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HomeMy WebLinkAboutMINUTES - 10312006 - D.2 TO'- BOARD OF SUPERVISORS s" CONTRA FROM: Lori Gentles, Assistant County Administrator- COSTA Dr�Or.*of Human Resources DATE: October 31, 2006 n''rq ... COUNTY SUBJECT: Memorandum of Understanding with the Physicians and Dentists' Organization of Contra Costa (PDOCC) for October 1, 2005 through September 30, 2008 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT the attached Resolution No. 2006/ 628 approving the Memorandum of Understanding between Contra Costa County and the Physicians' and Dentists' Organization of Contra Costa (PDOCC) implementing negotiated wage agreements and other economic terms and conditions of-employment beginning October 1, 2005 through September 30, 2008. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): l ACTION OF BOARD ON 0 - / APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT UNANIMOUS(ABSE T 1 COPY OF AN ACTION TAKEN AND ENTERED ON THE AYES: NOES: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE ABSENT: ABSTAIN: SHOWN. `� Orig.Dept: Human Resources Department ATTESTED 69 ` ,y 3/} cc: County Administrator JOHN B.CULLEN,CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller Physicians'and.Dentists'Organization of Contra Costa(PDOCC) BY ,DEPUTY M382(I OM8) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 31. 2006 , by the following vote: AYES: Uilkema,Piepho, DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None SUBJECT: Adopt the Memorandum of ) RESOLUTION NO. 2006/628 Understanding with Physicians' and ) Dentists' Organization of Contra Costa ) (PDOCC) BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the Memorandum of Understanding (MOU) (copy attached and included as part of this document) between Contra Costa County and the Physicians' and Dentists' Organization of Contra Costa (PDOCC), jointly signed by Lori Gentles, Assistant County Administrator-Director of Human Resources, and Stephen Daniels MD, Labor Representative, Physicians' and Dentists' Organization of Contra Costa (PDOCC), implementing negotiated wage agreements and other economic terms and conditions of employment beginning October 1, 2005 through September 30, 2008 for those classifications represented by that employee organization. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. _/�A Q"I/\ ^ Orig.Dept: Human Resources Department (�/�'�l.C� cc: County Administrator ATTESTED County Counsel JOHN B.CULLEN,CLERKIDF THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Physicians'and Dentists'Organization of Contra Costa (PDOCC) © _ BY DEPUTY RESOLUTION NO. 2006/628 1D1 TO: BOARD OF SUPERVISORS s-- CONTRA FROM: Lori Gentles, Assistant County Administrator- Director of Human Resources a. COSTA DATE: October 31, 2006 COUNTY���---', • r�coax SUBJECT: Memorandum of Understanding with the Professional and Technical Employees, American Federation of State, County, Municipal Employees (AFSCME) Local 512 for October 1, 2005 through September 30, 2008 SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT the attached Resolution No. 2006/ 629 approving the Memorandum of Understanding between Contra Costa County and the Professional and Technical Employees, American Federation of State, County, Municipal Employees (AFSCME) Local 512 implementing negotiated wage agreements and other economic terms and conditions of employment beginning October 1, 2005 through September 30, 2008. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN ATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(SI: ACTION OF BOARD ON h9 � APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT UNANIMOUS(ABSENT 1 COPY OF AN ACTION TAKEN AND ENTERED ON THE AYES: NOES: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE ABSENT: ABSTAIN: SHOWN. Orig.Dept: Human Resources Department ATTESTED cc: County Administrator JOHN B.CULLEN,CLERK OF HE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller Professional and Technical Employees,American Federation of State, County,Municipal Employees(AFSCME)Local 512 BY D DEPUTY M382(10/88) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 31. 2006 , by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None . ABSENT: None ABSTAIN: None SUBJECT: Adopt the Memorandum of ) RESOLUTION NO. 2006/629 Understanding with Professional and ) Technical Employees American ) Federation of State, County, Municipal Employees (AFSCME) Local 512 BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the Memorandum of Understanding (MOU) (copy attached and included as part of this document) between Contra Costa County and the Professional and Technical Employees American Federation of State, County, Municipal Employees (AFSCME) Local 512, jointly signed by Lori Gentles, Assistant County Administrator, Director of Human Resources, and Brenda Wood, Labor Representative, Professional and Technical Employees American Federation of State, County, Municipal Employees (AFSCME) Local 512, implementing negotiated wage agreements and other economic terms and conditions of employment beginning October 1, 2005 through September 30, 2008 for those classifications represented by that employee organization. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOZUPERVISORS ON THE DATE SHOWN.Orig.Dept: Human Resources Department D � O cc: County Administrator ATTESTED County Counsel JOHN B.CULLEN,CLERK O HE BOARD OF Auditor-Controller /7(a SORS AND COUNTY ADMINISTRATOR Professional and Technical Employees,American Federation of State,County,Municipal Employees(AFSME) Local 512 BY ,DEPUTY RESOLUTION NO. 2006/629 TO: BOARD OF SUPERVISORS .. CONTRA FROM: Lod Gentles, Assistant County Administrator- Director of Human Resources COSTA DATE: October 31, 2006 COUNTY SUBJECT: Memorandum of Understanding with the Public Employees Union, Local One for October 1, 2005 through September 30, 2008 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT the attached Resolution No. 2006/ 630 approving the Memorandum of Understanding between Contra Costa County and the Public Employees Union, Local One implementing negotiated wage agreements and other economic terms and conditions of employment beginning October 1, 2005 through September 30, 2008. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA COMMITTEE APPROVE . OTHER SIGNATURES : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER J VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT UNANIMOUS(ABSENT 1 COPY OF AN ACTION TAKEN AND ENTERED ON THE AYES: NOES: MINUTES OF THE BOARD �O�FSUPERVISORS ON THE DATE ABSENT: ABSTAIN: � SHOWN. (���_�/�,�-�1 �� Orig.Dept' Human Resources Department ATTESTED ! cc: County Administrator JOHN B.CULLEN,CLERK OF HE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller Public Employees Union,Local One D` BY ,DEPUTY M382(10/88) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 31. 2006 , by the following vote: AYES: Uilkema, Piepho,DeSaulnier, Glover and Gioia NOES: None ' ABSENT: None ABSTAIN: None SUBJECT: Adopt the Memorandum of ) RESOLUTION NO. 2006/630 Understanding with Public Employees ) Union, Local One ) BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the Memorandum of Understanding (MOU) (copy attached and included as part of this document) between Contra Costa County and the Public Employees Union, Local One, jointly signed by Lori Gentles, Assistant County Administrator, Director of Human Resources, and Rollie Katz, Labor Representative, Public Employees Union, Local One, implementing negotiated wage agreements and other economic terms and conditions of employment beginning October 1, 2005 through September. 30, 2008 for those classifications represented by that employee organization. 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig.Dept: Human Resources Department ©��a,(. / cc: County Administrator ATTESTED V�.t/L County Counsel JOHN B.CULLEN,CLERK O THE BOARD OF Auditor-Controller SUPERVISORS AND �COUNT A�, DMINI�TRATOR Public Employees Union,Local One BY ""C/ ��--� 8Y ,DEPUTY RESOLUTION NO. 2006/630 s- 1 TO: ' BOARD OF SUPERVISORS CONTRA FROM: Lori Gentles, Assistant County Administrator- %! Af Director of Human Resources COSTA r COUNTY DATE: October 31, 2006 '��nuk SUBJECT: Memorandum of Understanding with the Public Employees Union, Local One Family and Children's Services (FACS) Site Supervisors Unit for October 1, 2005 through September 30, 2008 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT the attached Resolution No. 2006/ 631 approving the Memorandum of Understanding between Contra Costa County and the Public Employees Union, Local One Family and Children's Services (FACS) Site Supervisors Unit implementing negotiated wage agreements and other economic terms and conditions.of employment beginning October 1, 2005 through September 30, 2008. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN OF 130ARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON October 31.2006 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT UNANIMOUS(ABSENT 1 COPY OF AN ACTION TAKEN AND ENTERED ON THE AYES: NOES: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE ABSENT: ABSTAIN: SHOWN: Orig.Dept:: Human Resources Department ATTESTED�� cc: County Administrator JOHN B.CULLEN,CLERK "JOHN B.CULLEN,CLERK F H�/TRD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller Public Employees Union,Local One Family and Children's Services (FACS)Site Supervisors Unit 8Y ,DEPUTY M.3fi�(t0lRR1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 31. 2006 , by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None SUBJECT: Adopt the Memorandum of ) RESOLUTION NO. 2006/631 Understanding with Public Employees ) Union, Local One Family and ) Children's Services (FACS) Site Supervisors Unit BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the Memorandum of Understanding (MOU) (copy attached and included as part of this document) between Contra Costa County and Public Employees Union, Local One Family and Children's Services (FACS) Site Supervisors Unit, jointly signed by Lori Gentles, Assistant County Administrator, Director of Human Resources, and Rollie Katz, Labor Representative, Public Employees Union, Local One Family and Children's Services (FACS) Site Supervisors Unit, implementing negotiated wage agreements and other economic terms and conditions of employment beginning October 1, 2005 through September 30, 2008 for those classifications represented by that employee organization. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig.Dept: Human Resources Department cc: County Administrator, ATTESTED County Counsel JOHN B.CULLEN,CLERK 011 THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Public Employees Union,Local One Family and Children's Services(FACS)Site Supervisors Unit BY � ,DEPUTY RESOLUTION NO. 2006/631 TO: BOARD OF SUPERVISORS CONTRA FROM: Lori Gentles, Assistant County Administrator- Director of Human Resources M _ COSTA DATE: October 31, 2006 rA' " n" COUNTY . SUBJECT: Memorandum of Understanding with the Service Employees International Union (SEIU) Local 535, Rank and File Unit, for October 1, 2005 through September 30, 2008 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT the attached Resolution No. 2006/ 632 approving the Memorandum of Understanding between Contra Costa County and the Service Employees International Union (SEIU) Local 535, Rank and File Unit, implementing negotiated wage agreements and other economic terms and conditions of employment beginning October 1, 2005 through September 30, 2008. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDAION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON October 31,2006 APPROVED AS RECOMMENDED OTHER OTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT UNANIMOUS(ABSENT 1 COPY OF AN- ACTION TAKEN AND ENTERED ON THE AYES: NOES: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE ABSENT: ABSTAIN: SHOWN. Orig.Dept: ':Human Resources Department ATTESTED cc: County Administrator JO N.B.CULLEN,CLERK OF TIjE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller Service Employees International Union(SEIU)Local 535,Rank and File Unit BY ,DEPUTY M.W(10JA9) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 31. 2006 , by the following vote: AYES: Uilkema,Piepho, DeSaalnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None SUBJECT: Adopt the Memorandum of ) RESOLUTION NO. 2006/632 Understanding with Service Employees ) International Union (SEIU) Local 535, ) Rank and File Unit BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the Memorandum of Understanding (MOU) (copy attached and included as part of this document) between Contra Costa County and the Service Employees International Union (SEIU) Local 535, Rank and File Unit, jointly signed by Lori Gentles, Assistant County Administrator, Director of Human Resources, and Michael Weinberg, Labor Representative, Service Employees International Union (SEIU) Local 535, Rank and File Unit, implementing negotiated wage agreements and other economic terms and conditions of employment beginning October 1, 2005 through September 30, 2008 for those classifications represented by that employee organization. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig.Dept: Human Resources Department cc: County Administrator ATTESTED / County Counsel JOHN B:CULLEN,CLERK OF THV BOARD OF Auditor-Controller SUP RVISORS AND COUNTY ADMINISTRATOR Service Employees International Union(SEIU)Local 535, ll Rank and File Unit BY `-� ,DEPUTY RESOLUTION NO. 2006/632 TO: BOARD OF SUPERVISORS CONTRA FROM: Lori Gentles, Assistant County Administrator- f a " Director of Human Resources COSTA�+ DATE: October 31, 2006 >a�o'N" COUNTY SUBJECT: Memorandum of Understanding with the.Service Employees International Union (SEIU) Local 535, Service Line Supervisors Unit, for October 1, 2005 through September 30, 2008 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT the attached Resolution No. 2006/ 633 approving the Memorandum of Understanding between Contra Costa County and the Service Employees International Union (SEIU) Local 535, Service Line Supervisors Unit, implementing negotiated wage agreements and other economic terms and conditions of employment beginning October 1, 2005 through September 30, 2008. CONTINUED ON ATTACHMENT: YES SIGNATURE // RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN ION BOARD C MMnTEE APPROVE OTHER SIGNATURE(S): 'ACTION OF BOARD ON October 31,2006 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS � I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT _UNANIMOUS(ABSENT / 1 COPY OF AN ACTION TAKEN AND ENTERED ON THE AYES: NOES: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE ABSENT: ABSTAIN: SHOWN. Orig.Dept: Human Resources Department ATTESTED cc: County Administrator JOHN B.CULLEN,CLERK OF HEBOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller Service Employees International Union(SEIU)Local 535,Service Line Supervisors Unit BY D �,DEPUTY M382(10/88) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 31, 2006 , by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None SUBJECT: Adopt the Memorandum of ) RESOLUTION NO. 2006/ 633 Understanding with Service Employees ) International Union (SEIU) Local 535, ) Service Line Supervisors Unit BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the Memorandum of Understanding (MOU) (copy attached and included as part of this document) between Contra Costa County and the Service Employees International Union (SEIU) Local 535, Service Line Supervisors Unit, jointly signed by Lori Gentles, Assistant County Administrator, Director of Human Resources, and Michael Weinberg, Labor Representative, Service Employees International Union (SEIU) Local 535, Service Line Supervisors Unit, implementing negotiated wage agreements and other economic terms and conditions of employment beginning October 1, 2005 through September 30, 2008 for those classifications represented by that employee organization. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig.Dept: Human Resources Department ��Q� cc: County Administrator ATTESTED x" - 31 / County Counsel JOHN B.CULLEN,CLERK OF THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Service Employees International Union(SEIU)Local 535, Service Line Supervisors Unit BY o PC>YY RESOLUTION NO. 2006/633 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 31, 2006 , by the_followina vote: AYES: Uilkema,Piepho,DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None SUBJECT: Adopt the Memorandum of ) RESOLUTION NO. 2006/634 Understanding with United Clerical, ) Technical and Specialized Employees ) American Federation of State, County, Municipal Employees (AFSCME) Local 2700 BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the Memorandum of Understanding (MOU) (copy attached and included as part of this document) between Contra Costa County and the United Clerical, Technical and Specialized Employees American Federation of State, County, Municipal Employees (AFSCME) Local 2700, jointly signed by Lori Gentles, Assistant County Administrator-Director of Human Resources, and Jo Bates, Labor Representative, United Clerical, Technical and Specialized Employees American Federation of State, County, Municipal Employees (AFSCME) Local 2700, implementing negotiated wage agreements and other economic terms and conditions of employment beginning October 1, 2005 through September 30, 2008 for those classifications represented by that employee organization. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig.Dept: Human Resources Department cc: County Administrator ATTESTED County Counsel JOHN B.CULLEN,CLERK OF HE BOAR OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR United Clerical,Technical and Specialized Employees American Federation of State,County,Municipal Employees (AFSCME)Local 2700 r' BY �- 0 ,DEPUTY RESOLUTION NO. 2006/634 TO: BOARD OF SUPERVISORS CONTRA FROM: Lori Gentles, Assistant County Administrator- Director of Human Resources COSTA DATE: October 31, 2006 a z=ua COUNTY SUBJECT: Memorandum of Understanding with the United Clerical, Technical and Specialized Employees American Federation of State, County, Municipal Employees (AFSCME) Local 2700 for October 1, 2005 through September 30, 2008 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT the attached Resolution No. 2006/ 634 approving the Memorandum of Understanding between Contra Costa County and the United Clerical, Technical and Specialized Employees American Federation of State, County, Municipal Employees (AFSCME) Local 2700 implementing negotiated wage agreements and other economic terms and conditions of employment beginning October 1, 2005 through September 30, 2008. CONTINUED ON ATTACHMENT: YES SIGNATU4E. 4L, .4 777 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM TION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON OctWmr,31.2006 APPROVED AS RECOMMENDED 'OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT UNANIMOUS(ASSENT_. 1 COPY OF AN ACTION TAKEN AND ENTERED ON THE AYES: NOES: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE ABSENT: ABSTAIN: SHOWN. Orig.Dept; Human Resources Department ATTESTED cc: County Administrator JOHN B.CULLEN,CLERK OF Tot BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller United Clerical,Technical and Specialized Employees American Federation of State,County,Municipal Employees(AFSCME)Local 2700 B ,DEPUTY M382(10/88) TO: BOARD OF SUPERVISORS �: ,• CONTRA FROM: Lori Gentles, Assistant County Administrator- . Director of Human Resources COSTA DATE: October 31, 2006 ra - COUNTY SUBJECT: Memorandum of Understanding with the Western Council of Engineers (WCE) for October 1, 2005 through September 30, 2008 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)A BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT the attached Resolution No. 2006/ 635 approving the Memorandum of Understanding between Contra Costa County and the Western Council of Engineers (WCE) implementing negotiated wage agreements and other economic terms and conditions of employment beginning October 1, 2005 through September 30, 2008. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA OF ARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON I t APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT UNANIMOUS(ABSENT.� i COPY OF AN ACTION TAKEN AND ENTERED ON THE AYES: NOES: MINUTES OF THE 80 OF SUPERVISORS ON THE DATE ABSENT: ABSTAIN: SHOWN. Orig.Dept: Human Resources Department ATTESTED cc: County Administrator JOHN B.CULLEN,CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller Western Council of Engineers(WCE) r 8 DEPUTY M382(10/98) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 31, 2006 , by the following vote: i AYES: Uilkema, Piepho,DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None SUBJECT: Adopt the Memorandum of ) RESOLUTION NO. 2006/635 Understanding with Western Council of ) Engineers (WCE) ) BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the Memorandum of Understanding (MOU) (copy attached and included as part of this document) between Contra Costa County and the Western Council of Engineers (WCE), jointly signed by Lori Gentles, Assistant County Administrator-Director of Human Resources, and Nancy Watson, Labor Representative, Western Council of Engineers (WCE), implementing negotiated wage agreements and other economic terms and conditions of employment beginning October 1, 2005 through September 30, 2008 for those classifications represented by that employee organization. 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig.Dept: Human Resources Department cc: County Administrator ATTESTED County Counsel JOHN B.CULLEN,CLERK OFT E BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Western Council of Engineers(WCE) BY L`�' � ,DEPUTY RESOLUTION NO. 2006/635 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND PHYSICIANS' AND DENTISTS' ORGANIZATION OF CONTRA COSTA OCTOBER 1 , 2005 - SEPTEMBER 30, 2008 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND PHYSICIANS' AND DENTISTS' ORGANIZATION OF CONTRA COSTA This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of Board of Supervisors' Resolution 81/1165 and has been jointly prepared by the parties. The Employee Relations Officer(County Administrator)is the representative of Contra Costa County in employer-employee relations matters as provided in Board of Supervisors' Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Physicians' and Dentists' Organization of Contra Costa (PDOCC) is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. This MOU shall be presented to the Contra Costa County Board of Supervisors, as the governing board of the County and appropriate fire districts, as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1, 2005 and ending September 30, 2008. , I DEFINITIONS DEFINITIONS Appointing Authority: The Health Services Director unless otherwise provided by statute or ordinance. Class: A group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group. Class Title: The designation given to a class, to each position allocated to the class, and to the employees allocated to the class. County: Contra Costa County. Department Head:An assignment in which an Exempt Medical Staff Member plans,organizes and directs the medical practice of a particular medical service, program or clinic. Director of Human Resources:The person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. Employee:A person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this MOU and whose position is held pending his return. Exempt:Any position which is exempt from the Merit System. Layoff List: A list of persons who have occupied positions allocated to a class in the merit system and who have involuntarily separated by layoff, displacement, or demoted by displacement,.or have voluntarily demoted in lieu of layoff or displacement, or have voluntarily transferred in lieu of layoff or displacement. Permanent-Intermittent Position:Any position which requires the services of an incumbent for an indefinite period but on an intermittent basis, as needed, paid on an hourly basis. Permanent Part-Time Position:Any position which will require the services of an incumbent for an indefinite period but on a regularly scheduled less than full time basis. I Permanent Position: Any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. Position: The assigned duties and responsibilities calling for the regular full time, part-time or intermittent employment of a person. Registrar: A physician designated by the appointing authority and assigned to the Emergency Room or assigned significant teaching and inpatient care responsibilities and who possesses expertise in a given field and acts as a resource to his/her colleagues. Resignation: The voluntary termination of permanent employment with the County. Temporary: Any employment which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated positions or in permanent status. PDOCC - 2 - 2005-2008 MOU SECTION 1 - ORGANIZATION RECOGNITION SECTION 1 - ORGANIZATION RECOGNITION PDOCC is the formally recognized employee organization for the representation unit listed below, and such organization has been certified as such pursuant to the Board Order dated December 19, 1995. Physicians' and Dentists' Unit SECTION 2 -ORGANIZATION SECURITY 2.1 Dues Deduction. Pursuant to Board of Supervisors' Resolution 81/1165, only a majority representative may have dues deduction and as such PDOCC has the exclusive privilege of dues deduction or agency fee deduction for all employees in its units. 2.2 Agency Shop. A. Organization Responsibility. PDOCC agrees that it has a duty to provide fair and non-discriminatory representation to all employees in all classes represented by PDOCC regardless of whether they are members of PDOCC. B. Enrollment of New Employees. The County Human Resources Department shall monthly furnish a list of all new hires to PDOCC.All new employees represented by PDOCC'on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1. Become and remain a member of PDOCC or; 2. pay to PDOCC, 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, and which shall not exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of PDOCC to determine an agency shop fee which meets the above criteria; or 3. do both of the following: a. Execute a written declaration under penalty of perjury under the laws of the State of California that the new 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, or that the new employee has a bona fide religious conscientious objection to joining or financially supporting a public employee organization; and b. pay a sum equal to the agency shop fee described in Section 2.2.13.2 to a non-religious, non-labor,charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. C: Options for Current Employees.All current employees represented by PDOCC on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1. remain a member of PDOCC or; PDOCC - 3 - 2005-2008MOU SECTION 2 - ORGANIZATION SECURITY 2. complete a new payroll deduction form and pay to PDOCC, 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, and which shall not exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of PDOCC to determine an agency shop fee which meets the above criteria;or 3. complete a new payroll deduction form which includes a written declaration inclusive of the written declaration under penalty of perjury under the laws of the State of California that the new 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 or that the employee now has a bona fide religious conscientious objection to financially supporting a public employee organization and pay a sum equal to the agency shop fee described in Section 2.2.13.2 to.a non-religious, non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. D. Hudson Procedure. PDOCC shall provide the County with a copy of PDOCC's Hudson Procedure for the determination and protest of its agency shop fees. PDOCC shall provide a copy of said Hudson Procedure to every fee payor covered by this MOU within one month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee.'Failure by a fee payor to invoke PDOCC's Hudson Procedure within one month after actual notice of the Hudson Procedure shall be a waiver by the employee of his or her right to contest the amount of the agency shop fee. E. Periods of Separation. The provisions of Section 2.2.13.2 shall not apply during periods that an employee is separated from the Physicians and Dentists Unit but shall be reinstated upon the return of the employee to the representation unit. Separation as defined herein includes transfer out of the unit, layoff, and leave of absence with a duration of more than thirty (30) days. F. Compliance. 1. An employee employed in or hired into a job class represented by PDOCC shall be provided with an Employee Authorization for Payroll Deduction form by the Human Resources Department. 2. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and PDOCC dues, agency shop fee, initiation fee or charitable contribution required under Section 2.2.13.3 are not received, PDOCC may, in writing, direct that the County withhold the agency shop fee and the initiation fee from the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to PDOCC. 3. If an employee who is a dues-paying PDOCC member or an agency shop fee-payor executes a payroll deduction form to change status to that of conscientious objector and PDOCC contests the validity of the conscientious objections, PDOCC may request in writing to the Labor Relations Manager that the County hold the deduction in trust for the designated charity pending a successful challenge by PDOCC in a court of competent jurisdiction, PDOCC - 4 - 2005-2008 MOU SECTION 2 - ORGANIZATION SECURITY provided however, such funds shall be held in trust without interest for no more than one year after the Auditor-Controller receives notices of the challenge, or until a court decision is rendered, whichever is later. If PDOCC's challenge is not upheld,the funds held in trust shall be distributed to the designated charity. PDOCC may only make one such challenge to any one employee during the term of a MOU. 4. PDOCC 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 PDOCC Security Section (2), or action taken or not taken by the County under this Section (2.2). This includes, but is not limited to, the County's Attorneys' fees and costs. The provisions of this section (2.2) shall not be subject to the grievance procedure following the adoption of this MOU by the County Board of Supervisors. G. Rescission of Agency Shop. 1. Conditions. In the event that employees represented by PDOCC vote to rescind Agency Shop, the provisions of Section G.2, and G.3 shall apply to dues-paying members of PDOCC. 2. Maintenance of Membership.All employees in units represented by PDOCC who are currently paying dues to PDOCC and all employees in such unit who hereafter become members of PDOCC shall as a condition of continued employment pay dues to PDOCC for the duration of this MOU and each year thereafter so long as PDOCC continues to represent the position to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Sections G.3 and GA. 3. Withdrawal of Membership. When agency shop has been rescinded, by notifying the Auditor-Controller's Department in writing, beginning for a period of thirty (30) days on the first day of the month following the vote for rescission, any employee may withdraw from PDOCC membership and discontinue paying dues as of the payroll period commencing on the first day of the succeeding month. Immediately upon close of the above mentioned thirty (30) day period the Auditor-Controller shall submit to PDOCC a list of the employees who have rescinded their authorization for dues deduction. 4. New Hires. Employees hired after rescission of agency shop in classifications assigned to units represented by PDOCC shall, as a condition of employment, complete a dues authorization form provided by PDOCC and shall have deducted from their paychecks the membership dues of PDOCC. An employee hired into the Physicians and Dentists Unit shall have thirty(30) days from the date of hire to decide if he or she does not want to become a member of PDOCC. Such decision not to become a member of PDOCC must be made in writing to the Auditor-Controller with a copy to the Labor Relations Division. If the employee decides not to become a member of PDOCC, any PDOCC dues previously deducted from the employee's paycheck shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to PDOCC. If the employee does not notify the County in writing of the decision not to become a member within the thirty (30) day period, he or she shall be deemed to have voluntarily agreed to pay the dues of PDOCC. PDOCC - 5 - 2005-2008MOU SECTION 2 - ORGANIZATION SECURITY Each such dues authorization form referenced above shall include a statement that PDOCC and the County have entered into a MOU, that the employee is required to authorize payroll deductions of PDOCC dues as a condition of employment, and that such authorization may be revoked within the first thirty (30) .days of employment upon proper written notice by the employee within said thirty (30) day period as set forth above. Each such employee shall, upon completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his or her right to revoke said authorization. 2.3 Communicating With Employees. PDOCC 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 PDOCC, provided the communications displayed!have to do with official organization business such as times and places of meetings and further provided that the employee organization appropriately posts and removes the information. The department head reserves the right to remove objectionable materials after notification to and discussion with PDOCC. Representatives of PDOCC, not on County time, shall be permitted to place a supply of employee literature at specific locations in-County buildings if arranged through the Appointing Authority or designated representative; said representatives may distribute employee organization literature in work areas(except work areas not open to the public) if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on duty employees. PDOCC shall be allowed access-to work locations in which it represents employees for the following purposes: a. To post literature on bulletin boards; b. to arrange for use of a meeting room; C. to leave and/or distribute a supply of literature as indicated above; d. to represent an employee on a grievance, and/or to contact a PDOCC officer on a matter within the scope of representation; e. to ascertain whether the terms and conditions of the MOU are being complied with. In the application of this provision, it is agreed and understood that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason for the visit,will be made with the departmental representative in charge of the work area, and the visit will not interfere with County services. 2.4 Use of County Buildings. PDOCC shall be allowed the use of areas normally used for meeting purposes for meetings of County employees except during the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday when: a. Such space is available; b. there is no additional cost to the County; C. it does not interfere with normal County operations, nor interfere with employee's work responsibility. PDOCC - 6 - 2005-2008 MOU SECTION 2 - ORGANIZATION SECURITY d. the meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. PDOCC shall maintain proper order at the meeting, and see that the space is left in a clean and orderly condition. The use of County equipment(other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even though it may be present in the meeting area. 2.5 Advance Notice. PDOCC shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions appointed by the Board, and to meet with the body considering the matter. The listing of an item on a public agenda, or the mailing of a copy of a proposal at least seventy-two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four (24) hours before the item will be heard, shall constitute notice. In cases of emergency when the Board, or boards and commissions appointed by the Board, determines it must act immediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical after its action. 2.6 Written Statement for New Employees.The County will provide a written statement to each new employee hired into a classification represented by PDOCC, that the employee's classification is represented by PDOCC and the name of a representative of PDOCC. The County will provide the employee with a packet of information which has been supplied by PDOCC and approved by the County. The County shall provide an opportunity for the Union to make a fifteen (15) minute presentation at the end of the Human Resources Department's new employee orientation meetings. 2.7 Assignment of Classes to Bargaining Units.The County shall assign new classes in accordance with the following procedure: a. Initial Determination. When a new class title is established, the Labor Relations Manager shall review the composition of existing representation units to determine the appropriateness of including some or all of the employees in the new class in one or more existing representation units, and within a reasonable period of time shall notify all recognized employee organizations of his/her determination. b. Final Determination. His/her determination is final unless within ten (10) days after notification a recognized employee organization requests in writing to meet and confer thereon. C. Meet and Confer and Other Steps. He/she shall meet and confer with such requesting organizations(and with other recognized employee organizations where appropriate)to seek agreement on this matter within sixty(60)days after the ten(10) day period in Subsection b, unless otherwise mutually agreed. Thereafter, the procedures in cases of disagreement, arbitration referral and expenses, and criteria for determination shall conform to Board of Supervisors' Resolution 81/1165. 2.8 Release Time for Training. Effective January 1, 2000, the County shall provide a maximum of fifty(50) hours per calendar year of release time for union-designated representatives to attend labor related training programs. PDOCC - 7 - 2005-2008MOU SECTION 3 - NO DISCRIMINATION Requests for release time shall be provided in writing to the Department and the Human Resources Department in writing at least fifteen (15) days in advance of the time requested. The Department will reasonably consider each request and notify the affected employee whether such request is approved within one (1) week of.receipt. 2.9 Physicians and Dentists as Employees or Contractors. A. Emplovees or Contractors. Effective upon adoption of the Memorandum of Understanding by the Board of Supervisors, the County agrees to hire new physicians and dentists who are or will be regularly scheduled to work twenty(20)or more hours. each week, as employees in positions assigned to the PDOCC Bargaining Unit, and not as contractors, in the following specialties: 1. General Internal Medicine. 2. General Pediatrics 3. Emergency Medicine 4. Family Practice 5. General Pathology 6. Oral Surgery 7. General Dentistry 8. General Practice 9. Medical and Surgical Registrars B. Psychiatrists. No less than sixty percent (60%) of the psychiatric service hours provided annually by the County will be provided by employee psychiatrists assigned to positions in the.PDOCC Bargaining Unit. Within sixty(60) days of a request from . PDOCC, but no more than once a year, the Health Services Department shall provide an alphabetical list of all psychiatrists working for the Department with their number of weekly scheduled work hours, and the total number of weekly scheduled work hours (excluding vacation and sick leave), for both employed and contracted psychiatrists, at the time of PDOCC's request. C. CCHP Community Provider Network Physicians. Notwithstanding subsections A. and B. above,the County may continue to contract for physician services needed by the Contra Costa Health Plan. SECTION 3 - NO DISCRIMINATION There shall be no discrimination because. of sex, race, creed, color, national origin, sexual orientation or union activities against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from carrying out the essential functions of the position safely. SECTION 4 -*SHOP STEWARDS AND OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetings. Employees designated as shop stewards or official representatives of PDOCC shall be allowed to attend meetings held. by County agencies during regular working hours on County time as follows: a. If their attendance is required by the County at a specific meeting, including meetings of the Board of Supervisors;. PDOCC .- 8 - 2005-2008 MOU SECTION 5 - SALARIES b. if their attendance is sought by a hearing body or presentation of testimony or other reasons; C. if their attendance is required for a meeting necessary for settlement of grievances filed pursuant to Section 15 - Grievance Procedure of this MOU and scheduled at reasonable times agreeable to all parties; d. if they are designated as a shop steward, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance provided the meetings are scheduled at reasonable times agreeable to all parties; e. if they are designated as spokesperson or representative of PDOCC and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's work station or assignment are made with the appropriate department head, and the County agency calling the meeting is responsible.for determining that the attendance of the particular employee(s)is required, including meetings of the Board of Supervisors and Retirement Board where items which are within the scope of representation and involving PDOCC are to be discussed. 4.2 PDOCC Representatives. Official representatives of PDOCC shall be allowed time off on County time for meetings duping regular working hours when formally meeting and conferring in good faith or consulting with the Labor Relations Manager or other management representatives on matters within the scope of representation, provided that the number of such representatives shall not exceed two (2)without prior approval of the Labor Relations Manager, and that advance arrangements for the time away from the work station or assignment are made with the appointing authority or designee. SECTION 5 -SALARIES 5.1 General Wage Increases. A. Effective on the dates indicated, each represented classification shall be increased as follows: July 1, 2007 2% increase July 1, 2008 2% increase Employees who did not receive a negotiated wage increase during FY 05/06 and were employed on January 1,2006 and are currently employed upon adoption of the MOU by the Board of Supervisors, will receive a one time payment of$1500 prorated for permanent part-time, permanent intermittent, and temporary employees. The proration will be based on $.72/hour for each straight time hour worked or in paid status during the period July 1, 2005 to June 30, 2006. Payment of this one-time lump sum payment will be made on the November 10, 2006 paycheck. B. Longevity Pay. Effective July 1,2008,employees at ten (10)years of County service shall be eligible to receive a two and one-half percent (2.5%) longevity pay differential. 5.2 Appointment. Exempt Medical Staff Members shall be employed only in classes for which they are qualified by virtue of their education,experience and professional license, and shall PDOCC 19 " 2005-2008MOU SECTION 5 - SALARIES be paid at a rate established for their classification. For classifications for which a range of steps have been established, Exempt Medical Staff Members shall be appointed at the step of the salary range for their class which is appropriate to their particular qualifications and the position to be filled giving due consideration to the experience, responsibility and competence of the appointee. The determination of an Exempt Medical Staff Member's qualifications and designation of the appropriate step of the salary range shall be by the appointing authority or designee and shall be final. The appointing authority or designee will notify PDOCC of any appointments above Step 6 in the applicable salary range and will include a justification for the appointment. 5.3 Reappointment. Exempt Medical Staff Members who terminate their services with the County and are subsequently reemployed in the same medical staff classification within two(2) years from the date of termination may be appointed at the step of the salary range at which they were employed at the time of termination. 5.4 Merit Adjustment. Each Exempt Medical Staff Member shall be eligible for a merit review one year after the date of his/her original appointment and annually thereafter until the top step of the range is reached. Based upon review of each Exempt Medical Staff Member's duties and performance,the appointing authority or designee may authorize an advancement to the next higher step in the salary range, or deny the adjustment with or without one additional review at some specified date before the next anniversary. Merit increase shall be awarded for satisfactory performance and there shall be no limit to the number of employees receiving a merit increment in any given year. The decision to approve or deny the Exempt Medical Staff Member's merit adjustment will be supported by a written evaluation of the member's performance. Performance evaluations will be completed by the appropriate Department Head,who may confer with other medical staff members and will be subject to review and approval by the appointing.authority's designee. The written performance evaluation system will be implemented within six (6) months of the adoption of this MOU. No salary adjustment shall be made unless a recommendation to do so is made by the appointing authority, or designee, and no provision of this section shall be construed to make the adjustment of salaries mandatory on the County. 5.5 Frequency. An Exempt Medical Staff Member shall be eligible for a salary review one year after the date of his original appointment and annually thereafter. At that time, the appointing authority or designee may authorize a salary adjustment, deny the adjustment unconditionally or deny the adjustment subject to review at some specified date before the next anniversary. Under special circumstances, the appointing authority or designee may make a one- step adjustment in advance of the date on which an Exempt Medical Staff Member becomes eligible for the adjustment. When such an advance adjustment is made,however,the Exempt Medical Staff Member may not receive another adjustment until the date of eligibility following that for which the adjustment was authorized in advance. 5.6 Effective Date. Adjustments to Exempt Medical Staff Members' salaries shall be effective on the first day of the month following the month in which the adjustment is authorized by the appointing authority or designee. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible,said advancement shall be made retroactive to the first of the month when eligible. 5.7 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the preceding month; provided, however,that each employee(except those paid on an hourly rate)may choose to receive an advance on the employee's monthly salary,in which case the Auditor shall,on PDOCC _ 10 - 2005-2008 MOU SECTION 5 - SALARIES the twenty-fifth (25th) day of each month, draw his/her warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3)or less(at the option of the employee)of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. The election to receive the advance shall be made on the prescribed form (form M-208, revised 5/81) and submitted by the 15th of the month to the department payroll clerk who will forward the card with the Salary Advance Transmittal/Deviation Report to the Auditor-Controller payroll section. Such an election would be effective in the month of the submission and would remain effective until revoked. In the case of an election made pursuant to this Section 5.7 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. 5.8 Part-Time Compensation.An Exempt Medical Staff Member working part-time shall be paid a monthly salary in the same ratio to the full time monthly rate to which he would be entitled as an Exempt Medical Staff Member working full time as the number of hours per week in his part- time work schedule bears to the number of hours in the regular full time schedule. Other benefits to which the employee is entitled under the provisions of this division may be assigned on the same pro rata basis. If the employment is periodic and irregular,depending on departmental requirements, payment for hours worked shall be made at the hourly rate established for the salary step to which the Exempt Medical Staff Member would be assigned if he were working permanent full time or part- time. 5.9 Compensation for Portion of Month.Any Exempt Medical Staff Member who works less than any full calendar month, except when on earned vacation or authorized sick leave, shall receive as compensation for his services an amount which in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such Exempt Medical Staff Member's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis. 5.10 Reclassification of Position. The salary of an employee whose position is reclassified from a class on the basic or exempt salary schedule to an Exempt Medical Staff classification shall be established in accordance with Section 5.2. 5.11 Salary on Change of Assignment. A. If a significant change is made in the duties, responsibilities,work schedule or work location assigned to an Exempt Medical Staff Member, the appointing authority or designee may review the changes to determine if they are of such a magnitude to warrant an adjustment in the salary level of the Exempt Medical Staff Member. If it is determined that an adjustment is appropriate, the appointing authority or designee may adjust the salary upward. If such an assignment is temporary (typically not exceeding one year duration), the Exempt Medical Staff Member shall return at the termination of the assignment to the step of the range he/she would have received had he/she remained in his/her regular assignment. B. Effective Date. Salary adjustments reflecting changes in assignment of an Exempt Medical Staff Member shall be effective on the first day of the month following the month in which the adjustment is made by the appointing authority or designee. PDOCC - 11 - 2005-2008MOU SECTION 5 - SALARIES 5.12 Salary on Promotion - Exempt Medical Staff Resident Physicians. Exempt Medical Staff Resident Physicians are expected to spend approximately one year in each of the three classifications. However, the duration of an employee's training at one of the levels may be extended at the discretion of the appointing authority or designee. Exempt Medical Staff Resident Physicians advancing to a next higher.resident physician classification shall be paid at the monthly rate for that classification. 5.13 Reassignment. An Exempt Medical Staff Member who is reassigned from one position to another position within the same classification shall be compensated at the same step in the salary range as he/she was previously. Eligibility for stipends as described in Section 5.14 will be reevaluated at the time of reassignment and may result in the commencement or discontinuing of a stipend or stipends as appropriate. 5.14 Stipends. Effective January 1, 2000, Exempt Medical Staff Members are eligible for the following additional compensation. An employee may be eligible for and receive stipends in more than one category. Neither periods of voluntary separation nor periods of involuntary separation exceeding two years, will be bridged. A. The President of the Medical Staff will receive $750 per month. B. The Department Heads for Ambulatory Family Medicine, Anesthesia, Dental (excluding the. classification Chief of Dental Service), Diagnostic Imaging , Emergency Medicine, Internal Medicine, Geriatrics, Obstetrics and Gynecology, Pathology, Pediatrics, Psychiatry, Regional DFM Division Head, Chief Surgery Registrar, Rehabilitation and Surgery, and other comparable assignments deemed appropriate by the appointing authority or designee will receive $550 per month. C. The Ambulatory Policy Committee Chair, Chief Orthopedics Registrar and Chief Oncology Registrar will receive $350 per month. D. The Chairpersons of the Medical Staff committees charged with considerable responsibility, such as Credentials, Medical Quality Assurance, Utilization Review, and other comparable assignments deemed appropriate by the appointing authority or designee will receive $550 per month. E. The Division Heads(e.g. Nursery,Ambulatory Medicine,and Out Patient Psychiatry, and Detention), the Assistant Residency Director, the Assistant Surgical Registrar Chief, the Assistant Surgical Chief and other comparable assignments deemed appropriate by the appointing authority or designee will receive $275 per month. A monthly stipend will be awarded to physicians and dentists based upon continuous years of employment as a permanent employee as follows: Years of Completed Service Positions Under 3- 5 6-8 9 or Hours 3 yrs. Years Years More 32 or more 0 $150 $300 $350 20-31. 0 $75 $150 $175 Employees assigned to a position of less than 20 hours per week are not eligible for this stipend. PDOCC - 12 - 2005-2008 MOU SECTION 6 - DAYS AND HOURS OF WORK The above stipends will become effective on the first of the month following the employee's appointment unless the appointment is effective on the first of the month, in which case the stipend will commence immediately. F. (1) Every member regularly scheduled to work at least four (4) family practice, internal medicine, adult medicine, pediatrics, PSYCHIATRY, DENTAL, HIV, LANGUAGE-SPECIFIC clinics ORA COMBINATION OF FOUR (4) OR MORE OF THESE CLINICS per week will receive an annual stipend of five hundred dollars ($500)for EACH OF THE ABOVE WEEKLY CLINICS that was regularly scheduled during the entire period of July 1 through June 30. The first period of stipend eligibility is July 1, 2006 through June 30, 2007. Stipends will be paid within ninety (90) days of the conclusion of the annual period. Example: A member has five (5) weekly family practice clinics that are regularly scheduled for the period July 1, 2006 through June 30, 2007. After June 30, 2007, the member will receive a one time stipend of$2500 (five(5) clinics weekly at$500 each). Should the member maintain the same schedule for the period July 1, 2007 through June 30, 2008, the member would receive another stipend after June 30, 2008 of$2500. (2) EVERY MEMBER WHO IS NOTAN INPATIENT REGISTRAR AND WHO DOES NOT QUALIFY FOR AN ANNUAL STIPEND IN 5.14.F.(1)ABOVE AND WHO WAS REGULARLY SCHEDULED TO WORK AT LEAST FOUR (4) CLINICS OF ANY KIND DURING THE ENTIRE PERIOD OF JULY 1 THROUGH JUNE 30 WILL RECEIVE AN ANNUAL STIPEND OF $2000. THE FIRST PERIOD OF STIPEND ELIGIBILITY IS JULY 1, 2006 THROUGH JUNE 30, 2007. STIPENDS WILL BE PAID WITHIN NINETY (90) DAYS OF THE CONCLUSION OF THE ANNUAL PERIOD. (3) Clinics cancelled for vacation or sick leave will not affect the calculation of the annual stipends in (1)or(2)above,with the exception that members who are on any leave of absence that exceeds a total of sixty (60) calendar days during the qualifying period are not eligible for this stipend. SECTION 6 - DAYS AND HOURS OF WORK 6.1 Days and Hours of Work.The normal work week for employees,except Residents, shall consist of five (5) eight-hour days or a total of forty (40) hours, 12:01 a.m. Sunday to 12:00 midnight Saturday; however, where operational requirements require deviations from the usual pattern of five eight-hour days per work week, an employee may be scheduled to meet these requirements. With the exception of Emergency Room assignments there shall be no split shifts without the employee's consent. The appointing authority or designee shall prepare written schedules in advance to encompass the complete operational cycle contemplated. The employee's preferences as well as Department's operational requirements will be considered in preparing the schedule. The normal work week for residents shall be determined by the Residency Program Director. A. Administrative Time. The basic physician and dentist schedule,excluding Registrars and physicians assigned primarily to the Emergency Department,for a forty(40)hour position will consist of thirty-six(36)hours of direct patient care, and four(4)hours of administrative time. This administrative time shall be prorated for all employees working in a twenty(20) hour or greater position according to the following schedule. The nature of the administrative time shall be decided by the appropriate Department Head. PDOCC - 13 - 2005-2008MOU SECTION 6 - DAYS AND HOURS OF WORK Total Hours per Week Average Admin. Hours per Week 36-40 4 28-35 3 20 - 27 2., Twenty percent(20%)of the administrative time per ten week cycle will be"at risk"to fill in for unscheduled absences and/or for any absences for short notice clinics, small clinics with two or fewer providers,the detention facilities, or at the discretion of the Department Head;to other clinics as necessary to allow for maximum latitude in approving leave requests. "At risk" administrative time will be scheduled in four (4) hour blocks. In addition, all Registrars with appropriate medical skills, the Department Head and Division Heads of the Department of Family Medicine,and the Residency Director, shall be"at risk"for six(6)four-hour blocks of time per calendar year to fill in for absences as described in this paragraph. Registrar eligibility and scheduling shall be coordinated between the head of the appropriate department and the head of the Department of Family Medicine. The decision of the appointing authority or designee regarding eligibility and scheduling of"at risk" blocks shall be final. On call time may be scheduled instead of "direct patient care" with the employee's approval at a ratio of four (4) hours of on call time to one (1) hour of "direct patient care" time. B. Administrative Time — Emergency Department. The basic schedule.for full.time physicians assigned primarily to the Emergency Department will consist of thirty two (32) hours of direct patient care, four (4) hours of administrative time and four (4) hours of time in lieu of "Back Up" coverage. Administrative time and "Back Up" coverage time, for part time physicians assigned primarily to the Emergency Department is as follows: Position Admin. Back-Up Hrs/Week Hrs/Week Hrs/Week 40 4 4 34-39 3 3 38-33 2 2 <28 0 0 The nature of the administrative time will be determined by the appointing authority or designee. Physicians assigned primarily to the Emergency Department will be assigned to provide"back-up coverage"for physicians.who are unable to work their assigned Emergency Department shifts due to unplanned absences. The"back-up coverage"schedule will be developed and administered by the Appointing Authority or designee.All physicians who receive Emergency Department Administrative hours are required to provide"back-up coverage"when assigned. Time worked as"back- up coverage"will be paid at the rate set forth in Section 6.6-Emer- ency Pay, for the shift worked. "Back-up coverage"shall be assigned among individual physicians as a ratio of their individual hours assigned to the Emergency Department divided by the total physician hours assigned to the Emergency Department. C. Administrative Time —.Family Practice. Physicians who are scheduled to work an average of six (6) or more Family Practice Clinics per week may request, in writing, additional administrative time such that their average total amount of administrative time weekly equals one hour for every Family Practice Clinic scheduled. No other PDOCC - 14 - 2005-2008 MOU SECTION 6 - DAYS AND HOURS OF WORK clinic assignments qualify for this formula. Physicians choosing this option agree that this formula for administrative time in 6.1C supplants the formula in 6.1A for administrative time and also agree not to reduce their scheduled number of Family Practice clinics while exercising this option. Schedule changes will be implemented within ninety (90) days of receipt and approval of the physician's written request. Physicians who are scheduled to work an average of 5.5 or more"qualifying clinics" per week may request, in writing,the following adjustments in their schedules based upon their years of service as a County employee: On or after the completion of twelve (12) years of County service in a permanent status, "at risk"Administrative Time as described in Section 6.1.A may be reduced from twenty percent (20%) to zero percent (0%). Physicians who are scheduled to work an average of seven (7) or more "qualifying clinics"per week may request, in writing,the following adjustments in their schedules based upon their years of service as a County employee: On or after the completion of fifteen (15) years of County service in a permanent status, Staff Development Time as described in Section 6.1.F may be increased to the following total weekly hours: Position Staff Development Hours per Week Hours Per Week 36-40 8 28-35 4 24-27 3 On or after the completion of twenty (20) years of County service in a permanent status, an average of four (4) hours of Staff Development time per week may be converted to administrative time that is not "at risk". "Qualifying clinics" are Family Practice Clinics, Scheduled Short Notice Clinics, Float Time(i.e.,time in physician's schedule designated to cover primary care responsibilities), HIV, Older Adults, Vietnamese and Laotian Clinics.When granted, schedule changes will be effective within ninety(90)days after receipt of the written request by the appointing authority or his designee. D. Administrative Time — Dental Clinics. Dentists who are scheduled to work an average of six (6) or more dental clinics per week may request, in writing, the following adjustments in their schedules based upon their years of service as a County employee: On or after the completion of twelve (12) years of County service in a permanent status, "at risk"Administrative Time as described in Section 6.1.A may be reduced from twenty percent (20%) to zero percent (0%). On or after the completion of fifteen (15) years of County service in a permanent status, Staff Development time may be allowed in accordance with Section 6.1.F as follows: Position Staff Development Hours per Week Hours Per Week 36-40 8 28-35 4 24-27 3 <24 0 PDOCC - Is - 2005-2008MOU SECTION 6 - DAYS AND HOURS OF WORK On or after the completion of twenty (20) years of County service in a permanent status, Staff Development Time may be converted to not-"at risk" Administrative Time. E. Telephone Backup. Sixteen consecutive hours per week of telephone advice nurse backup on-call time (paid 1:8) may be scheduled instead of two hours of "direct patient care" at the discretion of the appointing authority or designee. Individual employees with regular evening or Saturday clinic, or regular on-call assignments are exempt from this on-call provision, unless agreed to by the employee. "Direct patient care" is any time in which the employee's primary responsibility is delivering health care directly to patients, including clinics, emergency room, procedures, diagnostic tests, and surgery. F. Staff Development Employees regularly scheduled to work sixteen (16) hours per week or more of Family Practice Clinics and who have majority of their position hours assigned to Family Practice and Urgent Care 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 care. Employees may apply to use such time by submitting a proposal describing the goals and process of their work to the appointing authority or designee for approval. Employees will be notified in writing of the decision regarding their proposal. Approval of the use of staff development time shall be for 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 progress reports as determined by the appointing authority or designee. Those employees in forty(40) hour positions will be assigned four(4) hours of staff development time per week.This staff development time shall be prorated for those qualifying employees working in a twenty-four(24)hour or greater position according to the following schedule: Total Hours per Week Staff Development Hrs per Week 36-40 - 4 28'- 35 3 24 - 27 2 All physicians except those assigned to positions in the Emergency Department will be scheduled to work between the hours of 6:00 a.m. and 5:30 p.m., (normally between 8:00 a.m. and 5:00 p.m.) Monday through Friday. G. Evening and Weekend Assignments. The schedule for any physician working at least twenty(20) hours per week may include one four-hour evening clinic per week and/or one 4, 6, or 8 hour weekend clinic every eight weeks, at the discretion of the appointing authority or designee. Physicians with regular weekend direct patient care responsibilities are exempt from weekend clinic assignments. Such clinics will be compensated at the physician's base rate plus fifteen dollars($15)per hour effective July 1, 2006. Except for those physicians given assignments in the Departments of Emergency Medicine, Obstetrics&Gynecology and Pediatrics,additional evening or weekend work will be by mutual agreement. Such work will be compensated as described in Section 6.6 - Emergency Room Pay. This additional compensation MOM ' - 16 - 2005-2008 MOU SECTION 6 - DAYS AND HOURS OF WORK applies only to the scheduled time and does not include unscheduled work required for patient care needs or inpatient morning rounds. Additional evening and weekend work in the Departments of Emergency Medicine, OB-GYN and Pediatrics will be compensated as follows: 1. Emergency Department. A physician assigned to work in the Emergency Department will be compensated as set forth in Section 6.6 - Emergency Room Pay. 2. Department of Pediatrics. A physician with inpatient responsibilities for a physician assigned to the Department of Pediatrics will be paid at the hourly equivalent of his/her base pay. 3. Department of OB-GYN.A physician with inpatient responsibilities assigned to the Department of OB-GYN shall be paid as described in Section 6.3 — Regular OB Coverage for Holidays, Evenings, and Weekends. H. Implementation. Schedules reflecting the administrative hours and staff development hours will be implemented ninety (90) days after the adoption of this MOU. 6.2 Physician Call. The basic call obligation for physicians is defined in Section 6.1 above and is compensated as part of the employee's base monthly rate. Physicians who take additional on-call obligations will be paid on the following schedule: a. one (1) hour of straight time pay for each four hours of call (1:4) for Anesthesia, Orthopedics, Surgery, Medicine, Pediatrics, OB Joint Venture Health Plan or Advice first call and other comparable assignments deemed appropriate by the appointing authority. b. one (1) hour of straight time pay for each eight hours of call (1:8) for Pathology, GI, Opthamology, Health Officer, Plastic Surgery, Hand Surgery, Detention, Psychiatry, Health Plan or advice backup, and other comparable assignments deemed appropriate by the appointing authority. Pathology will be paid at the rate of 1:4 until such time as a classification and pay range for specialists is developed and approved by the Board. Call pay does not continue during the time the physician is called back. 6.3 Regular Obstetrics Coverage for Holidays, Evenings&Weekends. In lieu of the on-call rates described in Section 6.2, Physicians assigned to OB-GYN will share a total of$11,500 per month to cover all after hours services required for good patient care. Effective October 1, 1999, this per month payment shall be void. Effective October 1, 1999, Physicians assigned to in-house OB-GYN call will be paid at the straight time hourly rate, plus a ten dollar($10) per hour differential, for the actual hours assigned in-house on call between 5:00 P.M. and 6:30 A.M. and all hours on weekends and holidays. After hours delivery by physicians not on call for OB shall be paid at the base hourly rate with a three hour minimum and a six hour maximum. 6.4 Call Back Pay.A physician who is called back to duty will be paid at the straight time hourly rate for the actual time worked plus a differential of forty-two dollars ($42) per hour effective July 1, 2006, with a minimum of three hours pay for each call back. PDOCC - 17 - 2005-2008MOU SECTION 7 - HOLIDAYS 6.5 Pay for Weekend and Holiday Rounds. A physician whose assignment requires rounding,on weekends and holidays will be paid at the straight time hourly rate for the time spent rounding plus a differential of forty-two dollars $42 per hour, with a minimum of three hours pay. Only one three hour minimum will be paid per each twenty-four (24) hour period. 6.6 Emergency Room Pay. Effective July 1, 2006, a physician working in the Emergency Room will be paid the following differentials in addition to his/her regular base pay: Monday- Thursday 7:00 a.m.- 11:00 p.m. $14 per hour .Friday 7:00 a.m.- 7:00 p.m. $14 per hour Monday-Thursday 11:00 p.m.- 7:00 a.m. $42 per hour Fri.; Sat., Sun. 7:00 p.m.- 7:00 a.m. $56 per hour Saturday, Sunday 7:00 a.m.- 7:00 p.m. $28 per hour Holidays will be paid as weekends. Urgent Care in the evenings and on weekends will be compensated as emergency room pay. New Year's Eve and Christmas Eve will be paid as week- ends, beginning at 7:00 p.m. A physician working in the Emergency Room in addition to his/her regular basic schedule, will be paid at the hourly equivalent of his/her base pay plus the appropriate differential. 6.7 Work Schedule Re-Opener. The parties agree to reopen the work schedule provisions of the Memorandum of Understanding for the purpose of ensuring consistent practices among the departments and compliance with appropriate regulatory requirements. Any changes to the MOU and/or past practice except those necessitated by legal requirements shall be subject to agreement by both parties. If the County believes a change is necessitated by legal requirements, it shall notify the Union of the-change and the legal basis thereof. The County shall offer to meet with the Union before the County implements such change. SECTION 7 - HOLIDAYS 7.1 Holidays Observed. The County will observe the following holidays: a. January 1st, known as New Year's Day Third Monday in January known as Dr. M. L. King, Jr. Day Third Monday in February, known as Presidents Day The last Monday in May, known as Memorial Day July 4th, known as Independence Day First Monday in September, known as Labor Day November 11 th, known as Veterans Day Fourth Thursday in November,.known as Thanksgiving Day The day after Thanksgiving December 25th, known as Christmas Day Such other days as the Board of Supervisors may by resolution designate as holidays. b. Each employee shall accrue two (2) hours of personal holiday credit per month. Such personal holiday time may betaken in increments of one-tenth(1/10)hour, and preference of personal holidays shall be given to employees according to their seniority in their department as reasonably as possible. No employee may accrue more than forty (40) hours of personal holiday credit. On separation from County PDOCC - 18 - 2005-2008 MOU SECTION 8 - VACATION LEAVE service, an employee shall be paid for any unused personal holiday credits at the employee's then current pay rate. 7.2 Application of Holiday Credit. The following provisions indicate how holiday credit is to be applied: a. Employees on the five(5)day forty(40) hour Monday through Friday work schedule shall be entitled to a holiday whenever a holiday is observed pursuant to the schedule cited above. b. Employees on a work schedule other than Monday through Friday shall be entitled to credit for any holiday,whether worked or not, observed by employees on the regular schedule; conversely, such employees will not receive credit for any holiday not observed by employees on the regular schedule even though they work the holiday. C. Employees will be paid their basic salary rate for holidays actually worked in addition to regular pay for the holiday. If a holiday falls on the days off of an employee on a schedule other than Monday through Friday, the employee shall be given credit for their basic salary rate or granted time off on the employee's next scheduled work day. If any holiday listed above falls on a Saturday, it shall be celebrated on the preceding Friday. If any holiday listed in Section 7.1 falls on a Sunday, it shall be celebrated on the following Monday. 7.3 Holiday Credit for Part-Time Employees. Permanent part-time employees shall receive holiday credit in the same ratio to the holiday credit given full time employees as the number of hours per week in the part-time employee's schedule bear to the number of hours in the regular full time schedule, regardless of whether the holiday falls on the part-time employee's regular work day. 7_4 Work Leave. Upon Board of Supervisors approval of the MOU, but no later than November 10,2006,each employee will receive 24 hours of Paid Time Off(PTO)(prorated for part- time and permanent intermittent employees). If an employee is not granted his/her choice of day off, the supervisor shall suggest an alternate date. If the employee and supervisor cannot agree on the alternate date, the employee shall observe the day off on the employee's birthday. An employee whose birthday falls on a scheduled day off, may observe the PTO on the scheduled work day immediately preceding or immediately following the employee's birthday. 24/7 shift employees unable to schedule time off will be cashed out for unused time at the end of the agreement. This provision shall automatically terminate upon expiration of the MOU, and except as noted above, an employee will not be allowed to cash out any unused time. 7.5 Holiday Schedule—Re-Opener. The parties agree to reopen the holiday schedule provisions of the Memorandum of Understanding for the purpose of ensuring consistent practices among the departments on holiday scheduling, and compliance with appropriate regulatory requirements. Any changes to the MOU and/or past practice, except those necessitated by legal requirements, shall be subject to agreement by both parties. If the County believes a change is necessitated by legal requirements, it shall notify the Union of the change and the legal basis thereof. The County shall offer to meet with the Union before the County implements such change. SECTION 8 -VACATION LEAVE 8.1 Vacation Allowance. PDOCC _ 19 - 2005-2008MOU SECTION 8 - VACATION LEAVE A. Exempt Medical Staff members in permanent positions are entitled to vacations with pay which accrue according to, and may be cumulated to maximums set forth in the table below. Accrual is by hours of working time per calendar month of service and begins on the date of appointment to a permanent position,.except that increased accruals granted in recognition of long service being on the first of the month following the month in which the Exempt Medical Staff Member accrues the time set forth in Subsection (b), and except that accrual for portions of a month shall be in minimum amounts of one-tenth hour calculated on the same basis as for partial month compensation pursuant to Section 5.9. Vacation credits may be used only after completion of six months service in a permanent position but may be used by Exempt Medical Staff Members to supplement exhausted sick leave in cases of .absence during the first six months, and in addition, by .Exempt.Medical Staff Resident Physicians in order to reconcile vacation schedules to training needs. An Exempt Medical Staff Resident Physician who is required by the Department to schedule his/her vacation at the sole convenience of the Department in order to accommodate training needs shall have the equivalent of one (1) year's accrual of vacation credited at the beginning of each fiscal year's training program to accommodate Departmental vacation scheduling prior to regular accruals on a monthly basis. Exempt Medical Staff Resident Physicians may utilize,this vacation account credit in advance of the date the vacation is regularly accrued under the provisions applying to all Exempt Medical Staff Physicians. However, Resident Physicians who terminate before. the end of a fiscal year's training program shall have their vacation credit account adjusted downward to equal the pro rata.vacation they would have,accrued on the regular accrual plan. If a Resident Physician uses vacation accruals in excess of the adjusted entitlement computed effective on,his/her separation, the Resident shall reimburse the County for the excess vacation accruals taken at his/her then current pay rate. No vacation shall be allowed in excess of actual accrual at the time vacation is taken..On separation from County service Exempt Medical Staff Members shall be paid for any unused vacation credits at their then current pay rate. B. The rates at which vacation credits accrue, and the maximum cumulation thereof, are as follows: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 15 years 10 240 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years .20 480 30 years and up 23-1/3 560 8.2 Accrual During Leave Without Pay. No employee who has'been granted a leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 8.3 Vacation Allowance for Separated Employees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. PDOCC - 20 - 2005-2008 MOU SECTION 9 - SICK LEAVE 8.4 Vacation Preference.Vacation requests for Exempt Medical Staff Physicians in the Hospital and Clinics which are received in the Medical Staff Office at least thirty-five (35) days in advance will be responded to within ten days of receipt of the request and will be approved or denied based on the overall staffing considerations for the time requested.Vacation requests which are received less than thirty-five(35)days in advance will also be considered but preference will be given to those requests submitted with more than thirty-five (35) days advance notice. Approved vacations will not be canceled except under extreme circumstances. SECTION 9 -SICK LEAVE 9.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by the County and may be used only as authorized; it is not paid time off which employees may use for personal activities. 9.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the rate of eight (8) working hours credit for each completed month of service, as prescribed by County Salary Regulations and Memoranda of Understanding. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one-tenth hour (6 minutes) increments. Unused sick leave credits accumulate from year to year. When an employee is separated otherthan through retirement,accumulated sick leave credits shall be cancelled unless separation is involuntary and related to budget reductions, in which case the employee may petition the County to restore accumulated credits if that employee is reemployed within two years. As of the date of retirement, an employee's accumulated sick leave is converted to retirement on the basis of one day of retirement service credit for each day of accumulated sick leave credit. 9.3 Policies Governing the Use of Paid Sick Leave. As indicated above,the primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. The following definitions apply: Immediate Family means and includes only the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother,"stepmother, brother, sister, grandparent, grandchild, father-in-law, mother-in-law,daughter-in-law, son-in-law, brother-in-law, sister-in-law,foster children,aunt, uncle, niece, nephew, cousin, stepbrother,stepsister,or domestic partner of an employee and/or includes any other person for whom the employee is the legal guardian or conservator, or any person who is claimed as a "dependent"for IRS reporting purposes by the employee. Employee means any person employed by Contra Costa County in an allocated position in the County service. Paid Sick Leave Credits means those sick leave credits provided for by County Salary Regulations and memoranda of understanding. Condition/Reason: With respect to necessary verbal contacts and confirmations which occur between the department and the employee when sick leave is requested or verified, a brief PDOCC - 21 - 2005-2008MOU SECTION 9 - SICK LEAVE 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: a. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used when the employee is off work because of a temporary illness or injury. b. Permanent Disability Sick Leave. Permanent disability means the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which the employee is qualified by reason of education, training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: 1. An application for retirement' due to disability has been filed with the Retirement Board. 2. Satisfactory medical evidence of such disability is received by the appointing authority within thirty(30)days of the start of use of sick leave for permanent disability. 3. The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing, authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. C. Communicable Disease.An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a communicable disease. d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability under the conditions set forth below: 1. Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician anticipates -the disability to terminate. 2. If an employee does not apply for leave and the appointing authority believes that the employee is not able to properly perform her work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery therefrom the employee shall be required to undergo a physical examination by a physician selected by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. PDOCC - 22 - 2005-2008 MOU SECTION 9 - SICK LEAVE 3. Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. e. Medical and Dental Appointments. An employee may use paid sick leave credits: 1. For working time used in keeping medical and dental appointments for the employee's own care; and 2. For working time used by an employee for prescheduled medical and dental appointments for an immediate family member. f. Emergency Care of Family.An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. g. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family or of the employee's domestic partner, but this shall not exceed three working days, plus up to two days of work time for necessary travel. Use of additional accruals including sick leave when appropriate may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. h. Legal Adoption of a Child. Paid sick leave credits maybe used by an employee upon adoption of the child. i. Accumulated paid sick leave credits may not be used in the following situations: 1. Vacation. Paid sick leave credits may not be used for an employee's illness or injury which occurs while he/she is on vacation but the County Administrator may authorize it when extenuating circumstances exist and the appointing authority approves. 2. Not in Pay Status. Paid sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status. 9.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of the employee and the department head. Unless otherwise provided in the supplemental sections of this MOU, the following procedures apply: a. Employee Responsibilities 1. Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2. Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work. 3. Employees are responsible for obtaining advance approval from their supervisor for the scheduled time of pre-arranged personal or family medical and dental appointment. PDOCC - 23 - 2005-2008MOU SECTION 9.- SICK LEAVE 4. ,Employees are encouraged to keep the department advised of(1) a current telephone number to which sick leave related inquiries may be directed, and (2) any condition(s) and/or restriction(s) that may reasonably be imposed regarding specific locations and/or persons the department may contact to verify the employee's sick leave. b. Department Responsibilities. The use of sick leave may properly be denied if these procedures.are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim.The department head or designee may make reasonable inquiries about employee absences. The department may require medical verification for an absenceof three (3) or more working days. The department may also require medical verification for absences of less than three (3) working days for probable cause if the employee had been notified in advance in writing that such verification was.necessary. Inquiries may be made in the following ways: 1. Calling the employee's residence telephone number or other contact telephone number provided by the employee if telephone notification.was not made in accordance with departmental sick leave call-in guidelines. These inquiries shall be subject to any restrictions imposed by the employee. 2. Obtaining the employee's signature on the Absence/Overtime Record, or on another form established for that purpose, as employee certification of the legitimacy of the claim. 3. Obtaining the employee's written statement of explanation regarding the sick leave claim. 4. Requiring the employee to obtain a physician's certificate or verification of the employee's illness, date(s) the employee was incapacitated, and the employee's ability to return to work, as specified above. 5. In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as specified above. Department heads are responsible for establishing timekeeping procedures which will insure the submission of a time card covering each employee absence and for operating their respective offices in accordance with these policies and with clarifying regulations issued by the Office of the County Administrator. To help assure uniform policy application,the Human Resources Director or designated management staff of the County Human Resources Department should be contacted with respect to sick leave determinations about which the department is in doubt. 9.5 Disabili A. An employee physically or mentally incapacitated for the performance of duty is subject to dismissal, suspension or demotion, subject to the County Employees PDOCC - 24 - 2005-2008 ROU SECTION 9 - SICK LEAVE Retirement Law of 1937. An appointing authority after giving notice may place an employee on leave if the appointing authority has filed an application for disability retirement for the employee, or whom the appointing authority believes to be temporarily or permanently physically or mentally incapacitated for the performance of the employee's duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employees, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense and on the employees paid time a physical, medical examination by a licensed physician and/or a psychiatric examination by a licensed physician or psychologist, and receive a report of the findings on such examination. If the examining physician or psychologist recommends that treatment for physical or mental health problems, including leave, are in the best interests of the employee or the County in relation to the employee overcoming any disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due to temporary or permanent disability shall be without prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee is entitled other than regular salary. The Human Resources Director may order lost pay restored for good cause and subject to the employee's duty to mitigate damages. D. Before an employee returns to work from any absence for illness or injury, other leave of absence or disability leave, exceeding two weeks in duration,the appointing authority may order the employee to undergo at County expense a physical, medical, and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. If the report shows that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as he/she deems necessary in accordance with appropriate provisions of this MOU. 9.6 Workers' Compensation. A permanent non-safety employee shall continue to receive the appropriate percent of regular monthly salary, for all accepted claims filed before January 1, 2000, during any period of compensable temporary disability absence not to exceed one year. For all accepted claims filed with the County on or after January 1, 2000, the percentage of pay for employees entitled to Workers' Compensation shall be decreased from 87%to 86%. For all accepted claims filed with the County on or after January 1, 2007, the percentage of regular monthly salary for employees entitled to Workers' Compensation shall be decreased from eighty-six percent (86%) to eighty percent (80%). For all accepted claims filed with the County on or after January 1, 2008; the percentage of regular monthly salary for employees entitled to Workers' Compensation shall be decreased from eighty percent (80%) to seventy-five percent (75%). If Workers' Compensation becomes taxable, the County agrees to restore the original benefit level (100%of monthly salary)and the parties shall meet and confer with respect to funding the increased cost. A. Waiting Period. There is a three (3) 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 date of injury, the waiting period will be the first three (3) calendar days the employee does not work as a result of the injury. The time the employee is scheduled to work during this waiting period will be charged to the PDOCC - 25 - 2005-2008MOU SECTION 9 - SICK LEAVE employee's sick leave and/or vacation accruals. In order to .qualify for Workers' Compensation the employee must be under the care of a physician. Temporary compensation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds fourteen (14) days. B. Continuing Pay.A permanent employee shall receive the appropriate percentage as outlined above of regular monthly salary during any period of compensable temporary disability not to exceed one year. Payment of continuing pay and/or temporary disability compensation shall be made in accordance with Part 2,Article 3 of the Workers' Compensation Laws of. California. "Compensable temporary disability absence" for the purpose of this Section, is any absence due to work connected disability which qualifies for temporary disability compensation as set forth -in,Part 2, Article 3 of the. Workers' Compensation Laws of California. When any disability becomes medically permanent and stationary and/or reaches maximum medical improvement,the salary provided by this Section shall terminate. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which continuing pay is received. Employees shall be entitled to a maximum of one(1)year of continuing pay benefits for any one injury or illness. C. Continuing pay begins at the same time that temporary Workers' Compensation benefits commence and continues until either the member is declared medically permanent/stationary and/or reaches maximum medical improvement, or until one (1)year of continuing pay,whichever comes first provided the employee remains in an active employed status. Continuing pay is automatically terminated on the date an employee is separated from County service by resignation, retirement, layoff, or the employee is no longer employed by the County. In these instances, employees will be paid Workers'.Compensation benefits as prescribed by Workers' Compensation laws. All continuing pay will be cleared through the County Administrator's Office, Risk Management Division. Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working hours the employee shall be allowed time off up to three (3) hours for.such treatment without loss of pay or benefits provided the employee notifies his/her supervisor of the appointment at least three (3)working days prior to the appointment or as soon as the employee becomes aware the appointment has been made. 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. D. If an injured employee remains eligible for temporary disability-beyond one year, applicable salary will continue 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 available, workers' compensation benefits will be paid directly to the employee as prescribed by workers' .compensation laws. E. Rehabilitation Integration. An injured employee who is eligible for workers' compensation rehabilitation temporary disability benefits and whose disability is medically permanent and stationary and/or reaches maximum medical improvement, will continue to receive full salary by integrating sick leave and/or vacation accruals PDOCC 26 - 2005-2008 MOU SECTION 10 - LEAVE OF ABSENCE with workers' compensation rehabilitation temporary disability benefits until those accruals are exhausted. Thereafter, the rehabilitation temporary disability benefits will be paid directly to the employee. F. Health Insurance.The County contribution to the employee's group insurance plan(s) continues during the continuing pay period and during integration of sick leave or vacation with workers' compensation benefits. G. Method of'lnteQration. An employee's sick leave and/or vacation charges shall be calculated as follows: C = 8 [1 - (W_ S)] C = Sick leave or vacation charge per day (in hours) W= Statutory Workers' Compensation for a month S = Monthly salary For example: W = $960.00/mo. Workers' Compensation S = $1667.00 per month salary 8 = 8 hours C = Hours to be charged to Sick Leave C = 8 1 - ($960 . $1,667) C = 8 1 - (.5758) C = 8 (.4242) C = 3.39 3 hours chargeable to sick leave 5 hours chargeable to Workers' Comp. . 9.7 Accrual During Leave Without Pav. No employee who has been granted a leave without pay or an unpaid military leave shall accrue any sick leave credits during the time of such leave nor shall an employee who is absent without pay accrue sick leave credits during the absence. SECTION 10 - LEAVE OF ABSENCE 10.1 Leave Without Pay. Any employee who has permanent status may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however,that leaves for pregnancy, pregnancy disability, serious health conditions, and family care shall be granted in accordance with applicable state and federal law. 10.2 General Administration - Leaves of Absence. Requests for leave of absence without pay shall be made upon forms prescribed by the Director of Human Resources and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. Insofar as pregnancy disability leave is used under Section 9.3.d — Sick Leave Utilization for Pregnancy Disability, that time will not be considered a part of the eighteen (18)week family leave period.Additionally, an employee may choose to remain in a pay status by using available sick leave (under conditions specified in Section 9.3 - Policies Governing the Use of Paid Sick Leave), vacation,floating holiday or compensatory time off entitlements during the eighteen(18)week family leave; however, use of accruals must be on a continuous basis from the beginning of the family leave period and may not be broken into segments used on a monthly basis. Family leave must be requested at least thirty (30) days prior to the scheduled leave commencement date unless an exigency arises. A. Leave without pay may be granted for any of the following reasons: 1. illness, disability, or serious health condition; PDOCC - 27 - 2005-2008MOU SECTION 10 - LEAVE OF ABSENCE 2. pregnancy or pregnancy disability; 3. family care; 4. to take a course of study such as will increase the employee's usefulness on return to the position; 5. for other reasons or circumstances acceptable to the appointing authority. B. An employee must request family care leave at least thirty(30)days before the leave is to begin if the need for the leave is foreseeable. If the need is not foreseeable,the employee must provide written notice to the employer within five(5)days of learning of the event by which the need for family care leave arises. C. A leave without pay may be for period not to exceed one (1) year, provided the appointing authority may extend such leave for additional periods. Procedure in granting extensions shall be the same as that in granting the original leave, provided that the request for extension must be made not later than thirty(30) calendar days before the expiration of the original leave. D. Nevertheless, a leave of absence for the employee's serious health condition or for family care (FMLA) shall be granted to an employee who so requests it for up to eighteen (18)weeks during a"rolling"twelve(12)month period measured backward from the date the employee uses his/her FMLA leave in accordance with Section 10.4 -.Family Care Leave or Medical Leave, below. E. Whenever an employee who has been granted a leave without pay desires to return before the expiration of such leave, the employee shall submit a request to the appointing authority in writing at least fifteen (15) days in advance of the proposed return. Early return is subject to prior approval by the appointing authority. The Human Resources Department shall be notified promptly of such return. .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 on granting or denying leave or early return from leave shall be subject to appeal to the Human Resources Director and not subject to appeal through the grievance procedure set forth in this MOU. 10.3 Military Leave. Any employee who is ordered to serve as a member of the State Militia or the United States Army, Navy,Air Force, Marine Corps,Coast Guard or any division thereof shall be granted a military leave for the period of such service, plus ninety (90) days. Additionally, any employee who volunteers for service during a mobilization under Executive Order of the President or Congress of the United States and/or the State Governor in time of emergency,shall be granted a leave of absence in accordance with applicable federal or state laws. Upon the termination of such service or upon honorable discharge,the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. An employee who has been granted a military leave shall not, by reason of such absence,suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments, time on military leave shall be considered as time in County service. , PDOCC - 28 - 2005-2008 MOU SECTION 10 - LEAVE OF ABSENCE Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the Director of Human Resources may deem necessary. 10.4 Family Care Leave or Medical Leave. Upon request to the appointing authority, during a "rolling" twelve (12) month period measured backward from the date the employee uses his/her FMLA leave, any employee who has permanent status shall be entitled to at least eighteen (18) weeks (less if so requested by the employee) leave for: a. Medical leave of absence for the employee's own serious health condition which makes the employee unable to perform the functions of the employee's position; or b. family care leave of absence 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. The employee may be asked to provide certification of the need for family care leave or medical leave. Additional period(s) of family care or medical leave may be granted by the appointing authority. The eighteen (18) weeks' entitlement may be in broken periods, intermittently on a regular or irregular basis, or may include reduced work schedules depending on the specific circumstances and situations surrounding the request for leave. The eighteen (18) weeks may include use of appropriate available paid leave accruals when accruals are used to maintain pay status, but use of such accruals is not required beyond that specified in Section 10.8 - Leave Without Pay-Use of Accruals, below. When paid leave accruals are used for a medical or family care leave, such time shall be counted as part of the eighteen (18) week entitlement. In the situation where husband and wife are both employed by the County, the family care or medical leave entitlement based on the birth, adoption or foster care of a child is limited to an aggregate for both employees together of eighteen (18)weeks during a"rolling"twelve (12) month period measured backward from the date the employee uses his/her FMLA leave. Employees requesting family care leave are required to advise their appointing authority(ies)when their spouse is also employed by the County. For medical and family care leaves of absence under this section, the following definitions apply: Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child who is under eighteen (1 8j years of age for whom an employee stands in loco parentis or for whom the employee is the guardian or conservator or an adult dependent child of the employee. Parent: A biological, foster, or adoptive parent, a stepparent, legal guardian, conservator, or other person standing in loco parentis to a child. Spouse: A partner in marriage as defined in California Civil Code Section 4100. Domestic Partner:An unmarried person, eighteen (18)years or older,to whom the employee is not related and with whom the employee resides and shares the common necessities of life. Serious Health Condition: An illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide-care during a period of treatment or supervision and involves either inpatient care in a hospital, hospice or residential health care facility PDOCC - 29 - 2005-2008MOU SECTION 10 - LEAVE OF ABSENCE or continuing treatment or continuing supervision by a health care provider (e.g., physician or surgeon) as defined,by state and federal law.' Certification for Family Care Leave: A written communication to the employer from a health care provider of a person for whose care the leave is being taken which need not identify the serious health condition involved-but shall contain; 1. the date, if known, on.which the serious health condition commenced; 2. the probable duration of the condition; 3. an estimate of the amount of time which the.employee needs to render care or supervision; 4. a statement that the serious health condition warrants the participation of a family member to provide care during a period of treatment, or supervision; 5. if for intermittent leave or a reduced work schedule leave, the certification should indicate that the intermittent leave or reduced leave schedule is necessary for the care of the individual or will assist in their recovery, and its expected duration. Certification for Medical Leave:A written communication from a health care provider of an employee with a serious health condition or illness,to the employer,which need not identify the serious health condition involved, but shall contain: 1. the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employee's Job; 5. 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. Comparable Position:A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the positions held prior to the leave, Ordinarily,,the job assignment will be the same duties in the.same program area located in the same city, although specific clients, caseload, co-workers, supervisor(s), or other staffing may have changed during an employee's leave. 10.5 Pregnancy Disability Leave..Insofar as pregnancy disability leave is used under Section 9.3.d-Sick Leave Utilization for Pregnancy Disability,that time will not be considered apart of the eighteen (18)week family care leave period. 10.6 Group Health Plan Coverage. Employees who were members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the County contribution by maintaining their employment in pay status as described in Section 10.8 - Leave Without Pay-Use.of Accruals, below. During the eighteen (18) weeks of an approved medical or family care leave under Section 10.4- Family Care Leave or Medical Leave, above the County will continue its contribution for such health plan coverage even if accruals are not available for use to maintain pay status as required under Section 10.8. In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain their group health plan coverage, either through payroll deduction or by paying the County .directly. PDOCC" - 30 - 2005-2008 MOU SECTION 10 - LEAVE OF ABSENCE 10.7 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or cancelled by the appointing authority, or at the expiration of a leave, shall be without pay. Such absence may also be grounds for disciplinary action. 10.8 Leave Without Pay - Use of Accruals. A. All Leaves of Absence. During the first twelve (12) month period of any leave of absence without pay, an employee may elect to maintain pay status each month by using available sick leave (if so entitled under Section 9.3 - Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements; in other words, during the first twelve (12) months, a leave of absence without pay may be "broken" into segments and accruals used on a monthly basis at the employee's discretion. After the first twelve (12) months, the leave period may not be "broken" into segments and accruals may not be used, except when required by LTD Benefit Coordination or as provided in the sections below. B. Family Care or Medical Leave. During the eighteen (18) weeks of an approved medical or family care leave, if a portion of that leave will be on a leave of absence without pay,the employee will be required to use at least 0.1 hour of sick leave(if so entitled under Section 9.3 - Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements if such are available, although use of additional accruals is permitted under subsection A above. C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible employee who files an LTD claim and concurrently takes a leave of absence without pay will be required to use accruals as provided in Section B herein during the eighteen (18)week entitlement period of a medical leave specified in Section 10.4- Family Care Leave or Medical Leave above. If an eligible employee continues beyond the eighteen (18) week entitlement period on a concurrent leave of absence/LTD claim,the employee may choose to maintain further pay status only as allowed under subsection A herein. D. Sick leave accruals may not be used during any leave of absence,except as allowed under Section 9.3 -.Policies Governing the Use of Paid Sick Leave. 10.9 Leave of Absence Replacement and Reinstatement. Any permanent employee who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to a position in that classification and department. 10.10 Reinstatement from Family Care Medical Leave. In the case of a family care or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or comparable position if the return to work is after no more than 90 work days of leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a full schedule is after no more than 720 hours, including use of accruals, of intermittent or reduced schedule leave.At the time the original leave is approved, the appointing authority shall notify the employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or PDOCC . - 31 - 2005-2008MOU SECTION 11 - JURY DUTY AND WITNESS DUTY comparable position. An employee on a schedule other than 5/40 shall have the time frame for reinstatement to the same or comparable position adjusted on a pro rata basis. 10.11 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments_ that may accrue to them during the period of military leave. 10.12 Furlough Days Without Pay. Subject to the prior written approval of the appointing authority, employees may elect to take furlough days or hours without pay (pre- authorized absence without pay), up to a maximum of fifteen (15) calendar days for any one period. Longer pre-authorized absences without pay are considered leaves of absence without pay.' Employees who take furlough time shall have their , compensation for the portion of the month worked computed in accord with Section 5:9 - Compensation for Portion of Month of this MOU. Full time and part time employees who take furlough time shall have their vacation, sick leave, floating holiday and any other payroll-computed accruals computed as though they had worked the furlough time.When computing vacation, sick leave,floating holiday and other accrual credits for employees taking furlough time,, this provision shall supersede Section 7- Holidays, Subsection 7.1.b, Section 8-Vacation Allowance, and Section 9-Sick Leave, of this MOU regarding the computation of vacation, sick leave, floating holiday and other accrual credits as regards furlough time only. For payroll purposes, furlough time (absence without pay with prior authorization of the appointing authority)shall be reported separately from other absences without pay to the Auditor-Controller. The existing VTO program shall be continued for the life of the contract. 10.13 Unpaid Sabbatical Leave. Physicians and Dentists with six (6) years or more of service credit may take up to 120 calendars days of unpaid leave of absence every six(6)years, if an appropriate fill in provider is available to assume the physician's/ dentist's regular responsibilities. This leave is subject to the approval of the Health Services Director or designee who will consider the timing.of the leave and the .suitability of the replacement clinician. This provision is not grievable. Employees on unpaid sabbatical leave shall not accrue any vacation,floating holiday or sick leave credit during this time, nor shall they be paid for County holidays. In order to continue their health benefits during this time, the employee must pay both the County and their share of the health care premium cost. Employees must request such leave in writing to the Health Services Director, including the dates of leave and.name .of fill-in provider(s), at least ninety (90) calendar days before the beginning of requested leave. Management will provide a written reply within thirty (30) calendar days of the date of receipt of the request, including an explanation if the request is denied. This section will sunset at the conclusion of the term of this.agreement (date to be added at the conclusion of bargaining). SECTION 11 -JURY DUTY AND WITNESS DUTY 11.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an employee is obligated to report to the court. PDOCC _ 32 - 2005-2008 MOU SECTION 11 - JURY DUTY AND WITNESS DUTY a. When called for jury duty, County employees, like other citizens, are expected to discharge their jury duty responsibilities. b. Employees shall advise their department as soon as possible if scheduled to appear for jury duty., C. If summoned for jury duty in a Superior, Federal Court, or for a Coroner's jury, employees may remain in their regular pay status, or they may take paid leave (vacation,floating holiday,etc.)or leave without pay and retain all fees and expenses paid to them. d. When an employee is summoned for jury duty selection or is selected as a juror in a Superior or Federal Court, employees may remain in a regular pay status if they waive all fees(other than mileage), regardless of shift assignment and the following shall apply: 1. If an employee elects to remain in a regular pay status and waive or surrender all fees(other than mileage allowances),the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the court certificate to his/her department where it shall be retained as a department record. No "Absence/Overtime Record" must be submitted to the department payroll clerk. 2. An employee who elects to retain all fees must take leave(vacation,floating holiday, etc.) or leave without pay. No court certificate is required but an "Absence/Overtime Record" must be submitted to the department payroll clerk. e. Employees are not permitted to engage in any employment regardless of shift assignment or occupation before or after daily jury service that would affect their ability to properly serve as jurors. f. An employee on short notice standby to report to court,whose job duties make short notice response impossible or impractical,shall be given alternate work assignments for those days to enable them to respond to the court on short notice. g. When an employee is required to serve on jury duty, the County will adjust that employee's work schedule to coincide with a Monday to Friday schedule for the remainder of their service, unless the employee requests otherwise. Participants in 9/80 or 4/10 work schedules will not receive overtime or compensatory time credit for jury duty on their scheduled days off. In. Permanent-intermittent employees are entitled to paid jury duty leave only for those days on which they were previously scheduled to work. 11.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to them other than mileage allowance or they may take vacation leave or leave without pay and retain all fees and expenses. Part-time employees who give depositions on a regular day off will be paid at the straight time rate. Scheduling of depositions which would incur premium pay shall be at the discretion of the appointing authority or designee. PDOCC , - 33 - 2005-2008MOU SECTION 12 - HEALTH,.LIFE & DENTAL CARE Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations)shall take vacation leave or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth above. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Permanent-intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. SECTION 12 - HEALTH, LIFE & DENTAL CARE 12.1 County Programs.The County will continue to offer existing County Group Benefit Programs of medical, dental and life insurance coverage to all permanent employees regularly scheduled to work twenty (20) or more hours per week as described in Exhibit E of the current agreement. 12.2 Rate Information.The County Benefits Division will make health and dental plan rate . information available upon request to employees and departments. In addition,the County Benefits Division will publish and distribute to employees and departments information about rate changes as they occur during the year. 12.3 Medicare Rates. Corresponding Medicare rates for employees covered under this MOU shall be as follows: for Employee Only on Medicare by taking the Employee Only rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee;for Employee and Dependent(s)with one member on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s)with two members on Medicare by taking the Employee and Dependent(s)rate for the option selected and subtracting the monthly Part B Medicare premium withheld.from Social Security payments for two enrollees. 12.4 Partial Month. The County's contribution to the health plan premium is payable for any month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller. The responsibility for this payment rests with the employee. If payment is not made,the employee shall be dropped from the health plan.An employee is thus covered by the health plan for the month in which compensation is paid. 12.5 Coverage During Absences. An employee who is on approved leave of absence may convert to individual health plan coverage within thirty (30) days of the commencement of leave. Employees shall be allowed to maintain their health plan coverage at the County group rate for twelve(12)months if on approved leave of absence provided that the employee shall pay the entire premium (i:e., both employer and employee share) for the health plan during said leave. Said payment shall be made by the employee at a time and place specified by the County. Late payment shall result in cancellation of health plan coverage. An employee on leave in excess of twelve (12) months may continue health plan coverage by converting to an individual health plan option (if available) or continuing group coverage subject to the provisions of the Consolidated Omnibus Budget Reduction Act(COBRA)provided the employee pays the entire cost of coverage, plus any administrative fees, for the option selected. The entire cost of coverage shall be paid at a place and time specified by the County. Late payment may result in cancellation of health plan coverage with no reinstatement allowed. PDOCC - 34 - 2005-2008 MOU SECTION 12 - HEALTH, LIFE & DENTAL CARE 12.6 Retirement Coverage. Upon retirement,employees may remain in the same County group medical plan if immediately before their retirement they are either active subscribers to one of the County Health Plans or if on authorized leave of absence without pay they have retained their membership by either continuing to pay their monthly premium to the County by the deadlines established by the County or converting to individual conversion membership from the County plan through the medical plan carrier, if available. All employees hired on or after the date this provision is adopted and implemented by the Board of Supervisors,will be eligible for Retiree Health Coverage pursuant to the terms outlined above, upon completion of fifteen(15)years of service with Contra Costa County. For purposes of retiree health eligibility, a year of service shall be defined as one thousand (1,000) hours worked within an anniversary year. The existing method of crediting service while an employee is on an approved leave of absence will continue during the term of this agreement. 12.7 Deferred Retirement. Effective January 1, 1997,employees who resign and file for a deferred retirement may continue in their County group health and dental plan; the following conditions and limitations apply: a. Life insurance coverage is not included. b. To be eligible to continue health and dental coverage, the employee must: 1. be qualified for a deferred retirement under the 1937 Retirement Act provisions. 2. be an active member of a County group health and/or dental plan at the time of filing their deferred retirement application and elect to continue health benefits. 3. be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty-four (24) months of their application for deferred retirement. 4. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty (30) days before their separation from county service. C. Deferred retirees who elect continued health benefits hereunder may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement at their full personal expense, by paying the full premium for their health and dental coverage on or before the 11 th of each month to the Auditor-Controller. When they begin to receive retirement benefits, they will qualify for the same health and/or dental plan coverage and county subvention to which retirees who did not defer retirement are entitled. d. Deferred retirees who elect continued health benefits hereunder may elect not to maintain participation in their county health and/or dental plan during their deferred retirement period; and may instead qualify for the same coverage and county subvention in any County health and/or dental plan when they begin to receive retirement benefits as retirees who did not defer retirement are entitled; provided reinstatement to a County group health and/or dental plan with county subvention occurs no sooner than the first of the month following a full three(3)calendar month waiting period after the commencement of their monthly allowance. PDOCC - 35 - 2005-2008MOU SECTION 12 - HEALTH, LIFE & DENTAL CARE e. Eligibility for County subvention will not,exist hereunder unless and until the member draws a monthly retirement allowance within.not more than twenty-four(24) months after separation from County service. . f. Deferred retirees are required to meet the same eligibility provisions for health/dental plans as active/retired employees. 12.8 Dual Coverage. If a husband and wife both work for the County and one of them is laid off, the remaining eligible shall be allowed to enroll .or transfer into the health coverage combination of his/her choice. An eligible employee who is no longer covered for medical or dental coverage through a spouse's coverage shall be allowed to enroll or transfer into the health coverage combination of his/her choice within thirty (30) days of the date coverage is no longer afforded under the spouse's plan. 12.9 Health Care Spending Account.The County will offer regular full-time and part-time (20/40 or greater) County employees the option to participate in a Health Care Spending Account (HCSA) Program designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre-determined amount of money from their paycheck, not to exceed$3000 per year,for health care expenses not reimbursed by any other health benefits plan with before-tax dollars. Effective January 1, 2007, this amount shall be increased to $4500 per year. Effective January.1, 2008, this amount shall be increased to $5000 per year. HCSA dollars can be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125.Any unused balance cannot be recovered by the employee. 12.10 Wellness Incentive Program.A broad-based pilot Wellness Incentive Program will be developed with input from the joint Labor/Management Wellness Committee.The purpose of this program will be to reward County employees with incentives for participating in Wellness Program activities and encourage them to live healthier lifestyles.The Wellness Committee will work closely with the Human Resources Department on program design and implementation. A. Program Design. The Wellness Incentive Program design will include the development of additional wellness activities to compliment the current Employee Wellness Program schedule and collaboration with health plan carriers to develop special programs and activities for County employees and to encourage participating in their established wellness activities.Special emphasis will be placed on supporting major programs such as Smoking Cessation, Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings, and Health Fairs. B. Format. A point value system for program participation will be developed wherein each wellness activity and program will be assigned a point'value. Points will accumulate and incentive prizes will be awarded to employees upon realizing certain point levels.The value of the prizes will increase with higher point values and one(1) grand prize will be awarded each year to the employee with the highest number of points. C. Incentives. A series of incentive prizes will be assigned to certain point values. In addition, recognition for employee and department participation will be an important aspect of the Wellness Incentive Program. D. Referral.The parties agree to refer the Wellness Incentive Program to the Wellness Committee for its consideration. PDOCC - 36 - 2005-2008 MOU SECTION 13 - RESIGNATIONS 12.11 Child Care.The County will continue to support the concept of non-profit child care facilities similar to the "Kids at Work" program established in the Public Works Department. 12.12 Confidentiality of Information/Records.Any use of employee medical records will be governed by the Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26). 12.13 PERS Long Term Care.The County proposes to deduct and remit monthly premium and eligible lists to the PERS Long Term Care Administrator, at no County administrative cost, for County employees who are eligible and voluntarily elect to purchase long term care through the PERS Long Term Care Program. The County further agrees that County employees interested in purchasing PERS Long Term Care may participate in meetings scheduled by PERS Long Term Care in County facilities during non- work hours (i.e. coffee breaks, lunch hour). SECTION 13 - RESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. Oral resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the Human Resources Department and shall indicate the effective date of termination. 13.1 Resignation in Good Standing.A resignation giving the appointing authority written notice at least two (2)weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 13.2 Constructive Resignation.A constructive resignation occurs and is effective when: a. An employee has been absent from duty for five (5) consecutive working days without leave; and b. five(5) more consecutive work days have elapsed without response by the employee after the mailing of a notice of resignation by certified mail by the appointing authority to the employee at the employee's last known address. 13.3 Expressed Resignation.A resignation is effective when delivered or spoken to the appointing authority, operative either on that date or another date specified. 13.4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority. 13.5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice on the Director of Human Resources and a copy to 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 acknowledgement. PDOCC - 37 - 2005-2008MOU SECTION 14 -DISMISSAL, SUSPENSION, DEMOTION OR REDUCTION IN PAY C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Director of Human Resources. D. Disposition. If the Director of Human Resources determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of pay; subject to the employee's duty to mitigate damages. SECTION 14 - DISMISSAL. SUSPENSION, DEMOTION OR REDUCTION IN PAY 14.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend, temporarily reduce the pay of, or demote any employee for cause. The reduction in pay may not exceed five percent (5%) for a three month period. 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: a. , absence without leave, b. conviction of any criminal act involving moral turpitude, C. conduct tending to bring the County into disrepute, d. disorderly or immoral conduct, e. inefficiency, f. insubordination, g. being at work under the influence of liquor or drugs,carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises, h. neglect of duty (i.e. non-performance of assigned responsibilities), I. negligent or willful damage to public property or waste of public. supplies or equipment, j. violation of any lawful or reasonable regulation or order given by a supervisor or Department Head; k. willful violation of any of the provisions of the County's ordinance, I. material and intentional misrepresentation or concealment of any fact in connection with obtaining employment, M. misappropriation of County funds or property, n. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this MOU, o. dishonesty or theft, P. excessive or unexcused absenteeism and/or tardiness, PDOCC - 38 - 2005-2008 MOU SECTION 14 -DISMISSAL, SUSPENSION, DEMOTION OR REDUCTION IN PAY q. sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment, r. restriction or revocation of medical staff privileges. 14.2 Notice of Proposed Action. Before taking a disciplinary action to dismiss,suspend, for more than five (5) work days, temporarily reduce the pay of, or demote an employee, the appointing authority shall cause to be served personally or by certified mail, on the employee, a Notice of.Proposed Action, which shall contain the following: a. A statement of the action proposed to be taken. b. A copy of the charges; including the acts or omissions and grounds upon which the action is based. C. If it is claimed that the employee has violated a rule or regulation of the County, department or district, a copy of said rule shall be included with the notice. d. A statement that the employee may review and request copies of materials upon which the proposed action is based. e. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. 14.3 Employee Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7)calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or during an extension, the right to respond is lost. 14.4 Leave Pending Employee Response. Pending response to a Notice of Proposed Action within the first seven (7) days or extension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 14.5 Length of Suspension:Suspensions without pay shall not exceed thirty(30)days unless ordered by an arbitrator or an adjustment board. 14.6 Procedure on Dismissal.Suspension, Disciplinary Demotion, or Reduction in Pay. A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay of, or demote a permanent employee after having complied with the requirements of Section 14.2 where applicable,the appointing authority shall make an order in writing stating specifically the causes for the action. B. Service of Order. Said order of dismissal, suspension,temporary reduction in pay, or demotion shall be filed with the Director of Human Resources, showing by whom and the date a copy was served upon the employee to be dismissed, suspended, PDOCC - 39 - 2005-2008MOU SECTION 15 - GRIEVANCE PROCEDURE temporarily reduced in pay, or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon personal service or deposit in the U. S. Postal Service. C. Employee Appeals from Order. The employee may appeal an order of dismissal, suspension, temporary reduction in pay, or demotion through the procedures of Section 15-Grievance Procedure, of this MOU provided that such appeal is filed in writing with the Human Resources Director within ten (10) calendar days after service of said order. 14.7 Employee Representation Rights. The County recognizes an employee's right to representation during an investigatory interview or meeting that may result in discipline. The County shall not interfere with the representative's right to assist an employee to clarify the facts during the interview. If the employee requests a union representative, the investigatory interview shall be temporarily recessed for a reasonable period of time until a union representative can be present. For those interviews,which by nature of the incident must take place immediately,the union will take reasonable steps to make a union representative immediately available. The employer shall inform the employee of the general nature of the investigation at the time the employer directs the employee to be interviewed. 14.8 Disciplinary Investigations and Actions. During an investigation which could result in disciplinary action,the County at the written request of the employee will notify the employee every thirty(30) days of the status.of the investigation, and the anticipated date that the investigation will be concluded. At the.written request of the employee, except in termination, all records of disciplinary actions shall be destroyed five (5) years after the date of the disciplinary action, provided that: 1. there is no further incident/s of counseling or disciplinary action; or 2. the document has not been cited in additional disciplinary actions. SECTION 15 -GRIEVANCE PROCEDURE 15.1 Definition and Procedural Steps. A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however,those provisions of this MOU which specifically provide that the decision of any County official shall be final, .the interpretation or application of those provisions not being subject to the grievance procedure. PDOCC may represent the employee at any stage of the process. Grievances must be filed within thirty(30)days of the incident or occurrence about which the employee claims to have a grievance, and shall be processed.in the following manner: Step 1.Any employee,group of employees, or employee organization who believes that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the employee's immediate supervisor, who shall meet with the employee within five (5)days of receipt of a written request to hold such meeting. Grievances challenging suspensions, reductions in pay, demotions and terminations may be filed at Step 2 within the time frame set forth above. Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may submit the grievance in writing within ten(10)work days to such management official as the Department Head may designate. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied, how misapplication or misinterpretation has affected the grievant to the PDOCC - 40 - 2005-2008 MOU SECTION 15 - GRIEVANCE PROCEDURE grievant's detriment, and the redress the grievant seeks.A copy of each written communication on a grievance shall be filed with the Director of Human Resources. The Department Head or his or her designee shall have ten (10)work days in which to respond to the grievance in writing. Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the employee may appeal in writing within ten (10)work days to the Human Resources Director. The Human Resources Director or his/her designee shall have twenty (20) work days in which to investigate the merit of the complaint, and to meet with the Department Head and the grievant and attempt to settle the grievance and respond in writing Step 4. No grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 3 above, and filed within ten (10) work days of the written response of the Human Resources Director or designee. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, such grievance shall be submitted to an Adjustment Board comprised of three (3) PDOCC representatives, no more than two (2) of whom shall be either an employee of the County or an elected or appointed official of PDOCC presenting this grievance, and three (3) representatives of the County;no more than two(2)of whom shall be either an employee of the County or a member of the staff of an organization employed to represent the County in the meeting and conferring process. The Adjustment Board shall meet within twenty(20)work days of receipt of the written request and render a decision. If the County fails to meet the time limits specified in Step 4 and the grievant demands in writing that an Adjustment Board be convened,the County will convene an Adjustment Board within ten (10)work days or the 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 a majority decision, either the grievant or the County may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the employee and the Human Resources Director. Such request shall be submitted within twenty (20)work days of the rendering of the Adjustment Board decision. Within twenty (20) work days of the request for arbitration, the parties shall mutually select an arbitrator who shall render a decision within thirty(30)work days from the date of final submission of the grievance including receipt of the court reporter's transcript and post hearing briefs, if any. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the employee and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any. 15.2 Scope of Adjustment Board and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. B. No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by PDOCC 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 15.1 above. C. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements supplementary hereto or to establish any new terms or conditions of employment. PDOCC - 41 - 2005-2008MOU D. If the Human Resources Director, in pursuance of the procedures outlined in Step 3 above, or the Adjustment Board in pursuance of the provisions of Step 4 above, resolve a grievance which involves suspension or discharge, they. may agree to payment for lost time or to reinstatement with or without payment for lost time. E. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and PDOCC. 15.3 Time Limits. The time limits specified above may be waived by mutual agreement of the parties to the grievance. If the County fails.to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If an employee fails to meet the time limits specified in Steps 1 through 5-above,the grievance will be deemed to have been settled and withdrawn. 15.4 PDOCC Notification.An official with whom a formal grievance is filed by a grievant who is included in a unit represented by PDOCC, but is not represented by PDOCC in the grievance; shall give PDOCC a copy of the formal presentation. 15.5 Compensation Complaints.All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Human Resources Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, and if not detailed in the MOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than two(2)years from the date upon which the complaint was filed. 15.6 Strike/Work Stoppage. During the term of this.MOU, PDOCC, its members and representatives, agree that it and they will not engage in, authorize, sanction or support any.strike, slowdown, stoppage of work, sickout or 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. 15.7 Filing by PDOCC. PDOCC may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this MOU. SECTION 16 - RETIREMENT 16.1 Contribution. Pursuant to Government Code Section 31581.1, the County will continue to pay fifty percent(50%) of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOU, and shall terminate thereafter. Employees shall be responsible for payment of the employees'contribution for the retirement cost of living program as determined by the Board of Retirement of the Contra Costa County Employees' Retirement Union without the County paying any part of the employees share. The County will pay the remaining one-half('/2) of the retirement cost-of-living program contribution. PDOCC - 42 - 2005-2008 MOU SECTION 16 - RETIREMENT 16.2 Tier III Retirement Plan. Subject to the enactment of enabling legislation amending the 1937 Employees' Retirement Act to allow such election, the County will permit certain Tier II employees to elect a Tier III Retirement Plan under the following conditions: 1. The County and the Labor Coalition must agree on the wording of the legislation and both parties must support the legislation. 2. Except for disability, all benefit rights, eligibility for and amounts of all other benefit entitlements for Tier III,from and after the date of implementation, shall be the same as Tier I. The disability benefits for Tier III shall be the same as the current Tier II disability provisions. 3. The amount of the employee's required retirement contribution shall be established by the County Employees' Retirement Association and shall be based on the employee's age at entry into the retirement system. 4. Employees represented by the Labor Coalition and its member employee organizations (herein referred to as 'Labor Coalition'), enrolled in Tier 11 who have attained five (5) years of retirement credited service as of the effective date of the enabling legislation shall have a six (6) month period after such date to make a one time irrevocable election of the Tier III Retirement Plan expressed herein subject to action by the Board of Supervisors to implement the Plan. Thereafter, employees represented by the Labor Coalition enrolled in Tier 11 who have attained five(5)years of retirement credited service shall have a ninety(90)day period to make a one time irrevocable election of the Tier III Retirement Plan expressed herein. 5. a. The County's employer contributions' and subvention of employee contributions for Labor Coalition employees electing Tier III which exceed those which would be required for Tier II membership shall: 1. be funded by reducing the general wage increase agreed upon to be effective October 1, 1997, and the pay equity amounts attributable thereto, by a percentage sufficient to reduce the County's wage obligation by three($3) million dollars per year; and the general wage increase of all employees represented by the Labor Coalition shall be reduced accordingly; and 2. in the event the County's costs attributable to the creation and operation of Tier III exceed $3 million per year or the County Employees' Retirement Association's actuaries determine in future years that the County's retirement costs have increased and that the increase is attributable to the creation of Tier III and/or the impact of Tier III on the County's retirement costs, such increase shall be funded by reducing the general wage increase(s) agreed upon in future years, and the pay equity amounts attributable thereto, to the extent that future wage increases are granted; and the general wage increase(s) of all employees represented by the Labor Coalition shall be reduced accordingly; and, 3. in the event the County's costs attributable to the Tier III Retirement Plan are less than$3 million per year,the difference shall be divided by twelve and each twelfth shall be augmented by an amount equal to the County's common pooled fund interest which would have accrued if one twelfth had been invested in the first month of the past PDOCC - 43 - 2005-2008MOU SECTION 16 - RETIREMENT 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 Ill shall be used to offset future County retirement cost increases attributable to the creation and operation of Tier III; and 5. County savings shall be held in an account by'the Auditor-Controller which is invested in the County's common pooled fund and will accrue interest accordingly.The County will report yearly to the Labor Coalition on a)the beginning account balance, b)the interest earned, c) expenditures from the account to cover increased costs resulting from the Tier III'Retirement Plan, and d)the ending account balance. b. Any increased costs to the County, due to Tier III participation by employees not represented by the Labor Coalition, shall not be funded by reduction of general wage increases otherwise due to the employees represented by the Labor Coalition. C. Subject to the provisions expressed above, any and all additional employer and County-paid employee contributions which exceed the sum of the County's legally required contributions under Tier II shall be recovered by reducing general wage increases to the employees represented by the Labor Coalition. d. Any disputes regarding cost or savings shall be subject to binding arbitration upon demand.of the Labor Coalition or the County. 6. a. The enabling legislation shall provide that the Tier III Retirement Plan.may be implemented only by an ordinance enacted by the Board of Supervisors. b. Board of Supervisors' action to implement the Tier III Retirement Plan shall be taken not earlier than seven (7) months after the effective date of the legislation plus thirty(30)days after an actuarial report on the County cost of the Plan is received by the County, provided that before enactment of the ordinance, the Labor Coalition has not notified the County in writing that a one percent (1%) wage increase shall be implemented by the County effective October 1, 1997, without interest, in lieu of implementation of the Tier III Retirement Plan. 7. The establishment of the Tier III Retirement Plan pursuant to the terms of this Memorandum of Understanding shall be subject to approval by the Board of Retirement of the Contra Costa County Employees' Retirement Association. 8. In the event the County is prevented from implementing the Tier III Retirement Plan for any reason on or before the termination date of this MOU, the agreement of the parties regarding a Tier III Retirement Plan shall.expire and a one percent(1%)lump sum wage increase shall be implemented by the County within sixty (60) days after .the determination that Tier III cannot be implemented or as soon thereafter as practicable for the period covering October 1, 1997 through such termination date, without interest, in lieu of the Tier III Retirement Plan. Effective October 1, 2002, Tier 2 of the retirement plan shall be eliminated and all employees in Tier 2 of the retirement plan shall be placed in Tier 3. PDOCC - 44 - 2005-2008 MOU SECTION 17- EDUCATION REIMBURSEMENT Employees in Tier 2 with ten (10) or more years of County/District service, will be eligible to participate in the County's buy back program. Employees may replace Tier 2 benefits with Tier 3 benefits as follows: 1. Employee buys back two (2) years, County will buy back one (1) year for a total of three (3) years of buyback. 2. Employee buys back four(4)years, County will buy back two (2)years for a total of six(6)years of buyback. 3. Employee buys back six (6) years, County will buy back three (3) years for a total of nine (9) years of buyback. SECTION 17 - EDUCATION REIMBURSEMENT Permanent full time employees in classifications subject to this MOU will be eligible for$600 each calendar year to be applied to reimbursement for continuing education courses and associated tests, medical books and journals, professional dues, exam fees, medical/dental on-line computer services, computer hardware and software, from a standardized County-approved list or with appointing authority approval, provided each employee complies with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors. Unused reimbursement entitlements may be carried over to the next calendar year, but the maximum reimbursement available in any calendar year may not exceed twice the annual entitlement. Requests for reimbursement must be submitted within ninety (90) days of the date the expense was incurred. Permanent part-time PDOCC Unit members assigned to positions of at least twenty(20)hours per week shall be entitled to educational reimbursement on a prorated basis. Effective January 1,2007,the maximum amount will be increased to eleven hundred fifty dollars ($1150) per calendar year. SECTION 18 - PAID PERSONAL LEAVE/EDUCATIONAL LEAVE 18.1 Paid Personal Leave. In lieu of overtime or compensatory time off provisions, permanent full time employees with three (3) years of service in classes covered by this MOU,will be credited with five(5)days of paid personal leave. Incumbents of the Resident Physician classes are not eligible for paid personal leave but service in such classes will count towards the three (3) years credit to qualify for this benefit. Said leave will be pro-rated for permanent part-time employees, but will not be credited for permanent-intermittent (on-call) employees. This leave must be used during the calendar year in which credited and may not be carried forward. This paid personal leave is separate from paid vacation and will be accounted for accordingly. Upon separation from County service there shall be no pay off for unused personal leave credits. 18.2 Educational Leave. Each permanent full time employee with one(1)or more years of service shall be entitled to five (5) days leave with pay each calendar year to attend courses, institutions, workshops or classes which meet requirements for American Medical Association Category One Continuing Medical Education or recognized by the National Specialty Organization appropriate to the area of the employee's practice. Courses must be approved in advance by the Department Head and the appointing authority or designee, and must be completed prior to or concurrent with the leave. Employees attending courses which are scheduled and reimbursed by the Department and attended during work hours shall not receive additional leave. Educational leave shall be scheduled in the same manner as vacation leave. It must be used in the same calendar year or the calendar year following the year the credit was awarded. PDOCC - 45 - 2005-2008MOU SECTION 19 - MILEAGE An employee who attends an approved course on a date for which he/she is not regularly scheduled to work or who completes an approved home study course will be granted exchange time off or paid for the equivalent number of hours at his/her hourly base rate. The employee must indicate his/her preference for time off or pay in advance of taking the course. The final determination will be at the discretion of the Director of Medical Staff Affairs or designee. If the employee is granted exchange time off in lieu of pay, the employee will receive a voucher from the Director of Medical Staff Affairs or designee.An original copy of an educational leave voucher, signed by the appointing authority or designee may be required at the time the leave is scheduled. Permanent part-time employees shall be entitled to educational leave on a pro-rated basis. 18.3 Other Leave. In recognition of the requirement to attend mandatory meetings during non-work time, permanent full time employees with six years of service will receive an additional five (5)days paid leave. This leave will be prorated for permanent part-time employees.This paid leave will be credited at the beginning of each calendar year and may not be carried forward. Upon separation from County service, there shall be no payoff for unused credits. Utilization of this leave shall be applied for and authorized in accordance with Section 8.4 Vacation.Preference. SECTION 19 - MILEAGE The mileage allowance for use of personal vehicles on County business shall be paid according to the rates allowed by the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the Internal Revenue Service, whichever is later. SECTION 20 - PAY WARRANT ERRORS If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant issued within forty-eight(48)hours,exclusive of Saturdays, Sundays and holidays from the time the Department is made aware of and verifies that the pay warrant is in error. If the pay warrant error has occurred as a result of a mistake by an employee (e.g. payroll clerk) other than the employee who is receiving the pay, the error will be corrected as soon as possible ,from the time the department is made.aware that pay warrant is in error. Pay errors in employee pay shall be corrected as soon as possible as to current pay rate but that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the two (2) year period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the appointing authority or designee, the Director of Human Resources or designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. When the County notifies an employee of an overpayment and proposed repayment schedule and the employee wishes to meet with the County, a meeting will be held at which time a repayment schedule shall be determined. If requested by the employee; a PDOCC representative may be present at a meeting with management to discuss a repayment schedule in the case of overpayments to the employee. SECTION 21 -SERVICE AWARDS PDOCC - 46 - 2005-2008 MOU SECTION 22 - UNFAIR LABOR PRACTICE The County shall continue its present policy with respect to service awards including time off provided, however, that the type of award given shall be at the sole discretion of the County. The following procedures shall apply with respect to service awards: a. Presentation Before the Board of Supervisors.An employee with twenty(20) or more years of service may go before the Board of Supervisors to receive his/her Service Award. When requested by a department,the Human Resources Department will make arrangements for the presentation ceremony before the Board of Supervisors and notify the department as to the time and date of the Board meeting. b. Service Award Day Off. Employees with fifteen (15) or more years of service are entitled to take a day off with pay at each five (5) years anniversary. SECTION 22 -UNFAIR LABOR PRACTICE Either the County or PDOCC may file an unfair labor practice as defined in Board of Supervisor's Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in .discussions between the parties within thirty(30)work days from the date of receipt, may be heard and decided by a mutually agreed upon impartial third party. SECTION 23 - INSURANCE 23.1 Malpractice. County medical personnel covered by this MOU are covered under the self-insurance trust funds while working within their course and scope of employment.The exception to coverage is fraud, corruption or malice as defined in Government Code 825. The Government Code confers appropriate authority on the Board of Supervisors to administer the self-insurance program. The Board approves all settlements over $20,000 and accepts or rejects the recommendations of the County's attorneys and the Office of Risk Management regarding the option of trial. Any issues or concerns, or request for information regarding the administration of this plan may be directed to the Appointing Authority or designee. 23.2 Lona Term Disability Insurance. In 1994, the County amended its existing long term disability income protection program adopted by Resolution 82/1334 to include Residents and to provide for eighty-five percent (85%) replacement of basic monthly earnings, reduced by any deductible benefits. Basic monthly earnings include base salary step plus any stipend(s)computed as of the first day of the month in which the disability commences or other loss occurs. All other provisions of this plan remain unchanged. SECTION 24 - LENGTH OF SERVICE DEFINITION (For Service Awards and Accruals) 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 reemployed in a permanent County position, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation. The Human Resources Director shall determine these matters based on the employee status records in his department. SECTION 25 - PERMANENT PART-TIME EMPLOYEE BENEFITS Permanent part-time employees receive prorated vacation and sick leave benefits.They are eligible for health, dental and life insurance benefits at corresponding premium rates providing they work at PDOCC - 47 - 2005-2008MOU SECTION 26 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS least fifty percent (50%) of full time, If the employee works at least fifty percent (50%) of full time, County retirement participation is also included. SECTION 26 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. SECTION 27 - PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN A permanent-intermittent employee may participate in the County Group Health Plan if combined medical, dental and life insurance coverage is wholly at the employee's expense but at the group insurance rate. 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. Effective one hundred and twenty(120)days after all Coalition Employee Organizations have signed their respective Letters of Understanding, the .following benefit program shall be offered to permanent-intermittent employees: a. Program. The County shall offer CCHP Plan A-2 at the subvention rate of sixty-four percent(64%)of the cost of the premium for a single individual,to those permanent- intermittent employees who meet and maintain eligibility. b. Eli ibili . Initial eligibility shall be achieved when an employee has worked three(3) continuous months of service at an average of fifty percent(50%)time per month. In order to maintain eligibility, a permanent-intermittent employee must remain in paid status during each successive month. C. Pre-Pay. Employees who have achieved eligibility under the terms of 27.2b will pre- pay the employee's portion of the premium cost so that the effective date.of enrollment begins effective the first of the month of eligibility. Employees must continue to pre-pay their portion of the health insurance premium in order to continue „benefits. In addition, employees who meet the eligibility requirements and who have been voluntarily paying for a county group health program shall be allowed to enroll in CCHP Plan A-2 without a waiting period. d. Family Coverage. Employees may elect to purchase at their own expense, family coverage, including domestic partner, and shall follow the procedures outlined in C. above for payment for this.optional coverage. e. Implementation. There shall be a sixty (60) day Open Enrollment period with the initial date of coverage effective August 1, 2000. Subsequent Open Enrollment periods shall be4or thirty(30) days and coincide with the open enrollment period for 'County employees beginning in 2001. Permanent-intermittent employees who are not currently eligible, but who subsequently meetthe eligibility requirements,shall be notified of their eligibility and shall have thirty (30) days to decide whether or not to elect coverage under this program. f. Employees who are temporarily ineligible may purchase, at their.own cost, the plan in accordance with the procedures'set forth by the Contra Costa County Health Plan. Nothing in Section 27.2 shall prevent an employee from electing health coverage under either Section 27.1 or Section 27.2 PDOCC - 48 - 2005-2008 MOU SECTION 28 - PERSONNEL FILES SECTION 28 - PERSONNEL FILES An employee shall have the right to inspect and review any official record(s) relating to his or her performance as an employee or to. a grievance concerning the employee which is kept or maintained by the County in the employee's personnel file in the Human Resources Department or in the employee's personnel file in their Department. The employee's union representative, with written authorization by the employee, shall also have the right to inspect and review any official record(s) described above. The contents of such records shall be made available to the employee and/or the employee's union representative,for inspection and review at reasonable intervals during the regular business hours of the County. Employees shall be permitted to review their personnel files at the Personnel office during their work hours. For those employees whose work hours do not coincide with the County's business hours, management shall provide a copy of the employee's personnel file for their review. The custodian of records will certify that the copy is a true and correct copy of the original file. SECTION 29—CATASTROPHIC LEAVE BANK Catastrophic Leave Bank. The County Human Resources Department will operate a Catastrophic Leave Bank which is designed to assist any County employee who has exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of the employee or family member. The program establishes and maintains a Countywide bank wherein any employee who wishes to contribute may authorize that a portion of his/her accrued vacation, compensatory time, holiday compensatory time or floating holiday be deducted from those account(s) and credited to the Catastrophic Leave Bank. Employees may donate hours either to a specific eligible employee or to the bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred to a requesting employee's sick leave account so that employee may remain in paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury, or condition. Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical impairment or disability which manifests itself during employment. Operation. The plan will be administered under the direction of the Director of Human Resources. The Human Resources Department will be responsible for receiving and recording all donations of accruals and for initiating transfer of credits from the Bank to the recipient's sick leave account. Disbursement of accruals will be subject to the approval of a six(6) member committee composed of three (3) members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests for credits and shall make determinations as to the appropriateness of the request. The committee shall determine the amount of accruals to be awarded for employees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requester basis. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and shall be treated as regular sick leave accruals. To receive credits under this plan, an employee must have permanent status, must have exhausted all time off accruals to a level below eight (8) hours total, have applied for a medical leave of absence and have medical verification of need. Donations are irrevocable unless the donation to the eligible employee is denied. Donations may be made in hourly blocks with a minimum donation of not less than four(4) hours from balances in the vacation, holiday, floating holiday, compensatory time, or holiday compensatory time accounts. PDOCC - 49 - 2005-2008MOU SECTION 30 - REDUCTION IN FORCE 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 (25%) credited to the Catastrophic Leave.Bank. Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis.All computations will be on a standard 173.33 basis. Except that employees on other than a forty (40) hour week will have hours prorated according to their status. Any recipient will be limited to a total of one thousand forty (1040) hours or its equivalent per catastrophic event; each donor will be limited to one hundred twenty(120) hours per calendar year. No element of this plan is grievable.All appeals from either a donor or recipient will be resolved on a final basis by the Director of Human Resources. No employee will have any entitlement to catastrophic leave benefits. The award of Catastrophic Leave will be at the sole discretion of the committee, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six(6)months. The committee will be entitled to limit benefits in accordance with available contributions and to-choose from among eligible applicants on an anonymous basis those who will receive benefits, except for hours donated to a specific employee. In the event a donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria, the donating employee may authorize the hours to be donated to the bank or returned to the donor's account. The donating employee will have fourteen (14) calendar days from notification to submit his/her decision regarding the status of their donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank. Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. SECTION 30 - REDUCTION IN FORCE It is understood between the parties that budget reductions and program changes may cause separations and/or reductions of hours affecting classes represented by PDOCC. The practice privileges of any represented physician or dentist shall not be affected by reduction in force. The following procedures shall be followed. Items subject to grievance are noted with an asterisk(*). Those noted with a double asterisk ("*) are subject to grievance for alleged procedural violations only. Those not noted with an asterisk are not grievable. 1. Skill Lists are based on uniqueness of skills and are listed below: . Adult Outpatient Medicine • Allergy • BioEthics • Dental • Dental—Oral surgery • Dermatology • Disability Retirement Reviewer • Emergency Medicine • EMS • Family Medicine • Family Medicine—Short Notice • Gastroenterology With Procedures • Gastroenterology Without Procedures PDOCC _ 50 - 2005-2008 MOU SECTION 30.- REDUCTION IN FORCE • HIV • Medicine— Inpatient • Medicine Inpatient for Psychiatry • Neurology • OB-GYN— Inpatient • OB-GYN— Outpatient • Occupational Health • Oncology • Pathology • Pediatrics • Pediatrics—Output • Peds—Child Development • Public Health Communicable Disease • Psychiatry— Hospital based (PES & Inpatient) • Psychiatry— Outpatient • Residents 1, 2 , & 3 • Surgery— Inpatient • Surgery— Ortho • Surgery.—Outpatient Only • Surgery— Urology *2. Physicians and Dentists will be assigned to the appropriate Skill List(s) based upon current regular weekly clinical assignments. If the physician or dentist is not currently assigned to do the work of a skill list, he/she may still qualify for the skill list if: (a) he/she has been assigned to do the work of the skill list in that department, division or service for one consecutive year during the prior four(4) years within CCHS, AND (b) if he/she currently maintains sufficient unrestricted privileges to practice or serve has been customary in that department, division or service. 3. Physicians and Dentists can be on more than one skill list. *4. Date for seniority for the Family Medicine Skill List is based on date of hire in the classification of Exempt Medical Staff Physician, Exempt Medical Staff Dentist,or Resident Physician with CCHS. Date for seniority for all other Skill Lists is based on the date of assignment into the clinical department relevant to the Skill List as in#2 above. 5. PPT and FT status are equivalent for seniority. All PI physicians and dentist will have less seniority than all FT & PPT. All physicians and dentists in a PI position on the date of adoption of this MOU by the Board of Supervisors will be,within sixty(60)calendar days,offered the opportunity to convert to a PPT (20/40) position.'To be eligible to accept this offer, a PI physician or dentist: a. must agree to work twenty (20) hours weekly on a regularly scheduled basis, and b. must respond in writing to Health Services Personnel no later than thirty (30) calendar days from the date of mailing of the offer to convert. 6. Date for seniority is not based on position hours except as above. PDOCC - 51 - 2005-2008MOU SECTION 30 - REDUCTION IN FORCE *7. New hires will be placed on one or more Skill Lists as appropriate, based on their proposed. regular weekly assignment and sufficient unrestricted privileges in accordance with the principles in #2 above, and based on the dates as per#4 above. 8. It is management's decision as to whether or not to have a reduction in force(not grievable). 9. Once management has determined the need for a reduction in force, itis management's decision as to which Skill List(s) to reduce (not grievable) and how much to reduce each Skill List (not grievable). However, management agrees to meet and discuss these matters prior to implementation, including consideration of voluntary reduction in position hours by physicians or dentists in the Skill List(s) identified for reduction. **10. Reductions will occur by eliminating the least senior physician or dentist on the targeted Skill List(s) until management has completed the desired reduction in each Skill List. **11. A physician or dentist who resides on two (2) Skill Lists and whose hours are eliminated or reduced from one Skill List could choose to regain all lost hours by "bumping" the least senior individual(s)from the other Skill List where he/she resides provided the provider qualifies for the Skill List in accordance with#2 above. (Example: Doc A is on the ED Skill list and on the Family Medicine Skill list. He works 40 hours weekly in the ED.We choose to reduce ED doc hours. Doc A is at the bottom of the ED Skill List because he was the last one hired to that department, but he is not on the bottom of the Family Medicine Skill List because other docs have been hired to do Family Medicine since Doc A. Doc A can choose to bump out the doc or docs who have a total of forty (40) hours who are at the bottom of the Family Medicine List.) **12. A physician or dentist who resides on three (3) or more Skill Lists and whose hours are eliminated or reduced from one list could choose to regain all lost hours by "bumping" the least senior individual(s) from the other lists where he/she resides provided the physician or dentist qualifies for the skill list that he/she is bumping into in accordance with#2 above. Depending on the hours required, it is possible that individuals maybe bumped from more than one Skill List(Consider examples). 13. A physician or dentist who resides on only one Skill List and whose hours are eliminated or reduced does not have an option to "bump". 14. Reassignment of work schedules may follow."bumping"as permitted in this MOU under the provisions governing Involuntary Permanent Change of Assignment. **15. Should a physician or dentist have his/her hours reduced or eliminated due to a reduction in force, the physician or dentist has the right to be rehired back within four(4)years of his/her layoff date to perform the work of the Skill List(s)they previously resided on before any new physician or dentist is employed to perform that same skill set or be placed on those same Skill List(s). The physician,or dentist seeking rehire must have maintained current competence and be eligible for basic unrestricted privileges necessary to perform the typical work of the Skill List to which he/she desires to be rehired. 16. Physicians or dentists who voluntarily leave employment do not have rehire rights as outlined in#15 above. **17. Temporary physicians and dentists will be assigned to Skill List(s)and will be laid off before. any PDOCC member is laid off or has his/her hours reduced due to a reduction in force. 18. This agreement in no way affects the County's ability to continue to contract for physicians. in accordance with past practices nor does it require the County to lay off any contractor before a PDOCC - 52 - 2005-2008 MOU PDOCC member, except that any layoffs in psychiatry will not result in a violation of the language elsewhere in this MOU governing the ratio of contract to employed psychiatrists. **19. The County will provide PDOCC and any PDOCC members who, as a result of a workforce reduction,-would suffer layoff or hours reduction with sixty (60) calendar days notice of layoff or hours reduction. If the affected member could "bump" (see item 10 or 11 above), the member would have fourteen (14) calendar days to notify the County of this intention. The County would then give sixty(60)calendar days notice to PDOCC and to the member who was"bumped". If the provisions in Items 10 and 11 above applied,this cycle would repeat until reduction in force had been accomplished. **20. Seniority is maintained for any physician or dentist who has a break in service of less than two (2) years as a result of layoff, except that period of break in service does not count as time towards seniority. *21. Any physician or dentist who has vacated the class of exempt medical staff physician or exempt medical staff dentist in order to take a management position may bump back into his/her appropriate Skill List(s), (as defined in#2 above), should their management assignment be subject to workforce reduction. *22. The County agrees to meet and confer with PDOCC no later than ninety (90) calendar days following the ratification of this MOU to assign every current member of PDOCC to the Skill Lists. **23. The County will furnish PDOCC annually each January beginning in 2008 the Skill Lists for PDOCC's review. PDOCC will have forty-five(45)calendar days from receipt of these lists to grieve any placement on the list. If PDOCC does not grieve the placement on the Skill Lists within forty-five (45) calendar days,then the lists stand as written and are not grievable should layoffs occur before the next annual review. 24. Either PDOCC or the County can use the period of annual review referenced in#23 above to consider additions, modifications or deletions to the Skill List categories. All additions, modifications, or deletions must be agreed to by both parties. *25. Should a reduction in force occur during the interim between the annual reviews, the two (2) parties would meet and confer regarding the placement on Skill List(s) of: a. all physicians and dentists hired since the last annual review, b. those physicians and dentists reassigned since the last annual review, and c. those physicians and dentist claiming eligibility for a Skill List due to the acquisition of new skills since the last annual review. SECTION 31 - PROBATIONARY PERIOD Effective with Board of Supervisors' approval of the MOU, upon initial appointment employees in classifications subject to this MOU (excluding Exempt Medical Staff Resident Physicians)shall serve a twelve(12) month probationary period commencing on the date of appointment.The probationary period shall not include time served in temporary or residency appointments or any period of continuous absence exceeding fifteen (15) calendar days. Employees will receive an evaluation during the probationary period. PDOCC - 53 - 2005-2008MOU SECTION 32 - SPECIAL STUDIES/OTHER ACTIONS The regular appointment of a probationary employee,shall begin on the day following the end of the probationary period, subject to the condition that the Director of Human Resources receive from the appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee is recommended for permanent appointment..If a clerical or administrative error delays a probationary report and it is determined that it was the intent of the appointing authority to retain the probationer,the employee affected will not suffer any loss of pay or benefits. Employees will serve a probationary period unless at the discretion of the appointing authority the probationary period is waived for employees who have previously served one (1)year or more in a permanent position in good standing in this bargaining unit and who have not been separated from County service for a period of more than five (5) years. During the probationary period, employees are subject to termination by the appointing authority without cause and without right of appeal or compliance with Section 14 - Dismissal, Suspension. Reduction in Pay, and Demotion, or Section 15 - Grievance Procedure. SECTION 32 -SPECIAL STUDIES/OTHER ACTIONS Grievance Procedure. Representatives of the County shall meet and confer with representatives of the Labor Coalition in order to develop rules and guidelines governing the conduct and administration of Adjustment Boards. Safety Committee. Departments without a Safety Committee shall establish a committee within ninety (90) days of the effective date of this agreement. The Union shall appoint all labor representatives to the Committee. All Safety Committees shall schedule their meetings. SECTION 33 -ADOPTION The provisions of this MOU shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is-understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty(30)days after such Ordinance is adopted. SECTION 34 - SCOPE AGREEMENT AND SEPARABILITY OF PROVISION 34.1 Scope of Agreement. Except as,otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of.the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this MOU demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. PDOCC understands and agrees that the County is not obligated to meet and confer regarding 'wages, hours or conditions of employment during the term of this extended agreement, except as otherwise required by law. 34.2 Separability of Provisions: Should any section, clause or provision of this MOU be declared.illegal, unlawful or unenforceable, by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. 34.3 Salary Ordinance. Where a specific provision contained in a section of this MOU conflicts with a specific provision contained in a section of the Master Salary Ordinance(Res.83/1), PDOCC - 54 - 2005-2008 MOU SECTION 35 - FAIR LABOR STANDARDS ACT PROVISIONS the provision of this MOU shall prevail.Those provisions of the Master Salary Ordinances within the scope of representation which are not in conflict with the provisions of this MOU and those provisions of the Master Salary Ordinance which are not within the scope of representation shall be considered in full force and effect. 34.4 Duration of Agreement. This Agreement shall continue in full force and effect from October 1, 2005 to and including September 30, 2008. Said Agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other prior to ninety (90) days from the aforesaid termination date of its intention to amend, modify or terminate the agreement. SECTION 35 -FAIR LABOR STANDARDS ACT PROVISIONS The Fair Labor Standards Act, as amended, may govem certain terms and conditions of the employment of employees covered by this MOU. It is anticipated that compliance with the Act may require changes in some of the County policies and practices currently in effect or agreed upon. If it is determined by the County that certain working conditions, including but not limited to work schedules, hours of work, method of computing overtime, overtime pay and compensatory time off entitlements or use, must be changed to conform with the Fair Labor Standards Act,such terms and conditions of employment shall not be controlled by this MOU but shall be subject to modification by the County to conform to the federal law, without further meeting and conferring. The County shall notify PDOCC and will meet and confer with said organization regarding the implementation of such modifications. SECTION 36— (NEW) BILINGUAL PAY A salary differential of one hundred dollars ($100.00) per month shall be paid to incumbents of positions requiring bilingual proficiency as designated by the appointing authority and Director of Human Resources. Said differential shall be paid to eligible employees in paid status for any portion of a given month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. The Union shall be notified when such designations are made. Date: CONTRA COSTA COUNTY PDOCC PDOCC - 55 - 2005-2008MOU PDOCC EXHIBITS A - Salary Schedule for Exempt Medical Staff and Additional Duty Pay for Resident Physicians B - Fallback Staffing for Extra-Hour Clinics C - Increase in Hours D - Notification of Involuntary Permanent Change of Assignment E - September 30, 2005 Medical/Dental/Life Insurance Adjustments Coalition Settlement Agreement F - Counseling Memos G - Campus Safety H - Incorporate Deep Class & Flexibly Staffed Resolutions Exhibit A Physicians' and Dentists' Organization of Contra Costa Class & Salary Listing Effective October 1, 2005 Flex Staff(F)! Class Code Class Title Deep Class (D) Min Salary Max Salary VP75 EXEMPT MED STF RES PHY IV F $5,473.70 $5,473.70 VP71 EXEMPT MED STF RES PHYS I F $3,665.45 $3,665.45 VP72 EXEMPT MED STF RES PHYS II F $4,273.45 $4,273.45 VP74 EXEMPT MED STF RES PHYS III F $4,836.48 $4,836.48 VPWO EXEMPT MED STAFF DENTIST $7,872.93 $11,124.24 VPR1 EXEMPT MED STAFF PHYS FEL F $5,931.35 $5,931.35 VPD3 EXEMPT MED STF CHF DENTAL SVCS $10,004.58 $12,189.61 VPV7 EXEMPT MED STF DNTL SPLST $9,325.41 $13,176.56 VPW9 EXEMPT MED STF PHYSICIAN $9,530.77 $13,466.74 EXHIBIT B Contra Human Resources �' �` Department Costa p Third w g Aoor,Administration Bldg.. 651 Pine StreetOUnty Martinez,California 94553-1292 cr."—' (510)646-4064 ..corn Leslie T.Knight Director of Human Resources August 14, 1996 Stephen Daniels, M.D .- President Physicians and Dentists Organization of Contra Costa P.O. Box 1803 Martinez, California 94553 RE: SIDE LETTER ON FALLBACK STAFFING FOR EXTRA-HOURS CLINICS Dear Dr. Daniels: This side letter to the MOU confirms an agreement between the Health Services Department (HSD) and the Physicians and Dentists Organization of Contra Costa County (PDOCC) regarding the scheduling of physicians to staff extended-hour clinics in the Patients Choice Program. This agreement shall be effective July 8, 1996 and will remain in effect concurrent with the MOU until the HSD exercises the right to reopen as described below in Section No.7. 1. Fallback duty means the scheduling of one or more Physicians to an extended-hour clinic which has been scheduled to meet peak patient demands under the Patients Choice Program. Fallback clinics will be scheduled to last five (5) hours or less. 2. All fallback duty by Physicians shall be on a voluntary basis. 3. Physicians who work in an extended-hours clinic shall be compensated at the physician's base rate plus $42 per hour. 4. Physicians who work in an extended-hours clinic shall be guaranteed a minimum of two hours pay at the rate described in 3 above. This guarantee shall be in effect as soon as the volunteer physician is notified that her/his services will be needed for fallback for a specific date. 5. The Heath Services Department will establish an administrative procedure which will allow individual Physicians to voluntarily sign up for potential fallback duty in advance by designating those days on which they are available. To the extent possible, the HSO will schedule fallback clinics to qualified physicians from the voluntary sign up list in the order of sign up. The HSD will provide notice to physicians regarding the voluntary advance sign up procedure. 6. In addition, the HSD will encourage all eligible physician staff to otherwise keep the fallback scheduling office regularly informed as to their general availability for fallback duty. This information will not be held as a commitment of availability by the physician, but will comprise an initial"callup pool' of physicians to be contacted for voluntary service in the event that an extended-hours clinic must be staffed and no physicians have signed up for that date. The HSD may seek volunteers from among all qualified physicians. 7. At any time subsequent to the date of this agreement, the HSD may determine that the aforementioned voluntary fallback plan is unsatisfactory for meeting the staffing needs of extended-hours clinics and may reopen the subject of fallback clinic staffing with PDOCC. An unsatisfactory determination may be made if one or more extended-hour clinics must be cancelled due to lack of volunteers or administrative efforts required to obtain volunteers by calls to physicians are deemed excessive. If these terms and conditions conform to your understanding, please indicate your acceptance and agreement by signing in the spaces provided below. Dated: FOR PDOCC: FOR HEALTH SERVICES DEPT: J7 R CO COSTA COUNTY: EMIBIT C Human Resources Contra t��-- Department Costa ^ CO+ '� ��t-,� Third Floor,Administration Bldg. l.t ` :� �c `;% 651 Pine Street Martinez-California 94553.1292 ti (510)646-4064 Leslie T.Knigm. Director Of Human Resource: March 5, 1997 Stephen Daniels, MD., President Physicians & Dentists Organization of Contra Costa PO Box 1833 Martinez CA 94553 RE: INCREASE IN HOURS Dear Dr. Daniels: This is to confirm tentative agreement reached by Contra Costa County and Physicians & Dentists of Contra Costa regarding increase in hours for permanent- intermittent and permanent part-time employees. Permanent-intermittent and permanent part-time employees who wish to have the hours of their position increased, must make a written request to the appointing authority during the months of April and/or October for the duration'of fhe new MOU. The Appointing Authority reviewing these requests will evaluate them within thirty (30) days of their receipt, considering among other matters the actual hours assigned to and worked by the employee during the previous 6 months, the anticipated continuing need for their assignment for additional hours and operational requirements. Those requests which are approved by the department for an increase in hours will be submitted for consideration by the County as a P-300 request within an additional sixty (60) days. The employee will be notified in -writing with an explanation of requests not approved; PDOCC will be copied on all denials. If the above conforms with your understanding, please indicate agreement by affixing your signature in the space provided below. Sincerely, Kathy Ito Labor Relations Manager Confirmed: Stephen Daniels, MD., resident PDOCC r cc: Leslie Knight, Human Resources Director William Walker, MD., Health Services Director Ken Corcoran, Auditor-Controller EMIBIT D Contra Human Resources ,�. Department Costa . , County � . Administration sid9. 651 Pine Street.Third Boor r" Martinez.Cardomia 94553-1292 (510)335-1764 April 10, 1997 t_estie T.Knight Director of Human Resources Stephen Daniels, MD., President Physicians' & Dentists' Organization of Contra Costa PO Box 1803 Martinez CA 94553 RE: NOTIFICATION OF INVOLUNTARY PERMANENT CHANGE OF ASSIGNMENT Dear Dr. Daniels: This is to confirm tentative agreement reached by Contra Costa County and the Physicians' & Dentists' Organization of Contra Costa regarding notification of involuntary permanent change of assignment. Except in cases of emergency, a twenty-eight (28) day notice will be provided to any bargaining unit member prior to any involuntary permanent change in work hours, type of work, or work location. This provision shall not be applicable in disciplinary situations. If the above conforms with your understanding, please indicate agreement by affixing your signature in the space provided below. ?Sincerely, Labor Relations Manager Coni ed: J(?l J`tep ' n Daniels, MD., President PDOCC cc: Leslie Knight, Human Resources Director William Walker, MD., Health Services Director EXHIBIT E PDOCC LABOR COALITION—2005 NEGOTIATIONS Local#1 MOU Local#1 FACS Unit MOU AFSCME Local 512 MOU AFSCME Local 2700 MOU SEW Local 535 RANK& FILE MOU SEW Local 535 SUPERVISORY MOU WCE MOU PDOCC MOU MEDICAUDENTAULIFE INSURANCE ADJUSTMENTS Coverages Offered The County offers the following plans: Contra Costa Health Plans (CCHP)A&B, Kaiser, HealthNet HMO, HealthNet PPO, Delta and PMI Delta Care Dental Co-Pays Effective January 1, 2007 the co-pays will increase as follows: CCHP A: No change CCHP B: No change KAISER: $10 Office Visit $10 Generic RX $20 Brand RX $10 Emergency Room HEALTHNET HMO & PPO: $10 Office Visit $10 Generic RX $20 Formulary RX $35 Non-Formulary RX $25 Emergency Room Delta Dental Plan Enhancements Effective January 1, 2007 dental sealants will be provided to eligible dependent children in accordance with the provisions under the Delta Dental Plan. Life Insurance Effective January 1.2007 increase coverage from $7500 to $10,000 for employees enrolled in either a health and/or dental plan. The County shall provide the health and dental plans subventions as follows: HEALTH PLAN SUBVENTION: EXHIBIT E PDOCC CCHP A: 98% CCHP B: 90% KAISER: 80% HEALTHNET HMO: 80% HEALTHNET PPO: 2006 60.82%-The County and Coalition will equally share (50/50)the amount of any premium increases 2007 59.39% -The County and Coalition will equally share (50/50)the amount of any premium increases DENTAL PLAN SUBVENTION: Delta Dental/CCHP A/B 98% PMI Dental Carel CCHP A/B 98% Delta Dental 78% PMI Delta Dental 78% at 3 year rate guarantee Dental Only County pays all but$-01 OFFICE OF THE DIRECTOR _ f BOARD OF SUPERVISORS NILLIAM B.WALKER,M.D. John Gioia,1"District )ERECTOR&HEALTH OFFICER Gayle B.Uilkema,2n°District 50 DOUGLAS DRIVE,SUITE 310-A �' .F ,w` j Mary N.Piepho,Yd District vtartinez,Calillomia 94553 Mark DeSaUlnier,0 District 1h(925)957-5403 Federal D.Glover,5d'District '5)957-5409 CONTRA COSTA COUNTY ADMINISTRATOR HEALTH SERVICES John R.Cullen Exhibit F: Counseling Memos Twelve or more months following the date of issue of a Counseling Memo, an employee may submit a written request to the Health Services Personnel Officer, requesting that the Counseling Memo be removed from all County (including Department) files. The Memo shall be removed unless: A. During the intervening period, additional incident/s occurred that caused the counseling memo to be written; or B. The Counseling Memo has been included in disciplinary action. The Health Services Personnel Officer will reply to the request, verifying either that the Memo has been removed or retained. Efate: FOR THE COUNTY- FOR THE PDOCC: C.<CL •Contra Costa Alcohol and Other Drugs Services•Contra Costa Emergency Medical Services.Contra Costa Environmental Health•Contra Costa Health Plan• .Contra Costa Hazardous Materials Programs•Contra Costs Mental Health•Contra Costa Public Health•Contra Costa Regional Medical Center•Contra Costa Health Centers OFFICE OF THE DIRECTOR BOARD OF SUPERVISORS WILLIAM B.WALKER,M.D. 11 John Gioia,1 District DIRECTOR&HEALTH OFFICER _ Gayle B.Uillcema,2'"District N;-- Yom. 50 DOUGLAS DRIvE,SUITE 310-A :a. Mary N.Piepho,Td District Martinez,California 94553 - - Mark DeSaulnier,4d'District Ph(925)957-5403 Federal D.Glover,5d'District (925)957-5409 CONTRA COSTA- COUNTY ADMINISTRATOR HEALTH SERVICES John R.Cullen Exhibit G — Campus Safety Within 60 days of the ratification of this MOU, the County's safety consultant will notify PDOCC to schedule a meeting to consult with PDOCC members regarding safety concerns, ideas and suggestions for ensuring a safe work environment in County facilities and clinics. PDOCC Unit members will be released from their duties as appropriate to meet with the consultant. Upon completion of the consultant's report, a copy will be provided to PDOCC. Date: q1) FO FfE COU77 FOR THE PDOCC: 1 / -e;���-y._ l .x� ti• •Contra Costa Alcohol and Other Drugs Services•Contra Costa Emergency Medical Services•Contra Costa Environmental Health.Contra Costa Health Plan. •ri;�. •Contra Costa Hazardous Materials Programs•Contra Costa Mental Health•Contra Costa Public Health•Contra Costa Regional Medical Center.Contra Costa Health Centers EXHIBIT H Tentative Agreennent LABOR PROPOSAL NO. 21 2005 COALITION NEGOTIATIONS Presented: August 3, 2006 LOCAL #1 MOU LOCAL #1 FACS UNIT MOU AFSCME LOCAL 512 MOU AFSCME LOCAL 2700 MOU WCE MOU PDOCC MOU Incorporate Deep Class and Flexibly Staffed Resolutions For all affected labor organizations, the County shall identify in the MOUs which classes are subject to a Deep Class or Flexibly Staffed Resolution and identify the resolution by number. Date: 3 I'D FOR THE COUNTY: FOR THE COALITION: ......... ............. tall,\ 3 _ 11-x,(/ Page 1 Df 1 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND WESTERN COUNCIL OF ENGINEERS OCTOBER 1 , 2005 - SEPTEMBER 30, 2008 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND WESTERN COUNCIL OF ENGINEERS This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of Board of Supervisors' Resolution 81/1165 and has been jointly prepared by the parties. The Employee Relations Officer (County Administrator) is the representative of Contra Costa County in employer-employee relations matters as provided in Board of Supervisors' Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Council is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. This MOU shall be presented to the Contra Costa County Board of Supervisors, as the governing board of the County and appropriate fire districts, as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1, 2005 and ending September 30, 2008. Special provisions and restrictions pertaining to Project employees covered by this MOU are contained in Attachment A which is attached hereto and made a part hereof. DEFINITIONS Appointing Authority: Department Head unless otherwise provided by statute or ordinance. Class: A group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group. Class Title: The designation given to a class, to each position allocated to the class, and to the employees allocated to the class. Council: Western Council of Engineers Coun : Contra Costa County. Demotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is lower than the top step of the class which the employee formerly occupied except as provided for under Transfer or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classifications. Director of Human Resources: The person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. DEFINITIONS Eligible: Any person whose name is•on an employment or reemployment or layoff list for a given classification. Employee: A person who is an incumbent of! a position 'or who is on leave of absence in accordance with provisions of this MOU and whose position is held pending his/her return. Employment List: A list of persons, who have been found qualified for employment in a specific class. Layoff List: A list of persons who have occupied positions allocated to a class in the Merit System and who have been involuntarily separated by layoff, displacement, or demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement, or. have voluntarily transferred in lieu of layoff or displacement. Permanent-Intermittent Position: Any position which requires the services'of an incumbent for an indefinite period but on an intermittent basis, as needed, paid on an hourly basis. Permanent Part-Time Position: Any position which will require the services of an incumbent for an indefinite period but on a regularly scheduled less than full time basis. Permanent Position: Any position which has required, or which will require the services of an 'incumbent without interruption, for an indefinite period. Permanent Status: Appointment to a position which must be confirmed 'by, successful completion of the probationary period specified for the class. Proiect Employee: An employee who is engaged in a time limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenues. Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under Transfer or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classes. Position: The assigned duties and responsibilities calling for the regular full time, part-time or intermittent employment of a person. Reallocation: The act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five percent (5%) of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. Reclassification: The act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such position. Reemployment List: A 'list of persons, who have`occupied positions allocated to any class in the merit system and, who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. Resignation: The voluntary termination of permanent service with the.County. WCE -2- 2005-2008 MOU SECTION 1 - COUNCIL RECOGNITION Temporary Employment: Any employment in the merit system which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. Transfer: The change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on the salary plan that is within five percent (5%) at top step as the class previously occupied by the employee. SECTION 1 -COUNCIL RECOGNITION The Council is formally recognized as the exclusive representative for the employees assigned to the Professional Engineer Unit and has been certified as such pursuant to Board Resolution 81/1165. SECTION 2 - COUNCIL SECURITY 2.1 Dues Deduction. Pursuant to Chapter 34-26 of Board Resolution 81/1165 only a majority representative may have dues deduction and as such the Council has the exclusive privilege of dues deduction for all members in its units. 2.2 Agency Shop. A. The Council agrees that it has a duty to provide fair and non-discriminatory representation to all employees in all classes in the unit for which this section is applicable regardless of whether they are members of the Council. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1. Become and remain a member of the Council or; 2. Pay to the Council, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of the Council to determine an agency shop fee which meets the above criteria; or 3. Do both of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. Pay a sum equal to the agency shop fee described in Section 2.2.13.2 to a non-religious, non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. C. The Council shall provide the County with a copy of the Council's Hudson Procedure for the determination and protest of its agency shop fees. The County WCE -3 - 2005-2008 MOU SECTION 2 - COUNCIL SECURITY shall provide a copy of the Council's Hudson.Procedure to every employee hired into a class represented by the Council after the effective date of this MOU. The Council shall provide a copy of said Hudson Procedure to every,fee payer covered by this MOU within one (1) month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by an employee to invoke the Council's Hudson Procedure within one (1) month after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee. D. The provisions of Section 2.2.13.2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit..The term separation includes transfer out of the unit, layoff and leave of absence with `a duration of more than thirty (30) days. E. The Council shall provide the Director of Human Resources:with copies of a financial report patterned after Form LM-2 pursuant to the Labor Management Disclosure Act of 1959. Such report shall be available to employees in the unit. Failure,to file such a report not later than June 1 of each calendar year shall result in,the termination of all agency fee deductions without.jeopardy to any employee, until said report is filed. F. Compliance. 1. An employee employed.in or hired into ..a job class represented by the Council shall be provided with an "Employee Authorization for Payroll Deduction"form by the Human Resources Department. 2. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and the Council's Hudson Procedure and the .Council dues, agency shop fee, initiation fee or charitable contribution required under Section 2.2.13.3 are not received, and the employee has not timely invoked the Council's Hudson Procedure, or if invoked, the employee's Hudson Procedure rights have been exhausted, the Council may, in writing, direct that the County withhold the agency shop fee and`the initiation fee from the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Council. G. The Council shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, judgments, or other forms of liability that arise out of or by reason of this Council security section or action taken or not taken by the County under this Section. This includes, but is not limited to, the County's Attorneys' fees and costs. The provisions of this subsection shall not be subject to the grievance procedure. H.. The County Human Resources Department shall monthly furnish a list of all new hires to the Council. :I. In the event that employees in a bargaining unit represented by the Council vote to rescind Agency Shop, the provisions of Sections 2.3 and 2.4 shall apply to dues-paying members of the Council. WCE -4- 2005-2008 MOU SECTION 2 - COUNCIL SECURITY 2.3 Maintenance of Membership. All employees who are currently paying dues to the Council and all employees in that unit who hereafter become members of the Council shall as a condition of continued employment pay dues to the Council for the duration of this MOU and each year.thereafter so long as the Council continues to represent the class to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.5. 2.4 Council Dues Form. Employees hired into classifications assigned in bargaining units cited in Section 2.3 above shall, as a condition of employment at the time of employment, complete a Council dues authorization form provided by the Council and shall have deducted from their paychecks the membership dues of the Council. Said employee shall have thirty (30) days from the date of hire to decide if he/she does not want to become a member of the Council. :Such decision not to become a member of the Council must be made in writing to the Auditor- Controller with a copy to the Labor Relations Division within said thirty (30) day period. If the employee decides not to become a member of the Council, any Council dues previously deducted from the employee's paycheck shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to the Council. If the employee does not notify the County in writing of the decision not to become a member within the thirty (30) day period, he/she shall be deemed to have voluntarily agreed to pay the dues of the Council. Each such dues authorization form referenced above shall include a statement that the Council and the County have entered into a MOU, that the employee is required to authorize payroll deductions of Union dues as a condition of employment, and that such authorization may be revoked within the first thirty (30) days of employment upon proper written notice by the employee within said thirty (30) day period as set forth above. Each such employee shall, upon completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his or her right to revoke said authorization. 2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Office in writing, between August 1, 2005 and August 31, 2005, any employee may withdraw from Council membership and discontinue paying dues as of the payroll period commencing September 1, 2005, discontinuance of dues payments to then be reflected in the October 10th paycheck. Immediately upon the close of the above-mentioned thirty (30) day period the Auditor-Controller shall submit to the Council a list of the employees who have rescinded their authorization for dues deduction., 2.6 Communicating With Employees. The Council shall be allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of offices in:which there are employees represented by the Council, provided the communications displayed have to do with official organization business such as times and places of meetings,and further provided that the employee organization appropriately posts and removes the information. The Department Head reserves the right to remove objectionable materials after notification to and discussion with the Council. Representatives of the Council, not on County time, shall be permitted to place a supply of employee literature at specific locations in County buildings if arranged through the Labor Relations Manager; said representatives may distribute employee organization literature in work areas (except work areas not open to the public) if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on duty employees. WCE -5- 2005-2008 MOU SECTION 2 - COUNCIL SECURITY The Council shall.be allowed access to work locations in which it represents employees for the following purposes: a. to post literature on bulletin boards; b. to arrangefor use of a meeting room; C. to leave and/or distribute a supply of literature as indicated above; d. to represent an employee on a grievance, and/or to contact a council officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason for the visit, will be made with the departmental representative in charge of the work area, and the visit will not interfere with County services. 2.7 Use of County Buildings. The Council shall be allowed the use of areas normally used for meeting purposes for meetings of County employees during non-work hours when: a. Such space is available and its use by the Council is scheduled twenty-four (24) hours in advance; b. There is no additional cost to the County; G. It does not.interfere with normal County operations; d. Employees in attendance are not on duty and are not scheduled for duty; e. The meetings are on matters within the scope of representation. The administrative.official responsible for the space shall establish and maintain scheduling of such uses. The Council shall maintain.proper order at the.meeting, and see that the space is left in a clean and orderly condition: The use of County equipment (other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even though.it may be present in the meeting area. 2.8 Advance Notice. The Council shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation, directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions designated.by the Board, and to meet with the body considering the matter. . . The listing of an item on a public agenda or the mailing of a:copy of a proposal at least seventy- two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four (24) hours before the item will be heard, shall constitute notice. In cases of emergency when.the Board, or boards and commissions designated by the Board determines it must act immediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical after its action. 2.9 Written Statement for New Employees. The County will provide a written statement to each new employee hired into a classification in any of the bargaining units represented by the Council, that the employee's classification is represented by the Council and the name of a WCE -6- 2005-2008 MOU SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA) the County providing this information to the Council. The County shall provide an opportunity for the Council to make a fifteen (15) minute presentation at the end of the Human Resources Department's new employee orientation meetings. 2.10 Distribution of Materials. The Council may distribute materials to designated Council representatives through the County distribution channels if approved by the Human Resources Director or his designee. The decision of the Human Resources Director is final and not subject to the grievance procedure. This privilege may be revoked in the event of abuse after the Human Resources Director consults with the Council. 2.11 Section 11 of 1977-79 MOU. Section 11 of the 1977-1979 MOU between the County and Western Council of Engineers shall be continued for the duration of this MOU. SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT(ADA) There shall be no discrimination because of race, creed, color, national origin, sexual orientation or Council activities against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established for the position or from carrying out the duties of the position safely or in a manner that does not endanger the health of such person. There shall be no discrimination because of Union membership or legitimate union activity against any employee or applicant for employment by the County or anyone employed by the County. The County and the Council recognize that the County has an obligation to reasonably accommodate disabled employees. If by reason of the aforesaid requirement the County contemplates actions to provide reasonable accommodation to an individual employee in compliance with the ADA which are in conflict with any provision of this MOU, the Council will be advised of such proposed accommodation. Upon request, the County will meet and confer with the Council on the impact of such accommodation. If the County and the Council do not reach agreement, the County may implement the accommodation if required by law without further negotiations. Nothing in this MOU shall preclude the County from taking actions necessary to comply with the requirements of the ADA. SECTION 4 -OFFICIAL COUNCIL REPRESENTATIVES 4.1 Attendance at Meetings. Employees designated as official council represen- tatives shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: a. If their attendance is required by the County at a specific meeting; b. If their attendance is sought by a hearing body or presentation of testimony or other reasons; c. If their attendance is required for meetings scheduled at reasonable times agreeable to all parties, required for settlement of grievances filed pursuant to Section 24 - Grievance Procedure of this MOU. d. If they are designated as a Council representative in which case they may utilize a reasonable time at each level of the proceedings to' assist an employee to present a grievance, provided the meetings are scheduled at reasonable times agreeable to all parties. WCE .7- 2005-2008 MOU SECTION 5 - SALARIES e. If they are designated as spokesperson or representative of the Council and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's work station or assignment are made with the 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 Council Representatives. Official representatives of the Council shall be allowed time off on County time for meetings during regular..working hours when formally meeting 'and conferring in good faith or consulting with the Labor Relations Manager or other management representatives on matters within the scope of representation, provided that the number of such representatives shall not exceed two (2) without prior approval of the Labor Relations Manager, and that advance arrangements for the time away,from the work station or assignment are made with the appropriate Department Head. SECTION 5 -SALARIES 5.1 General Wage Increases: A. The following wage increase schedule shall apply to all employees represented by Western Council of Engineers: July 1, 2007 2% increase July 1, 2008 2% increase Employees who did not receive a negotiated wage increase during FY 05/06 and were employed on January 1, 2006 and are currently employed upon adoption of the MOU by the Board of Supervisors, will receive a one time payment of$1500 prorated for permanent part-time, permanent intermittent, and temporary employees. The proration will be based on $.72/hour for each straight time hour worked or in paid status during the period July f, 2005 to June'30, 2006. Payment of this one-time lump sum payment will be made on the November 10, 2006 paycheck. B. Longevity Pay. Effective July 1, 2008, employees at ten (10)years of County service shall be eligible to receive a two and one-half percent (2.5%) longevity pay differential. 5.2 Entrance Salary. New employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range. 5.3 Anniversary Dates. Except as may otherwise be provided for in deep class resolutions, anniversary dates will be set as follows: a. New Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee successfully completes six (6) months service provided however, if an employee began work on the first regularly scheduled workday of the month the anniversary date is the first day of the calendar month when the employee successfully completes six (6) months service. b. Promotions. The anniversary date of,a promoted employee is determined as for a new employee in Subsection 5.2.a. above. WCE -8.- 2005-2008 MOU SECTION 5 - SALARIES C. Demotions. The anniversary of a demoted employee is the first day of the calendar month after the calendar month when the demotion was effective. d. Transfer. Reallocation and Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary range or to a salary range which is within five percent (5%) of the top�step of the previous classification, remains unchanged.. e. Reemployments. The anniversary of an employee appointed from a reemployment list to the first step of the applicable salary range and not required to serve a probation period is determined in the same way as the anniversary date is determined for a new employee who is appointed the same date, classification and step and who then successfully completes the required probationary period. f. Notwithstanding other provisions of this Section 5, the anniversary of an employee who is appointed to a classified position from outside the County's merit system at a rate above the minimum salary for the employee's new class, or who is transferred from another governmental entity to this County's merit system, is one (1) year from the first year 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 anniversary is one (1) year after the first calendar day of that month. 5.4 Increments Within Range. The performance of each employee, except those of employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5.4 to determine whether the salary of the employee shall be advanced to the next higher step in the salary range. Advancement shall be granted on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend denial of the increment or denial subject to one additional review at some specified date before the next anniversary (which must be set at the time the original report is returned). Except as herein provided, increments within range shall not be granted more frequently than once a year, nor shall more than one (1) step within-range increment be granted at one time, except as otherwise provided in deep-class resolutions. In case an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review at some date before the next anniversary the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the County. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary in the same ratio to the full time monthly rate to which the employee would be entitled as a full time employee under the provisions of this Section 5 as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the full time work schedule of the department. •5.6 Compensation for Portion of Month. Any employee who works less than any full calendar month, except when on authorized paid leave, shall receive as compensation for WCE -9- 2005-2008 MOU SECTION 5 - SALARIES services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular,month; but if the employment is intermittent, compensation shall be on an hourly basis. 5.7 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule as is the class of the position before it was reclassified, shall be paid at the same step of the range as the employee received under the previous classification. An incumbent of a position which is reclassified to a class which is allocated to a lower range of the , basic salary. schedule shall continue to receive the same salary as. before the reclassification, but if such salary, is greater than the maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater than the range of the class of the position before it was reclassified shall be governed by the provisions of Section 5.9 - Salary on Promotion. 5.8 Salary Reallocation & Salary on Reallocation. A. In a general salary increase or decrease, an employee in a class which is reallocated to a salary range above or below that�to which it was previously allocated, when the number of steps remain the same, shall be compensated at the same step in the new salary range the employee was receiving in the range to which the class was previously allocated. If the reallocation is from one salary range.with more steps to a range with fewer steps or vice versa, the employee shall be compensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before reallocation to the top -step of the old range, but in no case shall any employee be compensated at less than the, first step of the range to which the class is allocated. B. In the event that a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the,salary schedule, apart from the general salary increase or decrease described in 5.8.A. above, each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. In the event that the steps in the new range do not contain the same rates as the old range, each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range, or if the new,range does not contain a higher step, at the step which is next lower than the salary received in the old range. C. In the event an employee is in a position which is reallocated to a different class which is allocated,to a salary range the same as above or below the salary range of the employee's previous class, the incumbent shall be-placed at the step in the new class which equals the rate of pay received before reallocation. In the event that the steps in the range for the new class do not contain the same rates as the. range for the old class, the incumbent shall be placed at the step of the new range which is next above the salary rate received in;,the old range; or if the new range.does not contain a higher step, the incumbent shall be placed.at the step which is next lower than the salary received in the old range. D.. In the event of reallocation to a deep class, the provisions of the deep class resolution and incumbent salary allocations, if any, shall supersede Section 5.8. WCE -10- 2005-2008 MOU SECTION 5 - SALARIES 5.9 Salary on Promotion. Any employee who is appointed to a position of a class allocated to a higher salary range than the class previously occupied, except as provided under Section 5.13, shall receive the salary in the new salary range which is next higher than the rate received before promotion. In the event this increase is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is at least five percent (5%) greater than the next higher step; provided, however, that the next step shall not exceed the maximum salary for the higher class. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in a decrease in which case the employee is appointed to the next higher step. If however, the employee is being appointed into a class allocated to a higher salary range than the class from which the employee was laid off, the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee's current step, whichever is higher. 5.10 Salary on Appointment From a Layoff List. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in an increase of less than five percent (5%), in which case the salary shall be adjusted to the step in the new range which is five percent (5%) greater than the next higher step, if the new range permits such adjustment. 5.11 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.13, shall have his/her salary reduced to the monthly salary step in the range for the class of position to which he has been demoted next lower than the salary received before demotion. In the event this decrease is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided however, that the next step shall not be less than the minimum salary for the lower class. Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted 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. 5.12 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a position in a class having a salary schedule lower than that of the class from which he or she demotes, his or her salary shall remain the same if the steps in his or her new (demoted) salary range permit, and if not, new salary shall be set at the step next below former salary. 5.13 Transfer. An employee who is transferred from one position to another as described under"Transfer' shall be placed at the step in the salary range of the new class which equals the rate of pay received before the transfer. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the employee shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the employee shall be placed at the step which is next lower than the salary received in the old range. Whenever a permanent employee transfers to or from a deep class, as provided in the appropriate deep class resolutions, the salary of the employee shall be set as provided in the deep class resolutions at a step not to exceed a five percent (5%) increase in the employee's base salary. However, if the deep class transfer occurs to or from a deep class with specified levels identified for certain positions and their incumbents, the employee's salary in the new class shall be set in WCE -11 - 2005-2008 MOU SECTION 5 - SALARIES accordance with the section on "Salary on Promotion" if the employee is transferring to another class or to a level in a deep class for which the.salary is at least five percent (5%) above the top base step of the deep class level or class in which they have status currently. 5.14 Pay for Work in Higher Classification. When an employee in a permanent position in the merit system is required to work in a classification for which the compensation is greater than that to which the employee is regularly assigned, the employee shall receive compensation for such work at the rate of pay established for the higher classification pursuant to Section 5.9 - Salary on Promotion of the MOU. Effective with the ratification of this MOU, pay for work in a higher classification will commence at the start of the second full day in the assignment, under the following conditions. Payment shall be made retroactive after completing the first forty (40) consecutive hours worked in the higher classification. a. The employee is assigned to a program service, or activity established by the Board of Supervisors which is reflected in an authorized position which has been classified and assigned to the Salary Schedule. b. The nature of the departmental assignment is such that the employee in the lower classification for the duties performs a majority of the duties and responsibilities of the position of the higher classification. C. Employee selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. d. The County shall make reasonable efforts to offer out of class assignments to all interested employees on a voluntary basis. Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures provided in this MOU. e. Higher pay assignments shall not exceed six (6) months except through reauthorization. f. If approval is granted for pay for work in a higher classification and the assignment is terminated and later re-approved for the,same employee within one hundred eighty (180) days, no additional waiting period will be required. g. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential and hazardous duty differential) accruing to the employee in his/her permanent position shall continue. h.. During the period of work for higher pay in a higher classification, an employee will retain his/her permanent classification, and anniversary and salary review dates will be determined by time in that classification; except that if the period of work for higher pay in a higher classification exceeds one year continuous employment, the employee, upon satisfactory performance in the higher classification, shall be eligible for a salary review in that class on his/her next anniversary date. Notwithstanding any other salary regulations, the salary step placement of employees appointed to the higher class immediately following termination of the assignment, shall remain unchanged. i. Allowable overtime pay, shift differentials and/or work location differentials will be paid on the basis of the rate of pay for the higher class. 5.15 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the WCE -12- 2005-2008 MOU SECTION 6 - DAYS AND HOURS OF WORK preceding month; provided, however, that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his/her warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3) or less, at the employee's option, of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. The election to receive an advance shall be made on or before April 30 or October 31 of each year or during the first month of employment by filing on forms prepared by the Auditor-Controller a notice of election to receive salary advance. Each election shall become effective on the first day of the month following the deadline for filing the notice and shall remain effective until revoked. In the case of an election made pursuant to this Section 5.15 all required or requested deductions from salary shall be taken from the second installment, which is payable on the tenth (10th) day of the following month. 6.16 Pay Warrant Errors. If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and holidays from the time the Department is made aware of and verifies that the pay warrant is in error. Pay errors found in employee pay shall be corrected as soon as possible as to current pay rate but that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the six (6) month period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the appointing authority or designee, the Director of Human Resources or designee, or the Auditor- Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. ' O SECTION 6 - DAYS AND HOURS OF WORK 6_1 Days and Hours of Work. The normal work week of County employees is forty (40) hours between 12:01 a.m. Monday to 12:00 midnight Sunday, usually five (5) eight (8) hour days; however, where operational requirements of a department require deviations from the usual pattern of five (5) eight (8) hour days per work week, an employee's work hours may be scheduled to meet these requirements. The Department Head shall prepare written schedules in advance to support all deviations, including the complete operational cycle contemplated. The work week for employees in the 4/10 shift is four (4) ten (10) hour working days during a work week consisting of any seven (7) day period. If the County wants to eliminate any existing 4/10 shift and substitute a 5/8 shift or to institute a 4/10 shift which does not allow for three (3) consecutive days off (excluding overtime days or a change of shift assignment), it will meet and confer with the Union prior to implementing said new shift. 6_2 Work Schedule Re-Opener. The parties agree to reopen the work schedule provisions of the Memorandum of Understanding for the purpose of ensuring consistent practices among the departments and compliance with appropriate regulatory requirements. Any changes to the MOU and/or past practice except those necessitated by legal requirements shall be subject to agreement by both parties. If the County believes a change is necessitated WCE -13- 2005-2008 MOU SECTION 7 - OVERTIME & COMPENSATORY TIME by legal requirements, it shall notify the_Union of the change.and the legal basis thereof. The County shall offer to meet with the'Union before the County implements such change' SECTION 7 -OVERTIME & COMPENSATORY TIME 7.1 Overtime. .Overtime is any authorized work..performed in excess of forty (40) hours per week or eight (8) hours per day. Overtime for 4/10 shift employees. is any work performed beyond ten (10) hours per day or forty (40) hours per week. All overtime shall be compensated for at the rate of one and one-half (1-1/2) times the employee's base rate of pay (not including shift and other special differentials). - Overtime for permanent employees is earned and credited in a minimum of one-half(1/2) hour increments and is compensated by either pay or compensatory time off. Employees entitled to overtime credit for holidays in positions which work around the clock shall be provided a choice as to whether they shall be paid at the overtime rate or shall receive compensatory time off at the rate of one and one-half (1 1/2) hours compensatory time off for each hour worked. Such compensatory time off, and the accumulation thereof shall be in addition to the total vacation accumulation permitted under the terms of this MOU. The specific provision of this accumulation are set forth in Section 12.6 —Accrual of Holiday Time & Credit of this MOU. Regular overtime for twenty-four (24) hour institutional employees may be accrued as compensatory time in accordance with Section 7.2 of this MOU. 7.2 Compensatory Time. The following provisions shall apply: a. Employees may periodically elect to .accrue compensatory time. off in lieu of overtime pay. Employees shall make a choice, which will remain in effect for a period of one fiscal year July 1 - June 30. Eligible employees must notify their Department Head .or his/her designee of their,intention to accrue compensatory time off at least seven (7) calendar days prior to July 1 of each year. b. The names of those employees electing to accrue compensatory time off shall be placed on a list.maintained by,the department: Employees who'become eligible (i.e., newly hired employees, .,employees promoting, demoting, , etc.) for compensatory time off in accordance with these guidelines,after the list has been compiled, will be paid for authorized overtime hours worked until the preparation of the next annual list, unless such employees specifically request in writing-to the° Department Head or his designee that they be placed on the list currently in effect. C. Compensatory time off shall be accrued at the rate of one and one-half (1-1/2) times the actual authorized overtime hours worked by the employee. d. Employees may,not accrue a compensatory time off balance that exceeds one hundred twenty (120) hours. Once a one hundred twenty (120) hour balance has been attained, authorized overtime hours will be paid at the overtime rate. If the employee's balance falls below one hundred twenty (120) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked until the employee's balance again reaches one hundred twenty (120).hours. e. Accrued compensatory time off shall be carried over for use in the next fiscal year; however, as provided in D. above, accrued compensatory time off balances may not exceed one hundred twenty (120) hours. f. The use of accrued compensatory time off shall be by mutual agreement between the Department Head or his designee.and the employee..Compensatory time off WCE -14- 2005-2008 MOU shall not be taken when the employee should be replaced by another employee who would be eligible to receive, for time worked, either overtime payment or compensatory time accruals as provided for in this Section. This provision may be waived at the discretion of the Department Head or his or her designee. g. When an employee promotes, demotes or transfers from one classification eligible for compensatory time off to another classification eligible for compensatory time off within the same department, the employee's accrued compensatory time off balance will be carried forward with the employee. h. Compensatory time accrual balances will be paid off when an employee moves from one department to another through promotion, demotion or transfer. Said payoff will be made in accordance with the provisions and salary of the class from which the employee is promoting, demoting or transferring as set forth in i. below. i. Since employees accrue compensatory time off at the rate of one and one-half (1-1/2) hours for each hour of authorized overtime worked, accrued compensatory time balances will be paid off at the straight time rate (two-thirds (2/3) the overtime rate) for the employee's current salary whenever: 1. the employee changes status and is no longer eligible for compensatory time off; 2. the employee promotes, demotes or transfers to another department; 3. the employee separates from County service; 4. the employee retires. j. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this Section. 7.3 Fair Labor Standards Act Provisions. The Fair Labor Standards Act as amended, may govern certain terms and conditions of the employment of employees covered by this MOU. It is anticipated that compliance with the Act may require changes in some of the County policies and practices currently in effect or agreed upon. It is determined by the County that certain working conditions, including but not limited to work schedules, hours of work, method of computing overtime, overtime pay, and compensatory time off entitlements or use, must be changed to conform with the Fair Labor Standards Act, such terms and conditions of employment shall not be controlled by this MOU but shall be subject to modification by the County to conform to the Federal Law without further meeting and conferring. The County shall notify the Union (employee organizations) and will meet and confer with said organization regarding the implementation of such modifications. SECTION 8 -CALL-BACK TIME Any employee who is called back to duty shall be paid at the appropriate rate for the actual time worked plus one (1) hour. Such employee called back shall be paid a minimum of two (2) hours at the appropriate rate for each call back. SECTION 9 -ON-CALL DUTY On-call duty is any time other than time when the employee is actually on duty during which an employee is 'not required to be on County premises but stand ready to immediately report for duty and must arrange so that his/her superior can reach him/her on ten (10) minutes notice or WCE _15- 2005-2008 MOU SECTION 10 - SHIFT DIFFERENTIAL less. An employee assigned to on-call time shall be paid one (1) hour of straight time credit for each four (4) hours on such on-call time unless otherwise provided in the supplemental sections of this Agreement. Where on-call arrangements exist, the appointing authority shall designate which employees are on-call unless otherwise provided in the supplemental sections of this Agreement. SECTION 10 - SHIFT DIFFERENTIAL In the hours which qualify for shift differential, employees shall receive five percent (5%) above their base salary rate. To qualify for shift differential, an employee must have a regularly assigned daily work schedule which requires: a. Completion of more than one and one-half (1=1/2) hours over the normal actual working time; or b. At least four (4) hours of actual working time from 5:00 p.m. through 9:00 a.m. inclusive. However, employees who have been regularly working a shift qualifying for shift differential immediately preceding the commencement of a vacation, paid sick leave period, paid disability or other paid leave, will have shift differential included in computing the pay for their leave. The paid leave of an employee who is on a rotating shift schedule shall include the shift differential that would have been received had the employee worked the shift for which the employee was scheduled during such period. Shift differential shall only be paid during paid sick leave and paid disability as provided above for the first thirty (30) calendar days of each absence. SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT 11.1 Workforce Reduction. In the event that funding reductions or shortfalls in funding occur in a department or are expected, which may result in layoffs, the department will notify the union and take the following actions: a. Identify the classifications) in which position reductions may be required due to funding reductions or shortfalls. b. Advise employees-in those classifications that position reductions may occur in their classifications. C. Accept voluntary leaves of absence from employees .in those classifications which do not appear to be potentially impacted by possible position reductions when such leaves can be accommodated by the department. d. Consider employee requests to reduce their position hours from full time to part time to alleviate the impact of the potential layoffs. e. Approve requests. for reduction in hours, lateral transfers, and voluntary demotions to vacant, funded positions in classes not scheduled for layoffs within the department, as well as to other departments. not experiencing funding reductions or shortfalls when it is a viable operational alternative for the department(s). f. Review various alternatives which will help mitigate the impact of the layoff by working through the Tactical Employment Team (TET) program to: WCE -16- 2005-2008 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT 1. Maintain an employee skills inventory bank to be used as a basis for referrals to other employment opportunities. 2. Determine if there are other positions to which employees may be transferred. 3. Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. 4. Establish workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. g. When it appears to the Department Head and/or Labor Relations Manager that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit, the Labor Relations Manager shall notify the Council of the possibility of such layoffs and shall meet and confer with the Council regarding the implementation of the action. 11.2 Separation Through Layoff A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the merit service may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). B. Order of Layoff. The order of layoff in a department shall be based on inverse seniority in the class of positions, the employee in that department with least seniority being laid off first and so on. C. Layoff By Displacement. 1. In the Same Class. A laid off permanent full time employee may displace an employee in the department having less seniority in the same class who occupies a permanent-intermittent or permanent part-time position, the least senior employee being displaced first. 2. In the Same Level or Lower Class. A laid off or displaced employee who had achieved permanent status in a class at the same or lower salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class of an employee having less seniority; the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. D. Particular Rules on Displacing: 1. Permanent-intermittent and permanent part-time employees may displace only employees holding permanent positions of the same type respectively. 2. A permanent full time employee may displace any intermittent or part-time employee with less seniority 1) in the same class or, 2) in a class of the same or lower salary level if no full time employee in a class at the same or lower salary level has less seniority than the displacing employees. WCE -17- 2005-2008 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION;,LAYOFF & REASSIGNMENT 3. Former permanent full time employees who have voluntarily become permanent part-time employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Director of Human Resources or designee retain their permanent full time employee seniority rights for layoff purposes only and may in a later layoff displace a full time employee with less seniority as provided in these rules. E. Seniority. An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salary schedule in effect at the time of layoff. Employees reallocated or transferred without examination from one class to another class having a salary within five percent (5%) of the former class, as provided in Section 305.2, shall carry the seniority accrued in the former class into the new class. Employees reallocated to a new deep class upon its initiation or otherwise reallocated to a deep class because the duties of the position occupied are appropriately described in the deep class shall carry into the deep class the seniority accrued or carried forward in the former class and seniority accrued in other classes which have been included in the deep class. Service for layoff and displacement purposes includes only the employee's last continuous permanent County employment. Periods of separation may not be bridged to extend such service unless the separation is a result of layoff in which case bridging will be authorized if the employee is reemployed in a permanent position within the period of layoff eligibility. Approved leaves of absence as provided for in these rules and regulations shall not constitute a period of separation.. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous permanent County employment. If there remain ties in seniority rights, such ties shall be broken by counting total time in the department in permanent employment. Any remaining ties shall be broken by random selection among the employees involved. F. Eligibility for Layoff List. Whenever any person who has permanent status is laid off, has been displaced, has been demoted by displacement or has voluntarily demoted in lieu of layoff or displacement, or has transferred in lieu of layoff or displacement, the person's name shall be placed on the layoff list for the class of positions from which that person-has been removed. G. Order of Names on Lavoff. 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 Jisted in order of layoff seniority in the class from which laid off, displaced, demoted or transferred on the date of layoff, the most senior person listed first. In case of ties in seniority, the seniority rules shall apply except that where there is a class seniority tie between persons laid off from different departments, the tie(s) shall be broken by length of last continuous permanent County employment with remaining ties broken by random selection among the employees involved. H. Duration of Layoff and Reemployment Rights. The name of any person granted reemployment privileges shall continue on the appropriate list for a period of two WCE -18- 2005-2008 MOU SEC-TION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT (2) years. Persons placed on layoff lists shall continue on the appropriate list for a period of four(4) years. I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or displacement or transferred in lieu of layoff or displacement. When a request for personnel is received from the appointing authority of a department from which an eligible(s) was laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list from the department. When a request for personnel is received from a department from which an eligible(s) was not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period. A person employed from a layoff list shall be appointed at the same step of the salary range the employee held on the day of layoff. J. Removal of Names from Reemployment & Layoff Lists. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff list for any reason listed below: 1. For any cause stipulated in Section 404.1 of the Personnel Management Regulations. 2. On evidence that the eligible cannot be located by postal authorities. 3. On receipt of a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for appointment in the class. 4. If three (3) offers of permanent appointment to the class for which the eligible list was established have been declined by the eligible. 5. If the eligible fails to respond to the. Director of Human Resources or the appointing authority within ten (10) days to written notice of certification mailed to the person's last known address. 6. If the person on the reemployment or layoff list,is appointed to another position in the same or lower classification, the name of the person shall be removed. 7. However, if the first permanent appointment of a person on a layoff list is to a lower class which has a top step salary lower than the top step of the class from which the person was laid off, the name of the person shall not be removed from the layoff list. Any subsequent appointment of such person from the layoff list shall result in removal of that person's name. K. Removal of Names from Reemployment and Layoff Certifications. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff certification if the eligible fails to respond within five (5) days to a written notice of certification mailed to the person's last known address. 11.3 Notice. The County agrees to give employees scheduled for layoff at least ten (10) work days notice prior to their last day of employment. WCE -19- 2005-2008 MOU SECTION 12 - HOLIDAYS 11.4 Special Employment Lists. The County will establish a Tactical Employment Team (TET) employment pool which will include the names of all laid off County employees. Special employment lists for job classes may be established from the pool. Persons placed on a special employment list must meet the minimum qualifications for the class. An appointment from such a list will notaffect the individual's status on a layoff list(s). Employees in the TET employment pool shall be guaranteed a job interview for any vacant funded position for which they meet the minimum qualifications. If there are more than five such employees who express an interest for one vacant funded position, the five most senior employees shall be interviewed. Seniority for this subsection shall be County seniority. 11.5 Reassignment of Laid Off Employees. Employees who displaced within the same classification from full time to part-time or intermittent status in a layoff,'or who voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a position of another status than that from which they were laid off upon referral from the layoff list, may request reassignment back to their pre-layoff status (full time or part-time or increased hours). The request must be in writing in accord with each department's reassignment bid or selection process. Employees will be advised of the reassignment procedure to be followed to obtain reassignment back to their former status at the time of the workforce reduction. The most senior laid off employee in this status who requests such a reassignment will be selected for the vacancy; except when a more senior laid off individual remains on the layoff list and has not been appointed back to the class from which laid off, a referral from the layoff list will be made to fill the vacancy. 11.6 Further Study. The County agrees to meet with the Labor Coalition for study of the concept of employee's waiver of displacement rights in a layoff. SECTION 12 - HOLIDAYS 12.1 Holidays Observed'. The County will observe the following holidays: A. January 1 st, known as New Year's Day Third Monday in January known as Dr. Martin Luther King, Jr. Day Third Monday in February, known as Presidents' Day The last Monday in May, known as Memorial Day July 4th known as Independence Day First Monday in September, known as Labor Day November 11th, known as Veterans Day Fourth Thursday in November, known as Thanksgiving Day The Friday after Thanksgiving Day December 25th, known as Christmas Day Such other days as the Board of Supervisors may by resolution designate as holidays. B. Each full time employee shall accrue two (2) hours of personal holiday credit per month. Such personal holiday time may be taken in increments of one-tenth (1/10) hour, and, preference of personal holidays shall be given to. employees according to their seniority in their department as reasonably as possible. No employee may accrue more than forty (40) hours of personal holiday credit beginning January 1, 1988. On separation from County service, an employee shall be paid for any unused personal holiday credits at the employee's then current pay rate. WCE -20- 2005-2008 MOU SECTION 12 - HOLIDAYS 12.2 Application of Holiday Credit. The following provisions indicate how holiday credit is to be applied: a. Employees on the five (5) day Monday through Friday work schedule shall be entitled to a holiday whenever a holiday is observed pursuant to the schedule cited above. b. Employees on a work schedule other than Monday through Friday shall be entitled to credit for any holiday, whether worked or not, observed by employees on the regular schedule. C. For all employees, if a work day falls on a scheduled holiday they shall receive overtime pay or equivalent compensatory time credit (holiday credit) for working the holiday or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit and unless otherwise provided for in other Sections of this Agreement. d. If any holiday listed in Section 12.1.A. above, falls on a Saturday, it shall be celebrated on the preceding Friday. If any holiday listed in Section 12.1.A. falls on a Sunday, it shall be celebrated on the following Monday. For employees in positions assigned to units or services on a shift operational cycle which includes a Saturday or Sunday as designated by the appointing authority (rather than Monday through Friday eight (8) hours per day or a designated 4/10 or 9/80 schedule) holidays shall be observed on the day on which the holiday falls regardless if it is a Saturday or Sunday. 12.3 Permanent Part-Time Employees. Permanent part-time and permanent- intermittent employees who work on a holiday shall receive overtime pay or compensatory time credit for all hours worked, up to a maximum of eight (8). 12.4 4/10 Shift Holidays. A. Holiday Shift Pav. For all employees, if a work day falls on a scheduled holiday they shall receive overtime pay or equivalent compensatory time credit (holiday credit) for working the holiday for the first eight (8) hours worked, or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit for eight (8) hours. B. Absence on Holiday. The maximum time charged to sick leave, vacation or leave without pay on a holiday shall be two (2) hours. 12.5 9/80 Shift Holidays. A. Holiday Shift Pay. For all employees, if a work day falls on a scheduled holiday, they shall receive overtime pay or equivalent compensatory time credit (holiday credit) for working the holiday for the first eight (8) hours worked; or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit for eight (8) hours. B. Absence on Holiday. The maximum time charged to sick leave, vacation, or leave without pay on a holiday shall be one (1) hour. 12.6 Accrual of Holiday Time & Credit. Employees entitled to holiday credit shall be permitted to elect between pay or compensatory time off in recognition of holidays worked. WCE -21 - 2005-2008 MOU SECTION 13 - VACATION LEAVE The following procedures shall apply to this selection: a. Any person who is eligible and who elects to accrue holiday credit must agree to do so for a full fiscal year (July 1 through June 30) or the remainder thereof. b. Employees starting work after a listof those electing to accrue holiday credit has been submitted to the Auditor and approved will be paid overtime unless they specifically request in writing within seven (7) calendar days to be placed on the holiday credit accrual list. C. Holiday time shall be accrued at the rate specified above to a maximum of eight (8) hours worked by the employee. d. Accrued holiday credit may not be accumulated in excess of two hundred eighty- eight (288) working hours, exclusive of regular vacation accruals. After two hundred eighty-eight (288) hours, holiday time shall be paid at the rates specified above. e. Accrued holiday credit may be taken off at times determined by mutual agreement of the employee and the department head. f. Accrued holiday credit shall be paid off only upon a change in status of the employee such as separation, transfer to another department or reassignment to a permanent-intermittent position. 12.7 Work Leave. Upon Board of Supervisors approval of the MOU, but no later than November 10, 2006, each employee will receive 24 hours of Paid Time Off (PTO) (prorated for -part-time and permanent intermittent employees). If an employee is not granted his/her choice of day off; the. supervisor shall suggest an alternate date. If the employee and supervisor cannot agree on the alternate date, the employee shall observe the day off on the employee's birthday. An employee whose birthday falls on a scheduled day off, may observe the PTO on the scheduled work day immediately preceding or immediately following the employee's birthday. 24/7 shift employees unable to schedule time off will be cashed out for unused time at the end of the agreement. This provision shall automatically terminate upon expiration of the MOU, and except as noted above, an employee will not be allowed to cash out any unused time. 12.8 Holiday Schedule — Re-Opener. The parties agree to reopen the holiday schedule provisions of the Memorandum of Understanding for the purpose of ensuring consistent practices among the departments on holiday scheduling, and compliance with appropriate regulatory requirements. Any changes to the MOU and/or past practice, except those necessitated by legal requirements, shall be subject to agreement by.both parties. If the County believes a change is necessitated by legal requirements, it shall notify the Union of the change and the legal basis thereof. The County shall offer to meet with the Union before the County implements such change. SECTION 13 -VACATION LEAVE 13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour calculated on the same basis as for partial month compensation pursuant to Section 5.6 — Compensation for Portion of Month of this MOU. Vacation credits may not be taken during the first, six (6) calendar months of employment (not necessarily synonymous with probationary status) except where sick leave is WCE -22- 2005-2008 MOU SECTION 14 - SICK LEAVE exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. Vacation may be taken in increments of 1/10 hour. 13.2 Vacation Accrual Rates. The rates at which vacation credits accrue and the maximum accumulation thereof are as follows: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 11 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 Employees in permanent part-time and permanent-intermittent positions shall accrue vacation benefits on a pro rata basis as provided in Section 36-1.006 of Board Resolution 81/1165. 13.3 Bridging of Service. Employees who are rehired and have their service bridged in accordance with the provisions of this MOU shall have their prior service time count toward longevity accrual. 13.4 Accrual During Leave Without Pay. No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 13.5 Vacation Allowance for Separated Employees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 13.6 Preference. Preference of vacation shall be given to employees according to their seniority in their department as reasonably as possible unless otherwise provided in the supplemental sections of this Agreement. 13.7 Vacation Leave on Reemployment from a Layoff List. Employees with six (6) months or more service in a permanent position prior to their layoff, who are employed from a layoff list, shall be considered as having completed six months tenure in a permanent position for the purpose of vacation leave. The appointing authority or designee will advise the Auditor- Controller's Payroll Unit in each case where such vacation is authorized so that appropriate Payroll system override actions can be taken. SECTION 14 - SICK LEAVE 14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by the County and may be used only as authorized; it is not paid time off which employees may use for personal activities. 14.2 Credits To and Charges Against Sick Leave. Sick leave credits accrue at the rate of eight (8) working hours credit for each completed month of service, as prescribed by WCE -23- 2005-2008 MOU SECTION 14 - SICK LEAVE County Salary Regulations. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one-tenth hour (6 minute) increments. Unused sick leave credits accumulate from year to year. When an employee is separated other than through retirement, accumulated sick leave credits shall be canceled, unless the separation results from layoff, in which case the accumulated credits shall be restored if reemployed in a permanent position within the period of lay off eligibility. As of the date of retirement, an employee's accumulated sick leave is converted to retirement on the basis of one day of retirement service credit for each day of accumulated sick leave credit. 14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. The following definitions apply: Immediate Family: Includes only the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece, nephew, father- in-law,, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, foster children, aunt, uncle, cousin, stepbrother, stepsister, or domestic partner of an employee and/or includes any other person for whom the employee is the legal guardian or conservator, or any person who is claimed as a "dependent"for IRS reporting purposes by the employee. Employee: Any person employed by Contra Costa County in an allocated position in the County service. Paid Sick Leave Credits: Sick leave credits provided for by County Salary Regulations and memoranda of understanding. Condition/Reason: With respect to necessary verbal contacts and confirmations which occur between the department and the employee when sick leave is requested or verified, a brief statement in non-technical terms from the employee regarding inability to work due to injury or illness is sufficient. Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: a. _Temporary 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. b. Permanent Disability Sick Leave. Permanent disability means the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which the employee is qualified by reason of education, training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: 1. An application for retirement due to disability has been filed with the Retirement Board. WCE -24- 2005-2008 MOU SECTION 14 - SICK LEAVE 2. Satisfactory medical evidence of such disability is received by the appointing authority within thirty (30) days of the start of use of sick leave for permanent disability. 3. The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. C. Communicable Disease. An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a communicable disease. d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability under the conditions set forth below: 1. Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician anticipates the disability to terminate. 2. If an employee does not apply for leave and the appointing authority believes that the employee is not able to properly perform her work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery therefrom the employee shall be required to undergo a physical examination by a physician selected by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3. Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. e. Medical & Dental Appointments. An employee may use paid sick leave credits: 1. For working time used in keeping medical and dental appointments for the employee's own care; and 2. For working time used by an employee for pre-scheduled medical and dental appointments for an immediate family member. f. Emergency Care of Family. An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. WCE -25- 2005-2008 MOU SECTION 14 - SICK LEAVE g. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family or of the employee's domestic partner, but this shall not exceed three (3) working days, plus up to two (2) days of work time for necessary travel. Use of additional accruals including sick leave when appropriate may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. h. Legal adoption of a Child. Paid sick leave credits may be used by an employee upon adoption of the child.. i. Accumulated paid sick leave credits may not be used in the following situations: 1. Vacation. Paid sick leave credits may not be used for an employee's illness or injury which occurs while he is on vacation but the County Administrator may authorize it when extenuating circumstances exist and the appointing authority approves. 2. Not in Pay Status. Paid sick leave credits may.not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status. 14.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of the employee and the department head. The following procedures apply: a. Employee Responsibilities. 1. Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2. Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work.. 3. Employees are responsible for obtaining advance approval from their supervisor for the scheduled time of pre-arranged personal or family medical and dental appointment. 4. Employees, are encouraged to keep the department advised of (1) a current telephone number to which sick leave related inquiries may be directed, and (2) any condition(s) and/or restriction(s) that may reasonably be imposed regarding specific locations and/or persons the department may contact to verify the employee's sick leave. b. Department Responsibilities. The use of sick leave may properly be denied if these procedures are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim. The department head or designee may make reasonable inquiries about employee absences. The department may require medical verification for an absence of three (3) or more working days. The department may also require medical verification for absences of less than three (3) working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: WCE -26- 2005-2008 MOU SECTION 14 - SICK LEAVE 1. Calling the employee's residence telephone number or other contact telephone number provided by the employee if telephone notification was not made in accordance with departmental sick leave call-in guidelines. These inquiries shall be subject to any restrictions imposed by the employee under Section 14.4.a. 2. Obtaining the employee's signature on the Absence/Overtime Record, or on another form established for that purpose, as employee certification of the legitimacy of the claim. 3. Obtaining the employee's written statement of explanation regarding the sick leave claim. 4. Requiring the employee to obtain a physician's certificate or verification of the employee's illness, date(s) the employee was incapacitated, and the employee's ability to return to work, as specified above. 5. In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as specified above. Department heads are responsible for establishing timekeeping procedures which will insure the submission of a time card covering each employee absence and for operating their respective offices in accordance with these policies and with clarifying regulations issued by the Office of the County Administrator. To help assure uniform policy application, the Human Resources Director or designated management staff of the County Human Resources Department should be contacted with respect to sick leave determinations about which the department is in doubt. 14.5 Disability. A. An employee physically-or mentally incapacitated for the performance of duty is subject to dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937. An appointing authority after giving notice may place an employee on leave if the appointing authority has filed an application for disability retirement for the. employee, or whom the appointing authority believes to be temporarily or permanently physically or mentally incapacitated for the performance of the employee's duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employee's, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense and on the employees paid time a physical, medical examination by a licensed physician and/or a psychiatric examination by a licensed physician or psychologist and receive a report of the findings on such examination. If the examining physician or psychologist recommends that treatment for physical or mental health problems, including leave, are in the best interests of the employee or the County in relation to the employee overcoming any disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. WCE -27- 2005-2008 MOU SECTION 14 - SICK LEAVE sick leave and/or vacation accruals. In order to qualify for Workers' Compensation the employee must be under the care of a physician. Temporary compensation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds fourteen-(14) days. A permanent employee shall continue to receive the appropriate percentage as outlined above during any period of compensable temporary disability not to exceed one. year. . Payment of continuing pay and/or temporary disability compensation shall be made in accordance with Part 2, Article 3 of the Workers' Compensation Laws of California. "Compensable temporary disability absence" for the purpose of this Section, is any absence due to work connected disability which qualifies for temporary disability compensation as set,forth in Part 2, Article 3 of the Workers' Compensation Laws of California. When any disability becomes medically permanent and stationary and/or reaches maximum medical improvement, the salary provided by this Section shall terminate. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which continuing pay is received. Employees shall be entitled to--a maximum of_one (1) year of continuing pay benefits for any one injury or illness. B. Continuing pay begins at the same time that temporary Workers' Compensation benefits commence and continues until either the member is declared medically permanent/stationary and/or reaches maximum medical improvement, or until one (1) year of continuing pay, whichever comes first provided the employee remains in an active employed status. Continuing pay is automatically terminated on the date. an employee is separated from County service by resignation, retirement, layoff, or the employee is no longer employed by the County. In these instances, employees will be paid Workers' Compensation benefits as prescribed by Workers' Compensation laws. All continuing pay will be cleared through the County Administrator's Office, Risk Management Division. Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working hours the employee shall be allowed time off up to three (3) hours for such treatment without loss of pay or benefits, provided the employee notifies his/her supervisor of the appointment at�least three (3) working days prior to the appointment or as soon as the employee becomes aware the appointment has been made. 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. Full Pay Beyond,One Year. If an injured employee remains eligible for temporary disability beyond one year, full salary will-continue by integrating sick leave and/or .vacation accruals with workers' .compensation benefits. If salary integration is no longer available, Workers' Compensation benefits will be paid directly to the employee as prescribed by Workers' Compensation laws. D. Rehabilitation Integration. An injured employee who is eligible for workers' compensation rehabilitation temporary disability benefits and whose disability is medically permanent . and , stationary and/or reaches maximum medical improvement will continue to receive salary by integrating sick leave and/or vacation accruals with workers' compensation rehabilitation temporary disability WCE -30- 2005-2008 MOU SECTION 15 - CATASTROPHIC LEAVE BANK benefits until those accruals are exhausted. Thereafter, the rehabilitation temporary disability benefits will be paid directly to the employee. E. Health Insurance. The County contribution to the employee's group insurance plan(s) continues during the continuing pay period and during integration of sick leave or vacation with Workers' Compensation benefits. F. Method of Integration: An employee's sick leave and/or vacation charges shall be calculated as follows: C = 8 [1 - (W= S)] C = sick leave or vacation charge per day (in hours) W = statutory workers' compensation for a month S = monthly salary 14.7 Coordination of Benefits. It is understood that the benefits specified above in this Section 14 shall be coordinated with the rehabilitation program as determined by the labor/management committee. 14.8 Accrual Durinq Leave Without Pay. No employee who has been granted a leave without pay or an unpaid military leave shall accrue any sick leave credits during the time of such leave nor shall an employee who is absent without pay accrue sick leave credits during the absence. 14.9 Disability Insurance Review Committee. The County shall establish a Disability Insurance Review Committee consisting of one (1) representative from each employee organization and four (4) management representatives to review and recommend to the Director of Human Resources the feasibility of implementing a self-funded and self-administered disability insurance program. 14.10 Sick Leave Coalition. The County agrees to meet and confer with a coalition of employee organizations, including this council, to revise the County-wide Sick Leave Policy. Such meet and confer sessions shall take place during the term of this MOU. 14.11 Confidentiality of Information/Records. Any use of employee medical records will be governed by the Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26). SECTION 15 -CATASTROPHIC LEAVE BANK 15.1 Program Design. The County Human Resources Department will operate a Catastrophic Leave Bank which is designed to assist any County employee who has exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of the employee or family member. The program establishes and maintains a Countywide bank wherein any employee who wishes to contribute may authorize that a portion of his/her accrued vacation, compensatory time, holiday compensatory time or floating holiday be deducted from those account(s) and credited to the Catastrophic Leave Bank. Employees may donate hours either to a specific eligible employee or to the bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred to a requesting employee's sick leave account so that employee may remain in paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury, or condition. WCE -31 - 2005-2008 MOU SECTION 16 - LEAVE OF ABSENCE Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical impairment or disability which manifests itself during employment. 15.2 Operation. The plan will be administered under the direction of the Director of Human.Resources. The Human Resources Department will be responsible for receiving and recording all donations of accruals and for initiating transfer of credits from the Bank to the recipient's sick leave account. Disbursement of accruals will be subject to the approval of.a six (6) member committee composed of three (3) members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests for credits and shall make determinations as to the appropriateness of the request. The committee shall determine the amount of accruals to be awarded for employees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requester basis. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and shall be treated as regular sick leave accruals. To receive credits under this plan, an employee must have permanent status, must have exhausted all time off accruals to a level below eight (8) hours total, have applied for a medical leave of absence and have medical verification of need. Donations are irrevocable unless the donation.to the eligible employee is denied. Donations may be made in hourly blocks with a minimum donation of not less than four (4) hours from balances in the vacation, holiday, floating holiday, compensatory time, or holiday compensatory time accounts. Employees who elect to donate to a specific individual shall have seventy-five percent (75%) of their donation credited to the individual and twenty-five percent (25%) credited to the Catastrophic Leave Bank. Time donated'will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis. All computations will be on a standard 173.33 basis, except that employees on other than a forty (40) hour week will have hours prorated according to their status. Any recipient will be limited to a total of one thousand forty (1040) hours or its equivalent per catastrophic event; each donor will be limited to one hundred twenty (1.20) hours per calendar year. No element of this plan is grievable. All appeals from either a donor or recipient will be resolved on a'final basis by the Director of Human Resources. No employee will have any entitlement to catastrophic leave benefits. The award of Catastrophic Leave will be at the sole discretion of the committee,, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six (6) months. The committee will be entitled to limit benefits in accordance with available contributions and to choose from among eligible applicants on an anonymous basis those who will receive benefits, except for hours donated to a specific employee. In the event a donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria, the donating employee may authorize the hours to be donated to the bank or returned to the donor's account. The donating employee will have fourteen (14) calendar days from notification to submit his/her decision regarding the status of their donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank. Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. SECTION 16 - LEAVE OF ABSENCE WCE -32- 2005-2008 MOU SECTION 16 - LEAVE OF ABSENCE 16.1 Leave Without Pay. Any employee who has permanent status may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions, and family care shall be granted in accordance with applicable state and federal law. 16.2 General Administration - Leave of Absence. Requests for leave without pay shall be made upon forms prescribed by the Director of Human Resources and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1. Illness, disability or serious health condition; 2. pregnancy or pregnancy disability; 3. family care; 4. to take a course of study such as will increase the employee's usefulness on return to the position; 5. for other reasons or circumstances acceptable to the appointing authority. B. An employee must request family care leave at least thirty (30) days before the leave is to begin if the need for the leave is foreseeable. If the need is not foreseeable, the employee must provide written notice to the employer within five (5) days of learning of the event by which the need for family care leave arises. C. A leave without pay may be for a period not to exceed one (1) year, provided the appointing authority may extend such leave for additional periods. The procedure in granting extensions shall be the same as that in granting the original leave, provided that the request for extension must be made not later than thirty (30) calendar days before the expiration of the original leave. D. Nevertheless, a leave of absence for the employee's serious health condition or for family care (FMLA) shall be granted to an employee who so requests it for up to eighteen (18) weeks in a "rolling" twelve (12) month period measured backward from the date the employee uses his/her FMLA leave to commence period in accordance with Section 16.5 below. E. Whenever an employee who has been granted a leave without pay desires to return before the expiration of such leave, the employee shall submit a request to the appointing authority in writing at least fifteen (15) days in advance of the proposed return. Early return is subject to prior approval by the appointing authority. The Human Resources Department shall be notified promptly of such return. 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 on granting or denying leave or early return from leave shall be subject to appeal to the Human Resources Director and not subject to appeal through the grievance procedure set forth in this MOU. WCE -33- 2005-2008 MOU SECTION 16 - LEAVE OF ABSENCE 16.3 Furlough Days Without Pay. Subject to the prior written approval of the appointing authority, employees may elect to take furlough days or hours without pay (pre- authorized absence without pay), up to a maximum of fifteen (15) calendar days for any one period. Longer pre-authorized absences without pay are considered leaves of absence without pay. .Employees who take furlough time shall have their compensation for the portion of the month worked computed in accord with Section '5.6 -Compensation for Portion of Month of this MOU. Full time and part-time employees who take furlough time shall have their vacation, sick leave, floating holiday, and any other payroll computed accruals computed as though they had worked the furlough time. When computing vacation sick leave, floating holiday,. and other accrual credits for employees taking furlough time, this provision shall supersede Section 13.4— Accrual During Leave Without Pay, Section 14.2 — Credits to & Charges Against Sick Leave, Section 14.8—Accrual During Leave Without Pay, and Section 16.1 — Leave Without Pay, of this MOU regarding the computation of vacation, sick leave, floating holiday, and other accrual credits as regards furlough time only. For payroll purposes, furlough time (absence without pay with prior authorization of the appointing authority) shall be reported separately from other absences without pay to the Auditor-Controller. The existing VTO program shall be continued for the life of the contract. 16.4 Military Leave. Any employee who is ordered to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof shall be granted a military leave for the period of such service, plus ninety (90) days. Additionally, any employee who volunteers for service during a mobilization under Executive Order of the President or Congress of the United States and/or the State Governor in time of emergency, shall be granted a leave of absence in accordance with applicable federal or state laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. An employee who has been granted a military leave shall not, by reason of such absence, suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional.examination, time on military leave shall be considered as time in County,service. Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the Director of Human.Resources may deem necessary. 16.5 Family Care Leave or Medical Leave. Upon request to the appointing authority, in a "rolling" twelve (12) month period measured backward from the date the employee uses his/her FMLA leave, any employee who has permanent status shall be entitled to at least eighteen (1 8) weeks leave (less if so requested by the employee) for- a., medical leave of absence for the employee's own serious health condition which ,makes the employee unable to perform the functions of the employee's position; or b. family care leave of absence without pay for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious-illness or health condition of a child, parent, spouse, or domestic partner of the employee. 16.6 Intermittent Use of Leave. The employee may be asked to provide certification of the need for family care leave or medical leave. Additional period(s) of family care or medical leave may be granted by the appointing authority. WCE -34- 2005-2008 MOU 4 SECTION 16 - LEAVE OF ABSENCE The eighteen (18) week entitlement may be in broken periods, intermittently on a regular or irregular basis, or may include reduced work schedules depending on the specific circumstances and situations surrounding the request for leave. The eighteen (18) weeks may include use of appropriate available paid leave accruals when accruals are used to maintain pay status, but use of such accruals is not required beyond that specified in Section 16.12 below. When paid leave accruals are used for a medical or family care leave, such time shall be counted as a part of the eighteen (18) week entitlement. 16.7 Aggregate Use for Spouse. In the situation where husband and wife are both employed by the County, the family care of medical leave entitlement based on the birth, adoption or foster care of a child is limited to an aggregate for both employees together of eighteen (18) weeks during a "rolling" twelve (12) month period measured backward from the date the employee uses his/her FMLA leave. Employees requesting family care leave are required to advise their appointing authority(ies) when their spouse is also employed by the County. 16.8 Definitions. For medical and family care leaves of absence under this section, the following definitions apply: a. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child who is under eighteen (18) years of age for whom an employee stands in loco parentis or for whom the employee is the guardian or conservator, or an adult dependent child of the employee. b. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian, conservator, or other person standing in loco parentis to a child. C. Spouse: A partner in marriage as defined in California Civil Code Section 4100. d. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom the employee is not related and with whom the employee resides and shares the common necessities of life. e. Serious Health Condition: An illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves either inpatient care in a hospital, hospice or residential health care facility or continuing treatment or continuing supervision by a health care provider (e.g. physician or surgeon) as defined by state and federal law. f. Certification for Family Care Leave: A written communication to the employer from a health care provider of a person for whose care the leave is being taken which need not identify the serious health condition involved, but shall contain: 1. the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. an estimate of the amount of time which the employee needs to render care or supervision; 4. a statement that the serious health condition warrants the participation of a family member to provide care during period of treatment or supervision; WCE -35- 2005-2008 MOU SECTION 16 LEAVE OF ABSENCE 5. if for intermittent leave or a reduced work schedule leave, the certification should indicate that the intermittent leave or reduced leave schedule is necessary for the care of the individual or will assist in their recovery, and its expected duration. g. Certification for Medical Leave: A written communication from a health care provider of an employee with a serious health condition or illness to the employer, which need not identify the serious health condition involved, but shall contain: 1. the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employee's job; 4. if for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule and its expected duration. h. Comparable Positions: A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave. Ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co-workers, supervisor(s), or other staffing may have changed during an employee's leave. 16.9 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under Section 14.3:D - Sick Leave Utilization for Pregnancy Disability, that time will not be considered a part of the'eighteen (18) week family care leave period. 16.10 Group Health Plan Coverage. Employees who were, members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the County contribution by maintaining their employment in pay status as described in Section 16.12: During the eighteen (18) weeks of an approved medical or family care leave under Section 16.6 above, the County will continue its contribution for such health plan coverage even if accruals are not available for use to maintain pay status as required under Section 16.12. In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain their group health plan coverage, either through payroll deduction or by paying the County directly. 16.11 Leave Without Pay- Use of Accruals. A. All Leaves of Absence. During the first twelve (12) month period of any leave of absence without pay, an employee may elect to maintain pay status each month by using available sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements; in other words, during the first twelve (12) months, a leave of absence without pay may be "broken" into segments and accruals used on a monthly basis at the employee's discretion. After the first twelve (12) months, the leave period may not be "broken" into segments and accruals may not be used, except when required by LTD Benefit Coordination or SDI/Sick Leave Integration or as provided in the sections below. WCE -36- 2005-2008 MOU SECTION 17 - JURY DUTY AND WITNESS DUTY B. Family Care or Medical Leave. During the eighteen (18) weeks of an approved medical or family care leave, if a portion of that leave will be on a leave of absence without pay, the employee will be required to use at least 0.1 hour of sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid Sick Leave), vacation floating holiday, compensatory time off or other accruals'or entitlements if such are available, although use of additional accruals is permitted under subsection A. above. C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible employee who files an LTD claim and concurrently takes a leave of absence without pay will be required to use accruals as provided in Section B herein during the eighteen (18) week entitlement period of a medical leave specified above. If an eligible employee continues beyond the eighteen (18) week entitlement period on a concurrent leave of absence/LTD claim, the employee may choose to maintain further pay status only as allowed under subsection A. herein. D. Sick leave accruals may not be used during any leave of absence, except as allowed under Section 14.3 - Policies Governing the Use of Paid Sick Leave. 16.12 Leave of Absence Replacement & Reinstatement. Any permanent employee who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to a position in that classification and department and then only on the basis of seniority. In case of severance from service by reason of the reinstatement of a permanent employee, the provisions of Section 11 - Seniority. Workforce Reduction. Layoff. & Reassignment Seniority shall apply. 16.13 Reinstatement From Family Care Medical Leave. In the case of a family care or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or comparable position if the return to work is after no more than ninety (90) work days of leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a full schedule is after no more than seven hundred twenty (720) hours, including use of accruals, of intermittent or reduced schedule leave. At the time the original leave is approved, the appointing authority shall notify the employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee on a schedule other than 5/40 shall have the time frame for reinstatement to the same or comparable position adjusted on a pro rata basis. 16.14 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year, shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. 16.15 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or canceled by the appointing authority, or at the expiration of a leave, shall be without pay. Such absence may also be grounds for disciplinary action. 16.16 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall remain in effect. SECTION 17 -JURY DUTY AND WITNESS DUTY WCE -37- 2005-2008 MOU SECTION 17 — JURY DUTY AND WITNESS DUTY c 17.1 Jury Duty. For purposes of this Section, jury,duty shall be defined as any time an employee is obligated to report to the court. When called for jury duty, County employees, like other citizens, are expected to discharge their jury duty responsibilities. Employees shall advise their department as soon as possible if scheduled to appear for,jury duty. If.summoned for jury duty in a Superior, 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 alffees and expenses paid to them. When an employee is summoned for jury duty selection or is selected as a juror in a Superior or Federal Court, employees may remain in a regular pay status if they waive all fees (other than mileage), regardless of shift assignment and the following shall apply: a. If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where.it will be retained as a department record. No "Absence/Overtime Record" is required. b. An employee. who elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. No court certificate is required but an "Absence/Overtime Record" must be submitted to the department payroll clerk. Employees are not permitted to engage in any employment regardless of shift assignment or occupation before or after daily jury service that would affect their ability to properly serve as jurors. An employee on short notice standby to report to court, whose job duties make short notice response impossible or impractical, shall be given,alternate work assignments for.those days to enable them to.respond to the court on short notice. When an employee is required to serve on jury duty, the County will adjust that employee's work schedule.to coincide with a Monday to Friday'schedule for the remainder of their service, unless the employee requests otherwise. Participants in 9/80 or 4/10 work schedules will.not.receive overtime or compensatory time credit for jury duty on their scheduled days off. Permanent-intermittent employees are entitled to paid jury duty leave only for those days on which they were previously scheduled to work. 17.2 WitnessDuty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to them other than mileage allowance or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called'to serve as witnesses in private cases or personal matters (e.g., accident suits . and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth in Section 17.1 of this MOU. Employees shall advise their department as soon as possible WCE -38- 2005-2008 MOU SECTION 18 - HEALTH AND WELFARE, LIFE AND DENTAL CARE if scheduled to appear for witness duty. Permanent intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. SECTION 18 - HEALTH AND WELFARE, LIFE AND DENTAL CARE 18.1 County Programs. The County will continue to offer existing County Group Benefit Programs of medical, dental and life insurance coverage through to all permanent employees regularly scheduled to work twenty (20) or more hours per week as described in Exhibit A of the current agreement. 18.2 Rate Information. The County Benefits Division will make health and dental plan rate information available upon request to employees and departments. In addition, the County Benefits Division will publish and distribute to employees and departments information about rate changes as they occur during the year. The County's contribution to the health plan premium is payable for any month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller. The responsibility for this payment rests with the employee. If payment is not made, the employee shall be dropped from the health plan. An employee is thus covered by the health plan for the month in which compensation is paid. An employee who is on approved leave of absence may convert to individual health plan coverage within thirty (30) days of the commencement of leave. 18.3 Medicare Rates. Corresponding Medicare rates for employees covered under this MOU shall be as follows: for Employee Only on Medicare by taking the Employee Only rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with one member on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with two members on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for two enrollees. 18.4 Partial Month. The County's contribution to the Health Plan premium is payable for any month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller. The responsibility for this payment rests with the employee. If payment is not made, the employee shall be dropped from the health plan. An employee is thus covered by the health plan for the month in which compensation is paid. 18.5 Coverage During Absences. An employee on approved leave shall be allowed to continue his/her health plan coverage at the County group rate for twelve (12) .months provided that the employee shall pay the entire premium for the Health Plan during said leave. An employee on leave in excess of twelve (12) months may continue health plan coverage by converting to an individual health plan option (if available) or continuing 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 in cancellation of health plan coverage with no reinstatement allowed. WCE -39- 2005-2008 MOU SECTION 1.8 HEALTH AND WELFARE, LIFE AND DENTAL CARE An employee who terminates County employment is only covered through the month in which he is credited with compensation but may convert to individual health plan coverage, if available-, or may continue County Group health plan coverage to the extend provided under COBRA by making premium payments to the County at a time and place specified by the County. 18.6 Retirement Coverage. Upon retirement; employees may remain in the same County group medical plan if immediately before their retirement they, are either active subscribers to one of the County Health Plans or if on authorized leave of absence without pay they have retained their membership by either continuing to pay their monthly premium to the County by the deadlines established by the County or by converting to individual conversion membership from the County plan through the medical plan carrier, if available. All employees hired on or after the date this provision is adopted and implemented by;the Board of Supervisors, will be eligible for Retiree Health Coverage pursuant to the terms outlined above, upon completion of fifteen (15) years of service with Contra Costa County. For purposes of retiree health eligibility, a year of service shall be defined as one thousand (1,000) hours worked within an anniversary year. The existing method of crediting service while an employee is on an approved leave of absence will continue during the term of this agreement. 18.7 Dual Coverage. If a husband and wife both work for the County and one. of them is laid off, the remaining eligible shall be allowed to enroll or transfer into the health coverage combination of his/her choice. An eligible employee who is no longer covered for medical or dental coverage through a spouse's coverage shall be allowed to enroll or transfer into the health coverage combination of his/her choice within thirty (30) days of the date coverage is no longer afforded under the spouse's plan,. 18.8 Health Care Spending Account. The County will offer regular-full-time and part- time (20/40 or greater) County employees the option to participate in a Health Care Spending Account (HCSA) Program designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre-determined amount of money from their paycheck, not to exceed $3000 per year, for health, care expenses.not reimbursed by any other health benefits plan with before tax dollars. Effective January 1, 2007, this amount shall be increased from $3000 to.$4500 per year. Effective January 1, 2008, this amount shall be increased to $5000 per year. HCSA dollars can be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance cannot be recovered by the employee. 18.9 PERS Long Term Care. The County proposes to deduct and remit monthly premium and eligible lists to the PERS Long Term Care Administrator, at no County administrative cost; for.County employees who are eligible and voluntarily elect to purchase long term care through the PERS Long Term Care Program. The County further agrees that County employees interested in purchasing PERS Long Term Care may participate. in meeting scheduled by PERS Long Term Care on County facilities during non-work hours. (i.e.: coffee breaks, lunch hour). 18.10 Deferred Retirement. Effective two (2) months following an approved agreement, employees who resign and file for a deferred retirement may continue in their County group health and dental plan; the following conditions and limitations apply: a. Life insurance coverage is not included. b. To be eligible to continue health and dental coverage, the employee must: WCE -40- 2005-2008 MOU SECTION 19 - PROBATIONARY PERIOD 1. be qualified for a deferred retirement under the 1937 Retirement Act provisions. 2. be an active member of a County group health and/or dental plan at the time of filing their deferred retirement application and elect to continue health benefits. 3. be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty-four (24) months of their application for deferred retirement. 4. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty (30) days before their separation from county service. C. Deferred retirees who elect continued health benefits hereunder may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement at their full personal expense, by paying the full premium for their health and dental coverage on or before the eleventh (11th) of each month to the Auditor-Controller. When they begin to receive retirement benefits, they will qualify for the same health and/or dental plan coverage and county subvention to which retirees who did not defer retirement are entitled. d. Deferred retirees who elect continued health benefits hereunder may elect not to maintain participation in their county health and/or dental plan during their deferred retirement period; and may instead qualify for the same coverage and county subvention in any County health and/or dental plan when they begin to receive retirement benefits as retirees who did not defer retirement are entitled; provided reinstatement to a County group health and/or dental plan with county subvention occurs no sooner than the first of the month following a full three (3) calendar month waiting period after the commencement of their monthly allowance. e. Eligibility for County subvention will not exist hereunder unless and until the member draws'a monthly retirement allowance within not more than twenty-four (24) months after separation from County service. f. Deferred retirees are required to meet the same eligibility provisions for health/dental plans as active/retired employees. 18.11 Child Care. The County will continue to.support the concept of non-profit child care facilities similar to the "Kid's at Work" program established in the Public Works Department. SECTION 19 - PROBATIONARY PERIOD 19.1 Duration. All appointments from officially promulgated employment lists for original entrance and promotion shall be subject to a probationary period. For original entrance appointments, the probationary period shall be nine (9) months.-For promotional appointments, the probation period shall be six(6) months. 19.2 Revised Probationary Period. When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 19.3 Criteria. The probationary period. shall date from the time of appointment to a permanent position after certification from an eligible list. It shall not include time served under provisional appointment or under appointment to limited term positions or any period of WCE -41 - 2005-2008 MOU SECTION 19 PROBATIONARY PERIOD continuous leave of absence without payor period of work connected disability exceeding fifteen (15) calendar days. For those employees appointed to .permanent-intermittent positions with a nine (9) month probation .period, probation will be considered completed upon serving .fifteen hundred (1500) hours after appointment except that in,no instance will this period be less than nine (9) calendar months from the beginning of probation. If a permanent-intermittent probationary employee is reassigned to full time, •credit toward probation completion in the full time position shall be prorated on the basis of one hundred seventy-three (173) hours per month. 19.4 Resection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin •a new probationary period if subsequently certified and appointed. A. Appeal from Rejection. Notwithstanding any other provisions of this-section, an employee (probationer) shall have the right to appeal from any rejection during `the probationary period based, on political or religious affiliations or opinions, Council activities, or race, color, national origin, sex, age, disability, or sexual orientation. , B. The appeal must be written, must be signed by the employee and set forth the grounds and facts by which it is claimed that grounds for, appeal exist under Subsection (A) and must be filed through the.Director of Human Resources to the Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery.to the employee of notice of rejection. . C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection .may have been based on grounds prohibited in Subsection (A), it may refer. the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds-no probable cause for a hearing, it shall deny the appeal. 1f, after hearing, the Merit Board upholds the appeal, it' shall direct that the appellant be reinstated in the position and the appellant shall begin a new probationary period .unless the Merit,Board specifically reinstates the former period. 19.5 Regular.Appointment. The-regular appointment of a probationary. employee shall begin on the day following the end of the probationary period, subject to the condition that the Director of Human Resources receive from the appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee is recommended for permanent appointment. A probationary employee may be rejected at any time during the probation period without regard to the Skelly provisions of this MOU, without notice and without right of appeal or hearing except as provided in Section 1.9.4.A. If the appointing authority has.not returned the probation report, a probationary employee may .be rejected from the service within a reasonable time after the probation period for failure to pass;probation..If the appointing authority fails to submit in, a timely manner the proper written documents certifying that a probationary.employee has served in a satisfactory manner and later acknowledges it was his or her intention to do so, the regular appointment shall begin on the day following the end of the probationary period. Notwithstanding any other provisions of the MOU, an,employee rejected during the probation period from a position in the Merit System to which the employee had been promoted or WCE -42- 2005-2008 MOU SECTION 20 - PROMOTION transferred from an eligible list, shall be restored to a position in the department from which the employee was promoted or transferred. An employee dismissed for other than disciplinary reasons within six (6) months after being promoted or transferred from a position in the Merit System to a position not included in the Merit System shall be restored to a position in the classification in the department from which the employee was promoted or transferred. A probationary employee who has been rejected or has resigned during probation shall not be restored to the eligible list from which the employee was certified unless the employee receives the affirmative recommendation from the appointing authority and is certified by the Human Resources Director whose decision is final. The Director of Human Resources shall not certify the name of a person restored to the eligible list to the same appointing authority by whom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 19.6 Layoff During Probation. An employee who is laid off during probation, if reemployed in the same class by the same department, shall be required to complete only the balance of the required probation. If reemployed in another department or in another classification, the employee shall serve a full probationary period. An employee appointed to a permanent position from a layoff or reemployment list is subject to a probation period if the position is in a department other than the department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 19.7 Resection During Probation of Layoff Employee. An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within the period of layoff eligibility. The employee shall begin a new probation period of subsequently certified and appointed in a different department or classification than that from which the employee was laid off. SECTION 20 - PROMOTION 20.1 Competitive Exam. Promotion shall be by competitive examination unless otherwise provided in this MOU. 20.2 Promotion Policy. The Director of Human Resources, upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 20.3 Open Exams. If an examination for one of the classes represented by the Council is proposed to be announced on an Open only basis the Director of Human Resources shall give five (5) days prior notice of such proposed announcement and shall meet at the request of the Council to discuss the reasons for such open announcement. 20.4 Promotion Via Reclassification Without Examination. Notwithstanding other provisions of this Section, an employee may be promoted from one classification to a higher classification and his position reclassified at the request of the appointing authority and under the following conditions: a. An evaluation of the position(s) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. WCE -43 - 2005-2008 MOU SECTION 21 - TRANSFER b. The incumbent of the position must have performed at the higher level for one (1) year. C. The incumbent must meet the minimum education and experience requirements for the higher class. d. The action must have approval of the Human Resources Director. e. The Council approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 20.5 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the.final filing date. If'an employee who is qualified on a promotional employment list is separated from the merit system, except by layoff, the employee's name shall be removed from the promotional list. 20.6 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score,.,not including seniority credits, of seventy percent (70%) or more, shall receive, in addition to all other credits, five one-hundredths of one percent (.05%) for each-completed month of service as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall. be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, however, shall receive more than a total of five percent (5%) credit for seniority in any promotional examination. 20.7` Physical Examinations. County employees who are required as part 'of the' promotional examination process to take a physical examination shall do so on County time at County,expense. SECTION 21 -TRANSFER 21.1 Conditions. The following conditions are required in order to qualify for transfer:. a. The position shall be in the same class, or if in a different class"shall have been determined by the Director of Human Resources to be appropriate for transfer on the basis of minimum qualifications and.qualifying procedure. b. The employee shall.have permanent status in the merit system and shall be in good standing. C. The appointing authority or authorities involved in the transaction shall have indicated their agreement in writing. d. The employee concerned shall have indicated agreement 'to the change in writing. e. The Director of Human Resources shall have approved the change. Notwithstanding the foregoing, transfer may also be accomplished through the regular appointment procedure provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. WCE -44- 2005-2008 MOU SECTION 22 - RESIGNATIONS 21.2 Procedure. Any employee or appointing authority who desires to initiate a transfer may inform the Director of Human Resources in writing of such desire stating the reasons therefor. The Director of Human Resources shall if he or she considers that the reasons are adequate and that the transfer will be for the good of the County service and the parties involved, inform the appointing authority or authorities concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. SECTION 22 - RESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. Oral resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the Human Resources Department and shall indicate the effective date of termination. 22.1 Resignation in Good Standing. A resignation giving the appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 22.2 Constructive Resignation. A constructive resignation occurs and is effective when: a. An employee has been absent from duty for five (5) consecutive working days without leave, and; b. Five (5) more consecutive working days have elapsed without response by the employee after the mailing of a notice of resignation by the appointing authority to the employee at the employee's last known address. C. Employees working a 4/10 schedule shall have constructively resigned if four (4) days elapse as provided in "a" above followed by four (4) more days as provided in "b" above. 22.3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative either on that date or another date specified. 22.4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority. 22.5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice on the Director of Human Resources and a copy on the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, it shall be revoked and the employee returned to duty effective on the day following the appointing authority's acknowledgment without loss of seniority or pay. C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the WCE -45- 2005-2008 MOU SECTION 23 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION alternative, the employee may file a written election with the Director of Human Resources waiving the employee's right of appeal to the Merit Board in favor of the employee's appeal rights under the grievance procedure contained in Section 24- Grievance Procedure of the MOU beginning with Step 3. , D. Disposition. If a final decision Js rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. SECTION 23 DISMISSAL SUSPENSION TEMPORARY REDUCTION IN PAY AND DEMOTION 23.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend, temporarily reduce the pay of, or demote any employee.for cause. A temporary reduction in pay is not to exceed more than five percent (5%) for a period of three (3) months. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal, suspension, reduction in pay, or demotion may be based on reasons other than those specifically mentioned: a. absence without leave, b. conviction of any criminal act involving moral turpitude, C. conduct tending to bring the merit system into disrepute, d. disorderly or immoral conduct, e. incompetence or inefficiency, f. insubordination, g. being at work under the influence of liquor-or drugs, carrying onto the premises liquor,or drugs or consuming or using liquor or drugs during work hours and/or on County premises, h. neglect of duty (i.e. non-performance of assigned responsibilities), i. negligent or willful damage to public property or waste of public supplies or equipment, j. violation of any lawful or reasonable regulation or order given by a'supervisor or Department Head, k. willful 'violation of any of the provisions of 'the merit system ordinance or Personnel Management Regulations, I. material, and intentional misrepresentation or concealment of any fact in connection with obtaining employment, m. misappropriation of County funds or property, n. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this MOU, WCE -46- 2005-2008 MOU SECTION 23-: DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION o. dishonesty or theft, P. excessive or unexcused absenteeism and/or tardiness, q. sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. 23.2 Skelly Requirements. Before taking a disciplinary action to dismiss, suspend, for more than five (5) work days (four (4) work days for employees on 4/10 work week), reduce the pay of, or demote an employee, the appointing authority shall cause to be served personally or by certified mail, on the employee, a Notice of Proposed Action, which shall contain the following: a. A statement of the action proposed to be taken. b. A copy of the charges; including the acts or omissions and grounds upon which the action is based. C. If it is claimed that the employee has violated a rule or regulation of the County, department or district, a copy of said rule shall be included with the notice. d.. A statement that the employee may review and request copies of materials upon which the proposed action is based. e. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. 23.3 Employee Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or any extension, the right to respond is lost. 23.4 Leave Pending Employee Response. Pending response to a Notice of Proposed Action within the first seven (7) days or extension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 23.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days unless ordered by an arbitrator, an adjustment board or the Merit Board. 23.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or Disciplinary Demotion. A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay of, or demote an employee having permanent status in a position in the merit system, after having complied with the Skelly requirements where applicable, the appointing authority shall make an order in writing stating specifically the causes for the action. WCE -47- 2005-2008 MOU SECTION 24 - GRIEVANCE PROCEDURE B. Service of Order. Said order of dismissal, suspension, temporary reduction in pay, or demotion shall be filed with the Director of Human Resources, showing by whom and the date a copy was served upon the employee to be dismissed, suspended, temporarily reduced in pay, or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon personal service or deposit in the U. S. Postal Service. C.. Employee Appeals from Order. The employee may appeal an order of dismissal, suspension, temporary reduction in pay, or demotion either to the Merit Board or through the procedures of Section 24 - Grievance Procedure of this MOU provided that such appeal is filed in writing with the Human Resources Director within ten (10) calendar days after service of said order. An employee may not both appeal to the Merit Board and file a grievance under Section 24 of this MOU. 23.7 Weingarten Rights. The County recognizes an employee's right to representation during an investigatory interview or meeting that may result in discipline. The County shall not interfere with the representative's right to assist an employee to clarify the facts during the interview. If the employee requests a union representative, the investigatory interview shall be temporarily recessed for a reasonable period of time until a union representative can be present. For those interviews, which by nature of the incident must take place immediately, the union will take reasonable steps to make a union representative immediately available. The employer shall inform the employee of the general nature of the investigation at the time the employer directs the employee to be interviewed. SECTION 24 -GRIEVANCE PROCEDURE 24.1 Definition and Procedural Steps. A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. The Council may represent the employee at any stage of the process. Grievances must be filed within thirty (30) days of the incident or occurrence about which the employee claims to have a grievance and shall be processed in the following manner: Step 1. Any employee or group of employees who believes that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the grievant's immediate supervisor, who shall meet with the grievant within five (5) days of receipt of a written request to hold such meeting. Grievances challenging suspensions, reductions in pay, demotions and terminations may be filed at Step 2 within the time frame set forth above. Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may submit the grievance in writing within ten (10) work days to such management official as the Department Head may designate. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied, how misapplication or misinterpretation has affected the grievant to the grievant's detriment, and the redress the grievant seeks: A copy of each written communication on a grievance shall be filed with the Director of Human Resources. The Department Head or his. or her designee shall have ten (10) work days in which to respond to the grievance in writing: 'If either the union or grievant request a meeting with the Department Head or his/her designee at this step, such a meeting will be held. Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the grievant may appeal in writing within ten (10) workdays to the Human Resources Director. The Human Resources Director or his or her designee shall have twenty (20) work days in which to investigate the merit WCE -48- 2005-2008 MOU SECTION 24 - GRIEVANCE PROCEDURE of the complaint and to meet with the Department Head and the grievant and attempt to settle the grievance and respond in writing. Step 4. No grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 3 above and filed within ten (10) work days of the written response of the Human Resources Director or designee. if the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, such grievance shall be submitted in writing to an Adjustment Board comprised of three(3) Council representatives, no more than two (2) of whom shall be either an employee of the County or an elected or appointed official of the Council presenting this grievance, and three (3) representatives of the County, no more than two (2) of whom shall be either an employee of the County or a member.of the staff of an organization employed to represent the County in the meeting and conferring process. Where the parties agree, the Adjustment Board may be comprised of two (2) Council representatives and two (2) County representatives. The Adjustment Board shall meet within twenty (20) work days of receipt of the written request and render a decision. If the County fails to meet the time limits specified in Step 4 and the grievant demands in writing that an Adjustment Board be convened, the County will convene an Adjustment Board within ten (10) work days of receipt of the original request. 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 a majority decision, either the grievant (or the County, when alleging a violation of Section 24.6 below) may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the grievant and the Human Resources Director. Such request shall be submitted within twenty (20) workdays of the rendering of the Adjustment Board decision. Within twenty (20) days of the request for arbitration the parties shall mutually select an arbitrator who shall render a decision within thirty (30) work days from the date of final submission of the grievance including receipt of the court reporter's transcript and post-hearing briefs, if any. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the grievant and the County. Each party, however, shall bear•the costs of its own presentation, including preparation and post hearing briefs, if any. 24.2 Scope of Adjustment Board and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. B. No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Council which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in Step 1 above. C. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. If the Human Resources Director in pursuance of the procedures outlined in Step 3 above, or the Adjustment Board in pursuance of the provisions of Step 4 above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time. WCE -49- 2005-2008 MOU SECTION 25 - RETIREMENT E. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Boards or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Council. 24.3 Time Limits. The time limits specified above may be waived by mutual agreement of the parties to the grievance. If the County fails to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If a grievant fails to meet the time limits specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and withdrawn. 24.4 -Council Notification. An official, with whom a formal grievance is filed by a grievant who is included in a unit represented by the Council in the-grievance, shall give the Council a copy of the grievance. 24.5 Compensation Complaints. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Human Resources Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, if not detailed in the MOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion..No adjustment shall be retroactive for more than six (6) months from the date upon which the complaint was filed. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Council. 24.6 StrikeNVork Stoppage. During the term of this MOU, the Council, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown,stoppage of work, sick-out, 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 union having jurisdiction, an employee who is in danger of physical harm shall not be required to cross the picket line, provided the employee advises his or her supervisor as soon as possible, and provided further that an employee may be required to cross a picket line where the performance of his or her duties is of an emergency.nature and/or failure to perform such duties might cause or aggravate a danger to public health or safety. 24.7 Merit Board. All grievances of employees in representation units represented by the Council shall be processed under Section 24 unless the employee elects to apply to the Merit Board on matters within its jurisdiction. No action under Steps 3, 4 and 5 of Subsection 24.1 above shall be taken if action on the complaint or grievance has been taken by the Merit Board, or if the complaint or grievance is pending before the Merit Board. 24.8 Filing by Council. The Council may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this MOU. SECTION 25 - RETIREMENT 25.1. Contribution. Pursuant to Government Code Section 31581.1, the County will continue to pay fifty percent (50%) of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOU, and shall terminate thereafter. Employees WCE _50- 2005-2008 MOU SECTION 25 - RETIREMENT shall be responsible for payment of the employees' contribution for the retirement cost of living program as determined' by the Board of Retirement of the Contra Costa County Employees' Retirement Association without the County paying any part of the employees share. The County will pay the remaining one-half(1/2) of the retirement cost-of-living program contribution. 25.2 Tier III. Subject to the enactment of enabling legislation amending the 1937 Employees' Retirement Act to allow such election, the County will permit certain Tier II employees to elect a Tier III Retirement Plan under the following conditions: 1. The County and the Labor Coalition must agree on the wording of the legislation and both parties must support the legislation. 2. Except for disability, all benefit rights, eligibility for and amounts of all other benefit entitlements for Tier III, from and after the date of implementation, shall be the same as Tier I. The disability benefits for Tier III shall be the same as the current Tier II disability provisions. 3. The amount of the employee's required retirement contribution shall be established by the County Employees' Retirement Association and shall be based on the employee's age at entry into the retirement system. 4. Employees represented by the Labor Coalition and its member employee organizations (herein referred to as "Labor Coalition") enrolled in Tier II who have attained five (5) years of retirement credited service as of the effective date of the enabling legislation shall have a six (6) month period after such date to make a one time irrevocable election of the Tier III Retirement Plan expressed herein subject to action by the Board of Supervisors to implement the Plan. Thereafter, employees represented by the Labor Coalition enrolled in Tier II who have attained five (5) years of retirement credited service shall have a ninety (90) day period to make a one time irrevocable election of the Tier III Retirement Plan expressed herein. 5. a. The County's employer contributions and subvention of employee contributions for Labor Coalition employees electing Tier III which exceed those which would be required for Tier II membership shall: 1) be funded by reducing the general wage increase agreed upon to be effective October 1, 1997, and the pay equity amounts attributable thereto, by a percentage sufficient to reduce the County's wage obligation by $3 million dollars year; and the general wage increase of all employees represented by the Labor Coalition shall be reduced accordingly; and 2) in the event the County's costs attributable to the creation and operation of Tier III exceed $3 million per year or the County Employees' Retirement Association's actuaries determine in future years that the County's retirement costs have increased and that the increase is attributable to the creation of Tier III and/or the impact of Tier III on the County's retirement costs, such increase shall be funded by reducing the general wage increase(s) agreed upon in future years, and the pay equity amounts attributable thereto, to the extent that future wage increases are granted; and the general wage increase(s) of all employees represented by the Labor Coalition shall be reduced accordingly; and 3) in the event the County's costs attributable to the Tier III Retirement Plan are less than $3 million per year, the difference shall be divided by twelve WCE -51 - 2005-2008 MOU SECTION 25 - RETIREMENT and each twelfth shall be augmented by an amount equal to the County's common pooled fund interest which would have accrued if one twelfth had been invested in the first month of the past year, two twelfths in the second month of the past year and so forth; and 4) any savings to the County resulting from the creation and operation of Tier III shall be used to offset future County retirement cost increases attributable to the creation and operation of Tier III; and 5) County savings shall be held in an account by the Auditor-Controller which is invested in the County's common pooled fund and will accrue interest accordingly. The County will report yearly to the Labor Coalition on a) the beginning account balance, b) the interest earned, c) expenditures from the account to cover increased costs resulting from the Tier III Retirement Plan, and d) the ending account balance. b.. Any increased costs to the County, due to Tier III participation by employees not represented by the Labor Coalition, shall not be funded by reduction of general wage increases otherwise due to the employees represented by the Labor Coalition. c. Subject to the provisions expressed above, any and all additional employer and County-paid employee contributions which exceed the sum of the County's legally required contributions under Tier II shall be recovered by reducing general wage increases to the employees represented by the Labor Coalition. d. Any disputes regarding cost or savings shall be subject to binding arbitration upon demand of the Labor Coalition or the County. 6. a. The enabling legislation shall provide that the Tier III Retirement Plan may be implemented only by an ordinance enacted by the Board of Supervisors. b. Board of Supervisors' action to implement the Tier III Retirement Plan shall be taken not earlier than seven (7) months after the effective date of the legislation plus thirty (30) days after an actuarial report on the County cost of the Plan is received by the County, provided that before enactment of the ordinance, the Labor Coalition has not notified the County in writing that a one percent (1%) wage increase shall be implemented by the County effective October 1, 1997, without interest, in lieu of implementation of the Tier III Retirement Plan. 7. The establishment .of the Tier III Retirement Plan pursuant to the terms of this Memorandum of Understanding shall be subject to approval by. the Board of Retirement of the Contra Costa County Employees' Retirement Association. 8.. In the event the County is prevented from implementing the Tier III Retirement Plan for any reason on or before the termination date of this MOU, the agreement of the parties regarding a Tier III Retirement Plan shall expire and a one percent (!%) lump sum wage increase shall be implemented by the County within sixty (60) days after the determination that Tier III cannot be implemented or as soon thereafter as practicable for the period covering October 1, 1997 through such termination date, without interest, in lieu of the Tier III Retirement Plan. Effective October 1, 2002, Tier 2 of the retirement plan shall be eliminated and all employees in Tier 2 of the retirement plan shall be placed in Tier 3. WCE -52- 2005-2008 MOU SECTION 26 - TRAINING REIMBURSEMENT Employees in Tier 2 with ten (10) or more years of County/District service, will be eligible to participate in the County's buy back program. Employees may replace Tier 2 benefits with Tier 3 benefits as follows: 1. Employee buys back two (2) years, County will buy back one (1) year for a total of three (3) years of buyback. 2. Employee buys back four (4) years, County will buy back two (2) years for a total of six (6) years of buyback. 3. Employee buys back six (6) years, County will buy back three (3) years for a total of nine (9) years of buyback. SECTION 26 -TRAINING REIMBURSEMENT The County Administrative Bulletin on Training shall govern reimbursement for training and shall limit reimbursement for career development training to $750 per fiscal year, except as otherwise provided in the supplemental sections of this MOU. Registration and tuition fees for career development education may be reimbursed for up to fifty percent (50%) of the employee's net cost. Books necessary for courses taken for career development education may be reimbursed for up to one hundred percent (100%) of the employee's net cost. SECTION 27 - MILEAGE REIMBURSEMENT A. Reimbursement for Use of Personal Vehicle. The mileage allowance for use of personal vehicles on County business shall be paid according to the rates allowed by the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the Internal Revenue Service, whichever is later. B. Charge for Use of Home Garaged County Vehicle. Employees hired after July 1, 1994 who are assigned vehicles to garage at home will be charged the IRS mileage rate for all commute miles driven outside the limits of Contra Costa County that exceed thirty (30) miles round-trip in any one day. SECTION 28 - PERSONNEL FILES An employee shall have the right to inspect and review any official record(s) relating to his or her performance as an employee or to a grievance concerning the employee which is kept or maintained by the County in the employee's personnel file in the Human Resources Department or in the employee's personal history file in their department. The employee's union representative, with written authorization by the employee, shall also have the right to inspect and review any official record(s) described above. The contents of such records shall be made available to the employee and/or the employee's union representative, for inspection and review at reasonable intervals during the regular business hours of the County. Employees shall be permitted to review their personnel files at the Personnel office during their work hours. For those employees whose work hours do not coincide with the County's business hours, management shall provide a copy of the employee's personnel file for their review. The custodian of records will certify that the copy is a true and correct copy of the original file. The County shall provide an opportunity for the employee to respond in writing to any information which is in the employee's personnel file about which he or she disagrees. Such response shall become a permanent part of the employee's personnel record. The employee shall be responsible for providing the written responses to be included as part of the employee's permanent personnel record. WCE -53- 2005-2008 MOU SECTION 29. - PROFESSIONAL DEVELOPMENT All documents pertaining to disciplinary actions shall be placed in an official personnel file maintained by the Human Resources Department or in an official personnel file maintained by their department. Copies of written reprimands or memoranda pertaining to an employee's unsatisfactory performance which are to be placed in the employee's personnel file shall be given to an employee who shall have the right to respond in writing to said documents. Letters of reprimand are subject to the grievance procedure but shall not be processed past Step 3 unless said letters are used in a subsequent discharge, suspension or demotion of the employee. Copies of letters of commendation which are to be placed in the employee's personnel file will be given to the employee. Employees have the right to review their official personnel files which are maintained in the Human Resources Department or by their department. In a case involving a grievance or disciplinary action, the employee's designated representative may also review his/her personnel file with specific written authorization from the employee. SECTION 29 - PROFESSIONAL DEVELOPMENT 29.1 Professional Development Reimbursement. Each full-time employee shall be eligible to claim up to $800.00 for the two (2) year period, starting January 1, 2006. All eligible employees will be allowed reimbursement under this Section. Effective January 1, 2008, each full-time employee shall be.eligible to claim up to $850.00 for a two (2) year period and will be allowed reimbursement under this Section. Allowable expenses include the following activities and materials directly related to the profession in which the individual is.engaged as a County employee: a. Membership dues to professional organizations. b. Registration fees for attendance at professional meetings, conferences, and seminars. C. Books,journals, and periodicals. d. Tuition and textbook reimbursement for accredited college or university classes. e. Professional license and renewal fees for any engineer with a license or for any professional certification related to the job. f. Application and examination fees for registration as a professional engineer, architect, or engineer-in-training. g. Certain job-related instruments, computer software and computer hardware from a standardized County approved list or with Department Head approval, provided each Engineer complies with the provisions of the Computer Use and. Security Policy adopted by the Board of Supervisors and manuals. Exclusions: Items specifically not authorized for purchase with these funds include,but are not necessarily limited to the following: a. Health program memberships and physical fitness equipment. b. Equipment or supplies not specifically required for or directly related to participation in a professional conference, seminar or workshop. WCE -54- 2005-2008 MOU C. General office supplies. d. Magazine subscriptions, newspapers, periodicals, or journals or general circulation such as Time, Newsweek, Press Democrat Newspaper, etc. e. Time planners or calendar-type books. 29.2 Continuing Education Allowance. Employees in classifications represented by the Western Council of Engineers shall be eligible to receive a 2.5% Continuing Education Allowance effective the first of the month following adoption of the Memorandum of Understanding by the Board of Supervisors. The employee must annually complete at least sixty (60) hours of approved education or training or at least three (3) semester units of department approved college credit or approved combination thereof. 29.3 Professional Examination Time Off. Effective July 1, 1992 employees will be permitted, one time only during their career with the County, to be granted release time with pay to participate in any part of the examination for Professional Engineer, Land Surveyor or Architect. Specific language to be developed. SECTION 30 - FLEX-TIME It is understood that Resolution No. 75/1037 pertaining to flex-time may be applied to the Professional Engineers Unit as well as other County employees. Nothing contained in this MOU prohibits the Department Head from implementing a flex-time system for employees in the Professional Engineers Unit. The Department Head, prior to implementation, shall discuss the implementation of any flex-time system involving employees represented by the Western Council of Engineers with the Council. Then the department shall determine if said flex-time is feasible following a trial period and then shall submit the plan to the County Administrator for approval. Upon written request to the Labor Relations Manager, Western Council of Engineers may request to meet with the Department Head for the purpose of proposing an alternate flexible work schedule. SECTION 31 - BOOK REIMBURSEMENT The County agrees to reimburse members of the Professional Engineers Unit for the full cost of books purchased when the books are required for job related training for which the employee receives full reimbursement of registration fees and/or tuition. SECTION 32 -SAFETY SHOES AND PRESCRIPTION SAFETY EYEGLASSES The County shall reimburse employees for safety shoes and prescription safety eyeglasses in those classifications the County has determined are eligible for such reimbursement. For each two (2) year period starting January 1, 2006, eligible employees will be allowed reimbursement for the purchase and repair of safety shoes, and the purchase of toes guards, up to a maximum of two hundred and seventy-five dollars ($275) There is no limitation on the number of shoes or toe guards, or number of repairs allowed. The County will reimburse eligible employees for up to one (1) pair per year of prescription safety eyeglasses which are approved by the County and are obtained from such establishment as required by the County. The County agrees to modify the prescription safety glasses allowance to reflect an additional $20 allowance annually for lenses, and an additional $10.00 allowance annually towards the purchase of safety frames. WCE -55- 2005-2008 MOU SECTION 33 = SERVICE AWARDS Additionally, the County will modify the current contract with Vendor to allow employees to upgrade to Featherwate Lens Types (High Impact). Any additional cost for current contract upgrades or Featherwate lens types (High Impact) upgrades that exceeds the County allowance as noted above will be borne by the employee. SECTION 33 -SERVICE AWARDS The County shall continue its present policy with respect to service awards including time off; provided, however, that the type of award given shall be at the sole discretion of the County. The following procedures shall apply: a. Presentation Before the Board of Supervisors. An employee with twenty (20) or more years of service may go before the Board of Supervisors to receive his/her Service Award. When requested by a department, the Human Resources Department will make arrangements for the presentation ceremony before the Board of Supervisors and notify the department as to the time and date of the Board meeting. b. Service Award Day Off. Employees with fifteen (15) or more years of service are entitled to take a day off with pay at each five (5) year anniversary. SECTION 34 - REIMBURSEMENT FOR MEAL EXPENSES Employees shall be reimbursed for meal expenses under the following circumstances and in the amount specified: a. When the employee is required by his/her Department Head to attend a meeting concerning County business or County affairs. b. When the employee is required to be out of his/her regular or normal work area during a meal hour because of a particular work assignment. C. When the employee is required to stay over to attend consecutive or continuing afternoon and night sessions of a board or commission. d. When the employee is required to incur expenses as host for official guests of the County, work as members of examining boards, official visitors, and speakers or honored guests at banquets or other official functions. e. When the employee is required to work three (3) or more hours of overtime or if the employee is scheduled to work overtime with less than twenty-four (24) hours notice; in this case he or she may be reimbursed in accordance with the Administrative Bulletin on Expense Reimbursement. Meal costs will be reimbursed only when eaten away from home or away from the facility in the case of employees at twenty-four (24) hour institutions. Procedures and definitions relative to reimbursement for meal expenses shall be in accordance with the Administrative Bulletin on Expense Reimbursement. SECTION 35 - PERSONAL PROPERTY REIMBURSEMENT The loss or damage to personal property of employees is subject to reimbursement under the following conditions: WCE -56- 2005-2008 MOU SECTION 36 - LENGTH OF SERVICE DEFINITION a. The loss or damage must result from an event which is not normally encountered or anticipated on the job and which is not subject to the control of the employee. b. Ordinary wear and tear of personal property used on the job is not compensated. C. Employee tools or equipment provided without the express approval of the department head and automobiles are excluded from reimbursement. d. The loss or damage must have occurred in the line of duty. e. The loss or damage was not a result of negligence or lack of proper care by the employee. f. The personal property was necessarily worn or carried by the employee in order to adequately fulfill the duties and requirements of the job. g. The loss or damage to employees eyeglasses, dentures or other prosthetic devices did not occur simultaneously with a job connected injury covered by workers' compensation. h. The amount of reimbursement shall be limited to the actual cost to repair damages. Reimbursement for items damaged beyond repair shall be limited to the actual value of the item at the time of loss or damage but not more than the original cost. i. The burden of proof of loss rests with the employee. j. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation for Loss or Damage to Personal Property. SECTION 36 - LENGTH OF SERVICE DEFINITION The length of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary, provisional, and permanent status, and absences on approved leave of absence). When an employee separates from a permanent position in good standing and within two years is reemployed in a permanent County position or is reemployed in a permanent County position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation. The Human Resources Director shall determine these matters based on the employee status records in his department. SECTION 37 - PERMANENT PART-TIME EMPLOYEE BENEFITS Permanent part-time employees receive prorated vacation and sick leave benefits. They are eligible for health, dental and life insurance benefits at corresponding premium rates providing they work at least fifty percent (50%) of full time. If the employee works at least fifty percent (50%) of full time, County retirement participation is also included. SECTION 38 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. SECTION 39 - PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN WCE -57- 2005-2008 MOU SECTION 40 - PROVISIONAL EMPLOYEE BENEFITS 39.1 A permanent-intermittent employee represented. by Western Council of Engineers may participate in the County Group Health Plan of combined medical, dental and life insurance coverage wholly at the employee's expense. The County will not contribute to the employee's monthly premium. The employee will be responsible for paying the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and immediate withdrawal from the County Group Health Plan and reinstatement may only be effectuated during the annual open enrollment period. 39.2 Effective one hundred and twenty (120) days after all Coalition Employee Organizations have signed their respective Letters of Understanding, the following benefit program shall be offered to permanent-intermittent employees: a. Program. The County shall offer CCHP Plan A-2 at the subvention rate of sixty- four percent (64%) of the cost of the premium for a single individual, to those permanent-intermittent employees who meet and maintain eligibility. b. Eli ibili Initial eligibility shall be achieved when an employee has worked three (3) continuous months of service at an average of fifty percent (50%) time per. month. In order to maintain eligibility, a permanent-intermittent employee must remain in paid status during each successive month. C. Pre-Pay. Employees who have achieved eligibility under the terms of 39.2b will pre-pay the employee's portion of the premium cost so that the effective date of enrollment begins effective the first of the month of eligibility. Employees must continue to pre-pay their portion of the health insurance premium in order to continue benefits. In addition, employees who meet the eligibility requirements and who have been voluntarily paying for a county group health program shall be allowed to enroll in CCHP Plan A-2 without a waiting period. d. Family Coverage. Employees may elect to purchase at their own expense, family coverage, including domestic partner, and shall follow the procedures outlined in c. above for payment for this optional coverage. e: Implementation. There shall be a sixty (60) day Open Enrollment period with the. initial date of coverage effective August 1, 2000. Subsequent Open Enrollment periods shall be for thirty (30) days and coincide with the open enrollment period for County employees beginning in 2001. Permanent-intermittent employees who are not currently eligible, but who subsequently meet the eligibility requirements, shall be notified of their eligibility and shall have thirty (30) days to decide whether or not to elect coverage under this program. f. Employees who are temporarily ineligible may purchase, at their own cost, the plan in accordance with the procedures set forth by the Contra Costa County Health Plan. Nothing in Section 39.2 shall prevent an employee from electing health coverage under either Section 39.1 or Section 39.2 SECTION 40 - PROVISIONAL EMPLOYEE BENEFITS Provisional employees, who are not permanent employees of the County immediately prior to their provisional appointment, are eligible for vacation and sick leave benefits. Provisional employees may participate in the County Group Health Plan of combined medical, dental and life insurance coverage wholly at the employee's expense. The County will not contribute to the employee's monthly premium. The employee will be responsible for paying the WCE -58- 2005-2008 MOU SECTION 41 - REGISTRATION DIFFERENTIAL monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and immediate withdrawal from the County Group Health Plan and reinstatement may only be effectuated during the annual open enrollment period. SECTION 41 - REGISTRATION DIFFERENTIAL The County shall pay a 2.5% differential for the following classifications that possess a license as a professional engineer: Public Works: Engineer— Entry Level & Engineer—Journey Level Health Services: Accidental Release Prevention (ARP) Engineer and Accidental Release Prevention (ARP) Engineer- Entry SECTION 42 - MALPRACTICE COVERAGE The County's obligation to defend and indemnify its employees is prescribed by California Government Code Sections 825 et seq. and 995 et seq. This Section shall be enforceable only at law in accordance with the applicable law, but shall not be subject to the grievance provisions of this MOU. SECTION 43 - DEPENDENT CARE SALARY CONTRIBUTION Subject to the applicable provisions of the Internal Revenue Service, employees may contribute up to five thousand dollars ($5,000) each calendar year from their salaries for approved dependent care; only eligible employees may contribute for such expenses; there is no County contribution for dependent care. Reimbursements are made on a monthly basis subject to submission of itemized statements, adequate accumulation of the salary contribution, proof of payment, and applicable County administrative procedures. SECTION 44 -SPECIAL STUDIES 44.1 Attendance Program. There shall be convened a Labor-Management Committee to develop an attendance program for County employees. 44.2 Grievance Procedure. Representatives of the County shall meet and confer with representatives of the Labor Coalition in order to develop rules and guidelines governing the conduct and administration of Adjustment Boards. 44.3 Wellness Incentive Program. A broad-based pilot Wellness Incentive Program will be developed with input from the joint Labor/Management Wellness Committee. The purpose of this program will be to reward County employees with incentives for participating in Wellness Program activities and encourage them to live healthier lifestyles. The Wellness Committee will work closely with the Human Resources Department on program design and implementation. Program Design. The Wellness Incentive Program design will include the development of additional wellness activities to compliment the current Employee Wellness Program schedule and collaboration with health plan carriers to develop special programs and activities for County employees and to encourage participation in their established wellness activities. Special emphasis will be placed on supporting major programs such as: Smoking Cessation, Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings and Health Fairs. Format. A point value system for program participation will be developed wherein each wellness activity and program will be assigned a point value. Points will accumulate and incentive prizes will be awarded to employees upon realizing certain point levels. The value of the prizes will WCE _59- 2005-2008 MOU SECTION 45 - ADOPTION increase with higher point values and one (1) grand prize will be awarded each year to the employee with the highest number of points. Incentives. A series of incentive prizes will be assigned to certain point values. In addition, recognition for employee and department participation will be an important aspect of the Wellness Incentive Program. Referral. The parties agree to refer the contents of this proposal to the Wellness Committee for its consideration. 44.4 Differentials. The County and the Labor Coalition agree to establish a Labor/Management Committee comprised of five (5) Labor and five (5) Management employees to study and recommend actions necessary to standardize payment and application of differentials including, but not limited to, proration for less than full-time employees; the length of payment while on paid sick leave or disability and consistency between percent-based vs. flat- payment differentials. 44.5. Ergonomic Evaluation. A member of the Risk Management staff is available to assess work stations at the employee's request. Both the employer and the employee agree to follow recommendations made by Risk Management or other professionals who assess the work station in accordance with Administrative Bulletin 426. 44.6 Safety Committee. Departments without a Safety Committee shall establish a committeewithin ninety (90) days of the effective date of this agreement. The Union shall appoint all labor representatives to the Committee: All Safety Committees shall schedule their meetings. SECTION 45 -ADOPTION The provisions of this MOU shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions,:said provisions shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. SECTION 46 -SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS 46.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject.to meet and confer. Neither party shall, during the term of this MOU demand any change herein, provided that nothing herein shall prohibit.the parties from changing the terms of this MOU by mutual agreement. The Union understands and agrees that the County is not obligated to meet and confer regarding wages, hours or conditions of employment during the term of this extended agreement, except as otherwise required.by law. 46.2 Separability of Provisions. Should any section, clause or provision of this MOU be declared illegal, unlawful, or unenforceable, by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. 46.3 Personnel Management Regulations. Where a specific provision contained in a section of this MOU conflicts with a specific provision contained in a-section of the Personnel Management Regulations, the provision of this MOU shall prevail. Those provisions of the WCE _60- 2005-2008 MOU SECTION 47 - UNFAIR LABOR PRACTICE Personnel Management Regulations within the scope of representation which are not in conflict with the provisions of this MOU and those provisions of the Personnel Management Regulations which are not within the scope of representation shall be considered in full force and effect. 46.4 Duration of Agreement. This Agreement shall continue in full force and effect from October 1, 2005 to and including September 30, 2008. Said Agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other prior to sixty (60) days from the aforesaid termination date of its intention to amend, modify or terminate the Agreement. SECTION 47 - UNFAIR LABOR PRACTICE Either the County or the Council may file an unfair labor practice as defined in Chapter 34-22 of Board Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties, may be heard by a mutually agreed upon impartial third party. DATE: CONTRA COSTA COUNTY WCE WCE -61 - 2005-2008 MOU WESTERN COUNCIL OF ENGINEERS ATTACHMENTS A - PROJECT POSITIONS B - CLASS & SALARY LISTING C - INCORPORATE DEEP CLASS & FLEXIBLY STAFFED RESOLUTIONS EXHIBITS A - SEPTEMBER 30, 2005 - MEDICAL/DENTAL/LIFE INSURANCE ADJUSTMENTS COALITION SETTLEMENT AGREEMENT ATTACHMENT A PROJECT POSITIONS The Western Council of Engineers and the County have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for employees in project classes which except for the project designation would be represented by Western Council of Engineers. For example, Assistant Architectural Engineer is represented by Western Council of Engineers, therefore, it has been agreed that Assistant Architectural Engineer-Project will also be represented by Western Council of Engineers. Other project classes that are not readily identifiable as properly included in bargaining units represented by Western Council of Engineers, shall be assigned to bargaining units in accordance with the provisions of Section 34-12 of Board Resolution No. 81/1165. The Council and the County understand that the meet and confer process with respect to the conditions of employment for project classifications is unique and therefore differs from other regular classes represented by Western Council of Engineers in the following respects: 1 . Project employees are not covered by the Merit System. 2. Project employees may be separated from service at any time without regard to the provisions of this Memorandum of Understanding, without right of appeal or hearing or recourse to the grievance procedure specified herein. 3. Any provision of this Memorandum of Understanding which pertains to layoff or seniority are not applicable to project employees. ATTACHMENT B Western Council of Engineers Class & Salary Listing Effective October 1, 2005 Flex Staff(F)/ Class Code Class Title Deep Class (D) Min Salary Max Salary V4SF ARP ENGINEER F $6,256.51 $7,604.83 NKXC ENGINEER-ENTRY LEVEL D- Res#99/130 $5,017.43 $5,964.15 NKXD ENGINEER-JOURNEY LEVEL D- Res#99/130 $5,539.66 $7,268.51 NKXE ENGINEER-PROJECT D - Res#99/130 $6,901.52 $7,808.44 ATTACHMENT C Tentative Agreement LABOR PROPOSAL NO, 21 2005 COALITION NEGOTIATIONS Presented: August 3, 2006 LOCAL #1 MOU LOCAL #1 FACS UNIT MOU AFSCME LOCAL 512 MOU AFSCME LOCAL 2700 MOU WCE MOU PDOCC MOU Incorporate Deep Class and Flexibly Staffed Resolutions For all affected labor organizations, the County shall identify in the MOUs which classes are subject to a Deep Class or Flexibly Staffed Resolution and identify the resolution by number. Date: 3 Q FOR THE COUNTY: FOR THE COALITION: -A CQ rI I n, Clcirc.ti� ' J9 6L 3: . VLrl t- 1 Page 1 of 1 EXHIBIT A WCE LABOR COALITION—2005 NEGOTIATIONS Local#1 MOU Local#1 FACS Unit MOU AFSCME Local 512 MOU AFSCME Local 2700 MOU SEW Local 535 RANK& FILE MOU SEW Local 535 SUPERVISORY MOU WCE MOU PDOCC MOU MEDICAL/DENTAULIFE INSURANCE ADJUSTMENTS Coverages Offered The County offers the following plans: Contra Costa Health Plans (CCHP)A & B, Kaiser, HealthNet HMO, HealthNet PPO, Delta and PMI Delta Care Dental. Co-Pays Effective January 1, 2007 the co-pays will increase as follows: CCHP A: No change CCHP B: No change _KAISER: $10 Office Visit $10 Generic RX $20 Brand RX $10 Emergency Room HEALTHNET HMO & PPO: $10 Office Visit $10 Generic RX $20 Formulary RX $35 Non-Formulary RX $25 Emergency Room Delta Dental Plan Enhancements Effective January 1, 2007 dental sealants will be provided to eligible dependent children in accordance with the provisions under the Delta Dental Plan, Life Insurance Effective January 1. 2007 increase coverage from $7500 to$10.000 for emplovees enrolled in either a health and/or dental plan. The County shall provide the health and dental plans subventions as follows: HEALTH PLAN SUBVENTION: CCHP A: 98% CCHP B: 90% KAISER: 80% EXHIBIT A WCE HEALTHNET HMO: 80% HEALTHNET PPO: 2006 60.82%-The County and Coalition will equally share (50/50)the amount of any premium increases 2007 59.39% -The County and Coalition will equally share (50/50)the amount of any premium increases DENTAL PLAN SUBVENTION: Delta Dental/CCHP A/B 98% PMI Dental Care/CCHP A/B 98% Delta Dental 78% PMI Delta Dental 78%at 3 year rate guarantee Dental Only County pays all but$,01 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND SOCIAL SERVICES UNION, LOCAL 535 SERVICE LINE SUPERVISORS UNIT OCTOBER 1 , 2005 - SEPTEMBER 30, 2008 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND SOCIAL SERVICES UNION, LOCAL 535 SERVICE LINE SUPERVISORS UNIT This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of the Contra Costa County Board of Supervisors Resolution 81/1165 and has been jointly prepared by the parties. .The Employee Relations Officer(County Administrator)is the representative of Contra Costa County in employer-employee relations matters as provided in Board Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Union is the recognized representative, have freely exchanged information,opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. This MOU shall be presented to the Contra Costa County Board of Supervisors as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1, 2005 and ending September 30, 2008. DEFINITIONS DEFINITIONS Appointing Authority: Department Head unless otherwise provided by statute or ordinance. Class: A group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group. Class Title: The designation given to a class, to each position allocated to the class, and to the employees allocated to the class. County: Contra Costa County. Demotion:The change of a permanent employee to another position in a class allocated to a salary range for which the top step is lower than the top step of the class which the employee formerly occupied except as provided for under Transfer or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classifications. Director of Human Resources:The person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. Eligible: Any person whose name is on an employment or reemployment or layoff list for a given classification. Employee:A person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this MOU and whose position is held pending his/her return. Employment List: A list of persons, who have been found qualified for employment in a specific class. Layoff List: A list of persons who have occupied positions allocated to a class in the Merit System and who have been involuntarily separated by layoff or displacement,or demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement, or have transferred in lieu of layoff or displacement. Permanent-Intermittent Position:Any position which requires the services of an incumbent for an indefinite period but on an intermittent basis, as needed, paid on an hourly basis. Permanent Part-Time Position:Any position which will require the services of an incumbent for an indefinite period but on a regularly scheduled less than full time basis. Permanent Position: Any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. Proiect Employee:An employee who is engaged in a time limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenues. Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee SEW 535 SLS - 2 2005-2008MOU SECTION 1 - UNION RECOGNITION formerly occupied,except as provided for under Transfer or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classes. Position: The assigned duties and responsibilities calling for the regular full time, part-time or intermittent employment of a person. Reallocation: The act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five percent (5%) of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. Reclassification: The act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind,difficulty or responsibility of duties performed in such position. Reemployment List: A list of persons, who have occupied positions allocated to any class in the Merit System and, who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. Resignation:The voluntary termination of permanent service with the County from a position in the Merit System. Temporary Employment:Any employment in the merit system which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. Transfer:The change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on the salary plan that is within five percent(5%)at top step as the class previously occupied by the employee. Union: Social Services Union Local 535, Service Line Supervisors Unit. SECTION 1 - UNION RECOGNITION The Union is the formally recognized employee organization for the Social Service First Line Supervisors' Representation unit and such organization has been certified as such pursuant to Chapter 34-12 of Board Resolution 81/1165. SECTION 2 - UNION SECURITY 2.1 Dues Deduction. Pursuant to Board Resolution No. 81/1165, only a majority representative may have dues deduction and as such the Union has the exclusive privilege of dues deduction or agency fee for all employees in its units. 2.2 Agency Shop. A. The Union agrees that it has a duty to provide fair and nondiscriminatory representation to all employees in the units for which this section is applicable regardless of whether they are members of the Union. SEW 535 SLS - 3 - 2005-2008MOU SECTION 2 - UNION SECURITY B. All employees employed in a representation unit on orafter the effective date of this MOO and continuing until the termination of the MOU, shall as a condition of. employment either: 1. Become and remain a member of the Union or; 2. Pay to the Union, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during. the duration of this MOU. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. Do both of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. pay a sum equal to the agency shop fee described in Section 2.2.13.2 to a non-religious,non-labor,charitable fund chosen by the employee from the following charities: Family & Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. C. The Union shall provide the County with a copy of the Union's Hudson Procedure for the determination and protest of its agency shop fees. The Union shall provide a copy of said Hudson Procedure to every fee payer covered by this MOU within one month from the date it is approved and annually thereafter,and as a condition to any change in the agency shop fee. Failure by a fee payer to invoke the Union's Hudson Procedure within one month after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee. D. The provisions of Section 2.2.8.2 shall not apply during periods that an employee,is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit.The term separation includes transfer out of the unit, layoff, and leave of absence with a duration of more than thirty (30)days. E. Annually, the Union shall provide the Director of Human Resources with copies of the financial report required pursuant to the Labor Management Disclosure Act of 1959. Such report shall be available to employees in the unit. Failure to file such a report within sixty (60) days after (June 30). shall result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed.. F. Compliance. 1. An employee employed in or hired into a job class represented by the Union shall be provided with an Employee Authorization for Payroll Deduction form by the Human Resources Department. , 2. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and the Union SEW 535 SLS - 4 - 2005-2008MOU SECTION 2 - UNION SECURITY dues,agency shop fee,initiation fee or charitable contribution required under Section 2.2.13.3 are not received, the Union may, in writing, direct that the County withhold the agency shop fee and the initiation fee from the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Union. G. The Union shall indemnify, defend, and save the County harmless against any and all claims,demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this Union security section,or action taken or not taken by the County under this Section.This includes,but is not limited to,the County's Attorneys' fees and costs. The provisions of this subsection shall not be subject to the grievance procedure. H. The County Human Resources Department shall monthly furnish a list of all new hires to the Union. I. In the event that employees in a bargaining unit represented by the Union vote to rescind Agency Shop,the provisions of Section 2.3,2.4,and 2.5 shall apply to dues- paying members of the Union. 2.3 Maintenance of Membership. All employees represented by the Union who are currently paying dues to the Union and all employees in such unit who hereafter become members of the Union shall as a condition of continued employment pay dues to the Union for the duration of this MOU and each year thereafter so long as the Union continues to represent the classification to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.4. 2.4 Union Dues Form. Employees hired into classifications represented by the Union shall,as a condition of employment at the time of employment,complete a Union dues authorization card provided by the Union and shall have deducted from their paychecks the membership dues of the Union. Said employees shall have thirty(30)days from the date of hire to decide if they do not want to become a member of the Union. Such decision not to become a member of the Union must be made in writing to the Auditor-Controller with a copy to the Labor Relations Division within said thirty (30) day period. If the employee decides not to become a member of the Union, any Union dues previously deducted from the employee's paycheck shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to the Union. If the employee does not notify the County in writing of the decision not to become a member within the thirty(30) day period, he/she shall be deemed to have voluntarily agreed to pay the dues of the Union. Each such dues authorization form referenced above shall include a statement that the Union and the County have entered into an MOU,that the employee is required to authorize payroll deductions of Union dues as a condition of employment,and that such authorization may be revoked within the first thirty(30)days of employment upon proper written notice by the employee within said thirty(30) day period as set forth above. Each such employee shall,upon completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his or her right to revoke said authorization. 2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Department in writing, between August 1, 2005 and August 31, 2005 any employee assigned to a classification represented by the Union may withdraw from Union membership and discontinue paying dues as of the payroll period commencing September 1, 2005 discontinuance of dues payments to then be reflected in the October 10, 2005 paycheck. Immediately upon close of the above mentioned thirty SEW 535 SLS - 5 - 2005-2008MOU SECTION 2 - UNION SECURITY (30) day period the Auditor-Controller shall submit to the Union.a list of the employees who have rescinded their authorization for dues deduction. 2.6 Communicating With Employees. The Union shall be allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of offices in which there are employees represented by the Union, provided the communications displayed have to do with matters within the scope of representation and further provided that the employee organization appropriately posts and removes the information. The department head reserves the right to remove objectionable materials.after notification and discussion with the Union. Representatives of the Union, not on County time,shall be permitted to place a supply of employee literature at specific locations in County buildings if arranged through the Department Head or designated representative; said representatives may distribute employee organization literature in work areas(except work areas not open to the public)if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on-duty employees. The Union shall be allowed access to work locations in which it represents employees for the following purposes: a. To post literature on bulletin boards; b. to arrange for use of a meeting room; C. to leave and/or distribute a supply of literature as indicated above; d. to represent an employee on a grievance, and/or to contact a Union officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason for the visit,will be made with the departmental representative in charge of the work area,and the visit will not interfere with County services. 2.7 Use.of County Buildings. The Union shall be allowed the use of areas normally used for meeting purposes for meetings of County employees during non-work hours when: a. Such space is available and its use by the Union is scheduled twenty-four(24)hours in advance; b. there is no additional cost to the County; C. it does not interfere with normal County operations; d. employees in attendance are not on duty and are not scheduled for duty; e. the meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Unionshall maintain properorder at the meeting,and see that the space is left in a clean and orderly condition. SOU 535 SLS - 6 - 2005-2008MOU The use of County equipment(other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even though it may be present in the meeting area. 2.8 Advance Notice. The Union shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions designated by the Board, and to meet with the body considering the matter. On matters within the scope of representation the County agrees that the Human Resources Department will notify a Union's designee(s) when an issue within the scope of representation is placed on the Board's agenda. If there is insufficient time to meet and confer on an issue prior to the Board's meeting, the item shall be deferred if so requested by the Union. In cases of emergency when the Board, or boards and commissions designated by the Board, determines it must act immediately without such notice.or meeting, it shall give notice and opportunity to meet as soon as practical after its action. 2.9 Written Statement for New Employees.The County will provide a written statement to each new employee hired into a classification which is in the Social Service First Line Supervisors Unit that their classification is represented by Local 535,and the name of a representative of Local 535. The County shall provide an opportunity for the Union to make a fifteen (15) minute presentation at the end of the Human Resources Department's new employee orientation meetings. SECTION 3 -NO DISCRIMINATION There shall be no discrimination because of race,creed,color, national origin,political opinion,sex, sexual orientation, or Union activities against any employee or applicant for employment by the County or by anyone employed by the County;and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age or physical disability. SECTION 4 -SHOP STEWARDS AND OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetings. Employees designated as shop stewards or official representatives of the Union shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: a. If their attendance is required by the County at a specific meeting; b. if their attendance is sought by a hearing body for presentation of testimony or other reasons; C. if their attendance is required for meetings required for settlement of grievances filed pursuant to Section 25 - Grievance Procedure of this MOU; d. if they are designated as a shop steward, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance; e. if they are designated as spokesperson or representative of the Union and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's work station or assignment are made with the appropriate SEW 535 SLS " 7 , 2005-2008MOU SECTION 5 - SALARIES department head or designee; and the County agency calling the meeting is responsible for determining that the attendance of the particular employees) is required. 4.2 Union Representatives. The Union shall designate.three (3)representatives who shall be allowed time off on County time up to five (5) hours per week per representative, for meetings during regular working hours when formally meeting and conferring in good-faith or consulting with the Employee Relations Officer or other management representatives on matters within the scope of representation or for the reasons as provided in 4.1.a-e. above. In order to minimize disruptions due to the representative's absence,the representative will coordinate known work assignments with his/her Division Manager; and, to the extent possible, the Department will coordinate events.within the representative's scope of responsibility which may arise during the representative's absence. 4.3 Social Service Office Stewards.The Union may designate three(3)stewards in the Department of Employment & Human Services who may be allowed to attend meetings held on County time for the purposes provided in 4.1.d above. In order to minimize disruptions due to the steward's absence, the steward will coordinate known work assignments with his/her Division Manager;,and, to the extent possible, the Department will coordinate events within the steward's scope of responsibility which may arise during the steward's absence. 4.4 Department Notification.The Union shall notify in writing the Department Head or designee of those persons designated as official representatives and as stewards and.of any changes of such designations when made. SECTION 5 -SALARIES 5.1 General Wage Increases A. The following wage schedule is effective for employees represented by SEIU Local 535: July 1, 2007 2% increase July 1, 2008 2% increase Employees who did not receive a negotiated wage increase during FY 05/06 and were employed on January 1,2006 and are currently employed upon adoption of the MOU by the Board of Supervisors, will receive a one payment of$1500 prorated for permanent part-time, permanent intermittent, and temporary employees. The proration will be based on $.72/hour for each straight time hour worked or in paid status during the period July 1, 2005 to June 30, 2006. Payment of this one-time lump sum payment will be made on the November 10, 2006 paycheck. 5. 2 Entrance Salary.New employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position a step above the minimum of the range. 5. 3 Anniversary Dates. Except as may otherwise be provided for in deep class resolutions,anniversary dates will be set as follows: .,a. New Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee successfully completes SEW 535-SLS - 8 , 2005-2008MOU SECTION 5 - SALARIES six (6) months service provided however, if an employee began work on the first regularly scheduled workday of the month the anniversary date is the first day of the calendar month when the employee successfully completes six(6)months service. b. Promotions. The anniversary date of a promoted employee is determined as for a new employee in Subsection 5.3.a above. C. Demotions. The anniversary of a demoted employee is the first day of the calendar month after the calendar month when the demotion was effective. d. Transfer, Reallocation and Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary range or to a salary range which is within five percent (5%) of the top step of the previous classification, remains unchanged. e. Reemployments. The anniversary of an employee appointed from a reemployment list to the first step of the applicable salary range and not required to serve-a probation period is determined in the same way as the anniversary date is determined for a new employee who is appointed the same date, classification and step and who then successfully completes the required probationary period. f. Transfer Anniversary: Notwithstanding other provisions of this Section 5, the anniversary of an employee who is appointed to a classified position from outside the County's merit system at a rate above the minimum salary for the employee's new class, or who is transferred from another governmental entity to this County's merit system, is one (1) year from the first day of the calendar month after the calendar month when the employee was appointed or transferred; provided however, when the appointment or transfer is effective on the employee's first regularly scheduled work day of that month,his/her anniversary is one(1)year after the first calendar day of that month. 5. 4 Increments Within Range. The performance of each employee, except those employees already at the maximum salary step of the appropriate salary range,shall be reviewed on the anniversary date as set forth in Section 5.3 to determine whether the salary of the employee shall be advanced to the next higher step in the salary range.Advancement shall be granted on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee.The appointing authority may recommend denial of the increment or denial subject to one additional review at some specified date before the next anniversary which must be set at the time submitted by the Appointing Authority. Except as herein provided,increments within range shall not be granted more frequently than once a year, nor shall more than one (1)step within-range increment be granted at one time, except as otherwise provided in deep class resolutions. In case an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review at some date before the next anniversary the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the County. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible,said advancement shall be made retroactive to the first of the month when eligible. 5. 5 Part-Time Compensation.A part-time employee shall be paid a monthly salary in the same ratio to. the full time monthly rate to which the employee would be entitled as a full time SEW 535 SLS - 9 - 2005-2008MOU SECTION 5.- SALARIES 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. The Department of Employment&Human Services shall give reasonable consideration to requests for part-time assignments. 5.6 Compensation for Portion of Month. Any employee who works less than any full calendar month, except when on earned vacation or authorized sick leave, shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis. 5. 7 Position Reclassification.An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule as is the class of the position before it was reclassified, shall be paid at the same step of the range as the employee received under the previous classification. An incumbent of a position which is reclassified to a class which is allocated to a lower range of the basic salary schedule shall continue to receive the same salary as before the reclassification, but if such salary is greater than the maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be reduced to the maximum.salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater than the range of the class of the position before it was reclassified shall be governed by the provisions of Section 5.9-Salary on Promotion. 5. 8 Salary Reallocation &Salary on Reallocation. A. In a general salary increase or decrease,an employee in a class which is reallocated to a salary range above or below that to which it was previously allocated ,when the number of steps remain the same, shall be compensated at the same step in the new,salary range the employee was receiving in the range to which the class was previously allocated. If the reallocation is from one salary range with more steps to a range with fewer steps or vice versa,the employee shall be compensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before reallocation to the top step of the old,range, but in no case shall any employee be compensated at less than the first step of the range to which the class is allocated. B. In the_event that a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the salary schedule,apart from the general salary increase or decrease described in Section 5.8A above,each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. In the event that the steps in the new range do not contain the same rates as the old range, each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range,or if the new range does not contain a higher step,at the step which'is next lower than the salary received in the old range. C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as above or below the salary range of SEW 535 SLS _ 10 - 2005-2008MOU SECTION 5 - SALARIES the employee's previous class,the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallocation. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step,the incumbent shall be placed at the step which is next lower than the salary received in the old range. D. In the event of reallocation to a deep class, the provisions of the deep class resolution and incumbent salary allocations, if any, shall supersede Section 5.8. 5. 9 Salary on Promotion. Any employee who is appointed to a position of a class allocated to a higher salary range than the class previously occupied, except as provided under Section 5.13, shall receive the salary in the new salary range which.is next higher than the rate received before promotion. In the event this increase is less than five percent(5%), the employee's salary shall be adjusted to the step in the new range which is at least five percent(5%)greater than the next higher step; provided, however,that the next step shall not exceed the maximum salary for the higher class. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off,the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in a decrease in which case the employee is appointed to the next higher step. If however,the employee is being appointed into.a class allocated to a higher salary range than the class from which the employee was laid off, the salary will be calculated from the highest step the employee achieved prior to layoff,or from the employee's current step, whichever is higher. 5.10 Salary on Appointment From a Layoff List. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off,the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in an increase of less than five percent (5%), in which case the salary shall be adjusted to the step in the new range which is five percent(5%)greater than the next higher step, if the new range permits such adjustment. 5.11 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.12, 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 lower than the salary received before demotion. In the event this decrease is less than five percent(5%),the employee's salary shall be adjusted to the step in the new range which is five percent(5%).less than the next lower step; provided, however, that the next step shall not be less than the minimum salary for the lower class.Whenever the demotion is the result of layoff,cancellation of positions or displacement by another employee with greater seniority rights,the salary of the demoted employee shall be that step on the salary range which he/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. 5.12 Salary on Voluntary Demotion.Whenever any employee voluntarily demotes to a position in a class having a salary schedule lower than that of the class from which he or she demotes, unless the Board provides otherwise by resolution,his or her salary shall remain the same if the steps in his or her new(demoted)salary range permit,and if not, new salary shall be set at the step next below former salary. 5.13 Transfer.An employee who is transferred from one position to another as described under"Transfer"shall be placed at the step in the salary range of the new class which equals the rate of pay received before the transfer. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class,the employee shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range SEW 535 SLS - 11 - 2005-2008MOU SECTION 5 - SALARIES does not contain a higher step,the employee shall be placed at the step which is next lower than the salary received in the old range. Whenever a permanent employee transfers to or from a deep class, as provided in the appropriate deep class resolution, the salary of the employee shall be set as provided in the deep class resolution at a step not to exceed a five percent (5%) increase in the employee's base salary. However, if the deep class transfer occurs to or from a deep class with specified levels identified for certain positions and their incumbents, the employee's salary in the new class shall be set in accordance with the section on "Salary on Promotion" if the employee is transferring to another class or to a level,in a deep class for which the salary is at least five percent (5%) above the top base step of the deep class level or class in which they have status currently. 5.14 Pay for Work in Higher Classification.When an employee in a permanent position in the Merit System is required to work in a classification forwhich the compensation is greater than that to which the employee is regularly assigned,the employee shall receive compensation for such work at the rate of pay established for the higher classification pursuant to Section 5.9- Salary on Promotion of this MOU, at the start of the second full day in the assignment, under the following conditions Payment shall be made retroactive after completing the first forty(40)consecutive hours worked in the higher classification. a. The employee is assigned to a program service,or activity established by the Board of Supervisors which is reflected in an authorized position which has been classified and assigned to the Salary Schedule b. The nature of the departmental assignment is such that the employee in the lower classification performs a majority of the duties and responsibilities of the position of, the higher classification. C. Employees selected for_the assignment will normally be expected to meet the minimum qualifications for the higher classification. d. The County shall make reasonable efforts to offer out of class assignments to all interested employees on a voluntary basis. Pay for work in a,higher classification shall not be utilized as a substitute for regular promotional procedures provided in this MOU. e. The appropriate authorization form has been submitted by the Department Head at . least fifteen (15)days prior to the expiration of the seventeen (17)day waiting period and approved by the County Administrator. f. Higher, pay assignments shall not exceed six (6) months except through reauthorization. g. If approval is granted for pay for work in a higher classification and the assignment is terminated and later re-approved for the same employee within one hundred eighty (180) days, no additional waiting period will be required. h. Any incentives(e.g.,the education incentive)and special differentials(e.g.,bilingual differential and hazardous duty differential) accruing to the employee in his/her permanent position shall continue. L During the period of work for higher pay in a higher classification, an employee will retain his/her permanent classification,and anniversary and salary review dates will SEW 535 SLS - 12 - 2005-2008MOU SECTION 5 - SALARIES be determined by time in that classification; except that if the period of work for higher pay in a higher classification exceeds one year continuous employment, the employee, upon satisfactory performance in the higher classification,shall be eligible for a salary review in that class on his/her next anniversary date. Notwithstanding any other salary regulations, the salary step placement of employees appointed to the higher class immediately following termination of the assignment, shall remain unchanged.This provision shall apply to Short Term Higher Level Reassignments in deep classes. j. Allowable overtime pay,shift differential and/or work location differentials will be paid on the basis of the rate of pay for the higher class. 5.15 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the preceding month; provided,however,that each employee(except those paid on an hourly rate)may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall,on the twenty-fifth (25th) day of each month, draw his warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3)or less,at the employee's option,of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. The election to receive an advance shall be made on or before April 30 or October 31 of each year or during the first month of employment by filing on forms prepared by the Auditor-Controller a notice of election to receive salary advance. Each election shall become effective on the first day of the month following the deadline for filing the notice and shall remain effective until revoked. In the case of an election made pursuant to this Section 5.15,all required or requested deductions from salary shall be taken from the second installment,which is payable on the tenth (10th)day of the following month. 5.16 Pay Warrant Errors.If an employee receives a pay warrant which has an error in the amount of compensation to be'received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant issued within 48 hours, exclusive of Saturdays, Sundays and Holidays from the time the department is made aware of and verifies that the pay warrant is in error. Pay errors discovered by the County in employee pay shall be corrected as soon as possible as to current pay rate but that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the two(2)year period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the Appointing Authority or designee, the Director of Human Resources or designee, or the Auditor- Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. When the County notifies an employee of an overpayment and a proposed repayment schedule,the employee may accept the proposed repayment schedule or may request a meeting through the County Human 'Resources Department. If requested, a meeting shall be held to determine a repayment schedule which shall be no longer than one and one-half times(1-1/2)the length of time the overpayment occurred. SEW 535 SLS - 13 - 2005-2008MOU SECTION 6 - DAYS AND HOURS OF WORK SECTION 6 - DAYS AND HOURS OF WORK 6.1 'Normal Work Week& Deviations.The normal work week of County employees is forty(40)hours between 12:01 a.m. Monday to 12:00 midnight Sunday,usually five(5)eight(8)hour days; however,where operational requirements of a department require deviations from the usual pattern of five (5)eight(8)hour days per work week, an employee's work hours may be scheduled to meet these requirements,but his working time shall not exceed an average of forty(40)hours per seven (7) day period throughout an operational cycle, and the Department Head shall prepare written schedules in advance to support all deviations, the schedules to encompass the complete operational cycle contemplated. 6.2 Stacigered Work Schedule. The Department of Employment & Human Services shall continue to operate a staggered work schedule plan. Office hours shall remain open to the public.from 8:00 a.m. to 5:00 p.m. Monday through Friday. Permanent full time employees shall have the option to select, subject to prior approval of the department, an eight (8) hour day, forty (40) hour workweek schedule consisting of work hours which may be other than the normal 8:00 a.m. to 5:00 p.m. or 4:30 p.m.work schedule. The following shall serve as the basic criteria for the staggered shift: a. All employees must be present at their office or otherwise engaged in the duties of their,position during the core hours of 10:00 a.m. and 3:30 p.m. b. Work schedules must remain within the hours of 7:00 a.m. and 7:00 p.m. C. The,selected staggered work schedule shall consist of the same hours of work each day except for when a schedule including one varying eight (8) hour workday is necessary to provide"officer of the day"coverage or for other specific circumstances in which the department determines that such a varying schedule is appropriate.The decision of the Department Head or designee shall be final d. Lunch periods of one (1)or one-half(1/2)hour shall be scheduled. In the event that .the employee desires to change the scheduled lunch hour from one(1)hour to one- half (1/2) hour, or from one-half (1/2) hour to one (1) hour, that change must be approved in advance by the Department Head or designee. Lunch periods shall be taken within one (1) hour of the midpoint of the employee's scheduled workday. e. Each work unit designated by placement under a single line supervisor shall have at least one line worker in the office during the hours of 8:00 a.m. to 5:00 p.m. Each such unit shall also have at least one additional line worker in the office or otherwise engaged in the duties of their positions during the hours of 8:00 a.m. and 4:30 p.m. There are two (2) situations in which exceptions may be made to these minimum coverage provisions. Units which are placed under a single supervisor but which are split between two (2) or more buildings may be clustered with another unit of,a like program function in the immediate work areas of the same building for the purpose of maintaining minimum coverage during the time period between 4:30 p.m.and 5:00 p.m. A unit of three (3)or fewer workers may be clustered with another unit of a like program function in the immediate work area for purpose of maintaining minimum coverage, provided that the total number of workers in the units so clustered shall not exceed eight (8). f. Each employee's proposed staggered schedule must be submitted in writing and approved by the Department Head or designee prior to implementation. SEW 535 SLS - 14 - 2005-2008MOU SECTION 7 - PAID PERSONAL LEAVE g. Changes in staggered schedules shall be requested in writing and must have the approval of the Department Head or designee prior to implementation. h. Conflicting requests for schedules shall be resolved by the Department Head whose decision shall be final. i. In the event coverage within a location becomes temporarily reduced as a result of scheduling revisions or absenteeism,employees will be expected to assure that the necessary functions are performed, particularly the answering of telephones. j. It is understood that an individual employee's schedule may be changed due to the needs of the department. k. In the event this staggered scheduling provision is found by the department to be inconsistent with the needs of the department, the department shall so advise representatives of Local 535 and the County and the Union shall meet and confer in an attempt to resolve the inconsistency. 6.3 9/80 Schedules. The practice within the Department of Employment & Human Services governing the authorization for certain employees to work a schedule of eight(8) nine (9) hour days and one(1)eight(8)hour day in a two(2)week scheduling period shall continue, unless the parties mutually agree to changes in such practice. 6.4 4/10 Schedule.The Department of Employment&Human Services will implement a 4/10 work schedule in accordance with Labor-Management Committee finalized guidelines. The Department will meet and confer to discuss the impact of any unit exclusions from the 4/10 work schedule. 6.5 Work Schedule Re-Opener. The parties agree to reopen the work schedule provisions of the Memorandum of Understanding for the purpose of ensuring consistent practices among the departments and compliance with appropriate regulatory requirements. Any changes to the MOU and/or past practice except those necessitated by legal requirements shall be subject to agreement by both parties. If the County believes a change is necessitated by legal requirements,it shall notify the Union of the change and the legal basis'thereof. The County shall offer to meet with the Union before the County implements such change. SECTION 7 - PAID PERSONAL LEAVE Effective January 1, 1997,employees in the Social Services First-Line Supervisors Unit will be credited with fifty(50)hours of paid personal leave to recognize the fact that these employees do not and will not receive payment for overtime. Said fifty (50) hours must be used during the calendar year in which credited and may not be carried forward. This paid personal leave is separate from paid vacation and will be accounted for accordingly. Upon separation from County service, there shall be no payoff:of unused personal leave credits.Administration of paid personal leave shall be administered in accordance with provisions of Administrative Bulletin 323. SECTION 8 -CALL BACK TIME If approved by the County Administrator's Office, any employee assigned to the Emergency Response Program who is called back to duty shall be paid time and one-half for the actual time worked plus one (1)hour. Such employee called back shall be paid a minimum of two (2)hours at time and one-half for each call back. SEW 535 SLS - 15 - 2005-2008MOU SECTION 9 -ON-CALL DUTY If approved by the County Administrator's Office, on-call duty is any time other than time when the employee is actually on duty during which an employee is not required to be on County premises but stand ready to immediately report for duty and must arrange so that his/her superior can reach him/her on ten (10) minutes notice or less. Any employee assigned to the Emergency Response Program who is assigned to on-call time shall be paid one (1) hour of straight time credit for each four(4)hours on such on-call time. Those positions which are on-call shall be designated by the appointing authority whose decision is final.Assignment to an on-call position shall be in accordance with Section 38—Staffing Allocations & Reassignments. SECTION 10 -SHIFT DIFFERENTIAL In the hours which qualify for shift differential,employees shall receive five percent(5%)above their base salary rate. To qualify for shift differential, an employee must have a regularly assigned daily work schedule which requires: a. Completion of more than one and one-half (1-1/2) hours over the normal actual working time; or b. At least four (4) hours of actual working time from 5:00 p.m. through 9:00 a.m. inclusive. However, employees who'have been regularly working a shift qualifying for shift differential immediately preceding the commencement of a vacation,paid sick leave period, paid disability or other paid leave, will have shift differential included in computing the pay for their leave. The paid leave of an employee who is on a rotating shift schedule shall include the shift differential that would have been received had the employee,worked the shift for which the employee was scheduled during such period. Shift differential shall only be paid during paid sick leave and .paid'disability as provided above for the first thirty(30) calendar days of each absence. -SECTION 11 -SENIORITY,WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT, 11.1 Workforce Reduction. In the event that funding reductions or shortfalls in funding occur in a department or are expected, which may result in layoffs, the department will notify the Union and take the following actions: a. Identify the classification(s) in which position reductions may be required due to funding reductions or shortfalls. b. Advise employees in those classifications that position reductions may occur in their classifications. SEW 535 SLS - 16 - 2005-2008MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT C. Accept voluntary leaves of absence from employees in those classifications which do not appear to be potentially impacted by possible position reductions when such leaves can be accommodated by the department. d. Consider employee requests to reduce their position hours from full time to part-time to alleviate the impact of the potential layoffs. e. Approve requests for reduction in hours,lateral transfers,and voluntary demotions to vacant,funded positions.in classes not scheduled for layoffs within the department, as well as to other departments not experiencing funding reductions or shortfalls when it is a.viable operational alternative for the department(s). f. Review various alternatives which will help mitigate the impact of the layoff by working through the Tactical Employment Team program (TET) to: 1. Maintain an employee skills inventory bank to be used as a basis for referrals to other employment opportunities. 2. Determine if there are other positions to which employees may be transferred. 3. Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. 4. Establish workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. g. When it appears to the Department Head and/or Employee Relations Officer that the Board of Supervisors may take action which will result in the layoff of employees in a representation, unit, the Employee Relations Officer 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 Separation Through Layoff A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the Merit System may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). B. Order of Layoff. The order of layoff in a department shall be based on inverse seniority in the class of positions,the employee in that department with least seniority being laid off first and so on. C. Layoff By Displacement.. 1. In the Same Class. A laid off permanent full time employee may displace an employee in the department having less seniority in the same class who occupies a permanent-intermittent or permanent part-time position,the least senior employee being displaced first. SEIU 535 SLS - 17 . 2005-2008MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT 2. In the Same Level or Lower Class.A laid off or displaced employee who had achieved permanent status in a class at the same or lower salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class of an employee having less seniority; the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. D. n Particular Rules on Displacing. 1. Permanent-intermittent and permanent part-time employees may displace only employees holding permanent positions of the same type respectively. 2. A permanent full time employee may displace any intermittent or part-time employee with less seniority 1)in the same class or,2)in a class of the same " or lower salary level if no full time employee in a class at the same or lower salary level has less seniority than the displacing employees. 3. Former permanent full time employees who have voluntarily become permanent part-time employees for the purpose of reducing the impact of a proposed layoff with the.written approval of the Director of Human 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: Seniori . An employee's seniority within a class for layoff and displacement purposes shall be-determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salary schedule in effect at the time of layoff: Employees reallocated or transferred without examination from one class to another class having a salary within five percent(5%)of the former class,as provided in Personnel Management Regulations Section 305.2, shall carry the seniority accrued in the former.class into the new class. Employees reallocated to a new deep class upon its initiation or otherwise reallocated to a deep class because the duties of the position occupied are appropriately described in the deep class shall carry into the deep class the seniority accrued or carried forward in the former class as provided in Personnel Management Regulations Section 305.2 and seniority accrued in other classes which have been included in the deep class. Service for layoff and displacement purposes includes. only the employee's last continuous permanent County employment. Periods of separation may not be bridged to extend such service unless the separation is a result of layoff in which case bridging will be authorized if the employee is reemployed in a permanent position within the period of layoff eligibility. Approved leaves of absence as provided for in these rules and regulations shall not constitute a period of separation.In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous permanent County employment. If there remain ties in seniority rights, such ties shall be broken by counting total time in the department in permanent employment. Any remaining ties shall be broken by random selection among the employees involved. F. Eligibility for Layoff List.Whenever any person who has permanent status is laid off, has been displaced;has been demoted by displacement or has voluntarily demoted.. SEW 535 SLS - 18 2005-2008MOU SECTION 11 SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT in lieu of layoff or displacement, or has transferred in lieu of layoff or displacement, the person's name shall be placed on the layoff list for the class of positions from which that person has been removed. G. Order of Names on Layoff. First, layoff lists shall contain the names of persons laid off, displaced, or demoted as a result of a layoff or displacement, or who have voluntarily demoted or transferred in lieu of layoff or displacement or who have transferred in lieu of layoff or displacement. Names shall be listed in order of layoff seniority in the class from which laid off, displaced, demoted or transferred on the date of layoff, the most senior person listed first. In case of ties in seniority, the seniority rules shall apply except that where there is a class seniority tie between persons laid off from different departments,the tie(s)shall be broken by length of last continuous permanent County employment with remaining ties broken by random selection among the employees involved. H. Duration of Layoff and Reemployment Rights. The name of any person granted reemployment privileges shall continue on the appropriate list for a period of two (2) years. Persons placed on layoff lists shall continue on the appropriate list for a period of four(4).years. I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or displacement or transferred in lieu of layoff or displacement.When a request for personnel is received from the appointing authority of a department from which an eligible(s) was laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list from the department. When a request for personnel is received from a department from which an eligible(s)was not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period. A person employed from a layoff list shall be appointed at the same step of the salary range the employee held on the day of layoff. J. Removal of Names from Reemployment& Layoff Lists. 1. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff list for any reason listed below: a. For any cause stipulated in Section 404.1 of the Personnel Management Regulations. b. On evidence that the eligible cannot be located by postal authorities. C. On receipt of a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for appointment in the class. d. If three(3)offers of permanent appointment to the class for which the eligible list was established have been declined by the eligible. e. If the eligible fails to respond to the Director of Human Resources or the appointing authority within ten (10) days to written notice of certification mailed to the person's last known address. SEIU 535 SLS - 19 - 2005-2008MOU SECTION 12- HOLIDAYS 2. If the person on the reemployment or layoff list is appointed to another position in the same or lower classification,the name of the person shall be removed. 3. However, if the first permanent appointment of a person on a layoff list is to a lower class which has a top step salary lower than the top step of the class from which the person was laid off, the name of the person shall not be removed from the layoff list. Any subsequent appointment of such person from the layoff list shall result in removal of that person's name. K. Removal of Names from Reemployment and Layoff Certifications. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff certification if the eligible fails to respond within five(5)days to a written notice of certification mailed to the person's last known address. 11.3 Notice. The County agrees to give employees scheduled for layoff at least ten (10) work days notice prior to their last day of employment. 11.4 Special Employment Lists.The County will establish a Tactical Employment Team (TET) employment pool which will include the names of all laid off County employees. Special employment lists for job classes may be, established from the pool. Persons placed on a special employment list must meet the minimum qualifications for the class. An appointment from such a list will not affect the individual's status on a layoff list(s). Employees in the TET employment pool shall be guaranteed a job interview for any vacant funded position for which they meet the minimum qualifications. If there are more than five such employees who express an interest for one vacant funded position, the five most senior employees shall be interviewed. Seniority for this subsection shall be County seniority. 11.5 Reassignment of Laid Off Employees. Employees who displaced within the same classification from full time to part-time or intermittent status in a layoff, or who voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a position of another status than that from which they were laid off upon referral from the layoff list, may request reassignment back to their pre-layoff status(full time or part-time or increased hours).The request must be in writing in accord with each department's reassignment bid or selection process. Employees will be advised of the reassignment procedure to be followed to obtain reassignment back to their former status at the time of the workforce reduction.The most senior laid off employee in this status who requests such a reassignment will be selected for the vacancy; except when a more senior laid off individual remains on the layoff list and has not been appointed back to the class from which laid off,a referral from the layoff list will be made to fill the vacancy. 11.6 Further Study.The County agrees to meet with the Labor Coalition for study of the concept of employee's waiver of displacement rights in a layoff. SECTION 12— HOLIDAYS 12.1 Holidays Observed. The County will observe the following holidays: A. January 1st, known as New Year's Day Third Monday in January known as Dr. Martin Luther King, Jr. Day Third Monday in February, known as Presidents Day The last Monday in May, known as Memorial Day SEW 535 SLS - 20 - 2005-2008MOU SECTION 12- HOLIDAYS July 4th, known as Independence Day First Monday in September, known as Labor Day November 11 th, known as Veterans Day Fourth Thursday in November, known as Thanksgiving Day The Friday after Thanksgiving December 25th, known as Christmas Day Such other days as the Board of Supervisors may by resolution designate as holidays. B. Each full time employee shall accrue two (2) hours of personal holiday credit per month. Such personal holiday time may be taken in increments of one-tenth hour(6 minutes),and preference of personal holidays shall be given to employees according to their seniority in their department as reasonably as possible. No employee may accrue more than forty (40) hours of personal holiday credit. C. Permanent part-time employees shall receive personal holiday credit in the same ratio to the personal holiday credit given full time employees as the number of hours per week in the part-time employee's schedule bears to the number of hours in the regular full time schedule. D. Employees shall accrue their personal holiday credit during months they are in pay status provided however that no employee may accrue more than forty(40)hours of personal holiday credit. On separation from County service, an employee shall be paid for any unused personal credits at the employee's then current pay rate. E. Employees in positions which work around the clock shall continue to celebrate Admission Day, Columbus Day, and Lincoln's Birthday. 12.2 Observation of Holidays Falling on Saturday or Sunday. If any holiday listed in Section 12.1.A above falls on a Saturday,it shall be observed on the preceding Friday. If any holiday listed in Section 12.1.A falls on a Sunday, it shall be observed on the following Monday. 12.3 Work Leave. Upon Board of Supervisors approval of the MOU, but no later than November 10,2006,each employee will receive 24 hours of Paid Time Off(PTO)(prorated for part- time and permanent intermittent employees). If an'employee isnot granted his/her choice of day off, the supervisor shall suggest an alternate date. If the employee and supervisor cannot agree on the alternate date, the employee shall observe the day off on the employee's birthday. An employee whose birthday falls on a scheduled day off, may observe the PTO on the scheduled work day immediately preceding or immediately following the employees' birthday. 24/7 shift employees unable to schedule time off will be cashed out for unused time at the end of the agreement. This provision shall automatically terminate upon expiration of the MOU,and except as noted above,an employee will not be allowed to cash out any unused time. 12.4 Holiday Schedule—Re-Opener. The parties agree to reopen the holiday schedule provisions of the Memorandum of Understanding for the purpose of ensuring consistent practices among the departments on holiday scheduling, and compliance with appropriate regulatory requirements. Any changes to the MOU and/or past practice, except those necessitated by legal requirements, shall be subject to agreement by both parties. If the County believes a change is necessitated by legal requirements, it shall notify the Union of the change and the legal basis thereof.The County shall offer to meet with the Union before the County implements such change. SEW 535 SLS - 21 - 2005-2008MOU SECTION 13 -VACATION LEAVE 13.1 Vacation Allowance.Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies.Accrual for portions of a month shall be in minimum amounts,of one (1) hour calculated on the same basis as for partial month compensation pursuant to Section 5.6_Compensation for Portion of Month of this MOU.Vacation credits may be taken in 1/10 hour(6 minute)increments.Vacation may not be taken during the first six(6)months of employment(not necessarily synonymous with probationary status)except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. Vacation Leave on Reemployment From a Layoff List. Employees with six (6) months or more service. in a permanent position prior to their layoff, who are employed from a layoff list, shall be considered as having completed six months tenure in a permanent positionfor the purpose of vacation leave.The appointing authority or designee will advise the Auditor-Controller's Payroll Unit in each case where such vacation is authorized so that appropriate Payroll system override actions can be taken. 13.2 Vacation Accrual Rates. Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 15 years 10 240 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years .20 480 30 years and up 23-1/3 560 Employees in permanent part-time and permanent-intermittent positions shall accrue vacation benefits on a pro-rata basis as provided in Section 36-1.006 of Board Resolution 81/1165. 13.3 Vacation Accrual During Leave Without Pay. No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 13.4 Vacation Allowance for Separated Employees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 13.5 Vacation Preference. Preference of vacation shall be given to employees according to their seniority in their department as much as is reasonably possible., SECTION 14 -SICK LEAVE 14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by the County and may be used only as authorized; it is not paid time off which employees may use for personal activities. SEW 535 SLS - 22 - 2005-2008MOU SECTION 14 - SICK LEAVE 14.2 Credits to and Charges Aaainst Sick Leave. Sick leave credits accrue at the rate of-eight (8) working hours credit for each completed month of service, as prescribed by County Salary Regulations. Employees who work a portion of a.month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one-tenth hour (6 minutes) increments. Unused sick leave credits accumulate from year to year. When an employee is separated other than through retirement,accumulated sick leave credits shall be cancelled,unless the separation results from layoff, in which case the accumulated credits shall be restored if reemployed in a permanent position within the period of lay off eligibility. As of the date of retirement,an employee's accumulated sick leave is converted to retirement on the basis of one (1)day of retirement service credit for each day of accumulated sick leave credit. 14.3 Policies Governing the Use of Paid Sick Leave.As indicated above,the primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. The following definitions apply: Immediate Family means and includes only the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece, nephew, father-in-law,mother-in-law,daughter-in-law,son-in-law,brother-in-law,sister-in-law,foster children, aunt, uncle,cousin;stepbrother,stepsister,or domestic partner of an employee and/or includes any other person for whom the employee is the legal guardian or conservator, or any person who is claimed as a "dependent"for IRS reporting purposes by the employee. Employee means any person employed by Contra Costa County in an allocated position in the County service. Paid Sick Leave Credits means those sick leave credits provided for by County Salary Regulations and memoranda of understanding. Condition/Reason. With respect to necessary verbal contacts and confirmations which occur between the department and the employee when sick leave is requested or verified, a brief . statement in non-technical terms from the employee. regarding inability to work due to injury or illness is sufficient. Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: a. Temporary 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. b. Permanent Disability Sick Leave. Permanent disability means the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which the employee is qualified by reason of education, training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: 1. An application for retirement due to disability has been filed with the Retirement Board. SOU 535 SLS - 23 - 2005-2008MOU SECTION 14 - SICK LEAVE 2. Satisfactory medical evidence of such disability is received by the appointing authority within thirty(30)days of the start of use of sick leave for permanent disability. 3. The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical . evidence submitted by the employee is insufficient, or where the above conditions have not been met. C. Communicable Disease.An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a communicable disease. d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability under the conditions set forth below: 1. Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician anticipates the disability to terminate. 2. If an employee does not apply for leave and the appointing authority believes that the employee is not able to properly perform her work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscarriage,abortion,childbirth or recovery therefrom the employee shall be required to undergo a physical examination by a physician selected by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3. Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with, a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. e. Medical & Dental Appointments. An employee may use paid sick leave credits: 1. For working time used in keeping medical and dental appointments for the employee's own care; and 2. For working time used by an employee for prescheduled medical and dental appointments for an immediate family member. f. Emergency Care of Family.An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. SEW 535 SLS - 24 - 2005-2008MOU SECTION 14 - SICK LEAVE g. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family or of the employee's domestic partner, but this shall not exceed three (3)working days, plus up to two (2) days of work time for necessary travel. Use of additional accruals including sick leave when appropriate, may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. h. Legal Adoption of a Child. Paid sick leave credits may be used by an employee upon adoption of the child. L Accumulated paid sick leave credits may not be used in the following situations: 1. Vacation. Paid sick leave credits may not be used for an employee's illness or injury which occurs while he is on vacation but the County Administrator may authorize it when extenuating circumstances exist and the appointing authority approves. 2. Not in Pay Status. Paid sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status. 14.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of the employee and the department head. The following procedures apply: A. Employee Responsibilities. 1. Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2. Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work. 3. Employees are responsible for obtaining advance approval from their supervisor for the scheduled time of pre-arranged personal or family medical and dental appointment. 4. Employees are encouraged to keep the department advised of(1)a current telephone number to which sick leave related inquiries may be directed,and (2) any condition(s) and/or restriction(s) that may reasonably be imposed regarding specific locations and/or persons the department may contact to verify the employee's sick leave. B. Department Responsibilities. The use of sick leave may properly be denied if these procedures are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim.The department head or designee may make reasonable inquiries about employee absences. The department may require medical verification for an absence of three (3) or more working days. The department may also require medical verification for absences of less than three (3) working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: SEIU 535 SLS - 25 - 2005-2008MOU SECTION 14 - SICK LEAVE 1. Calling the employee's residence telephone number or other contact telephone number provided by the employee if telephone notification was not made in accordance with departmental sick leave call-in guidelines. These inquiries shall be subject to any restrictions imposed by the employee under Section 14A.A. 2. Obtaining the employee's signature on the Absence/Overtime Record,or on another form established for that purpose, as employee certification of the legitimacy of the claim. 3. Obtaining the employee's written statement of explanation regarding the sick leave claim. 4. Requiring the employee to obtain a physician's certificate or verification of the employee's illness, date(s) the employee was incapacitated, and the employee's ability to return to work, as specified above.. 5. In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as specified above. Department heads are responsible for establishing timekeeping procedures which will insure the submission of a time card covering each employee absence and for operating their respective offices in accordance with these policies and with clarifying regulations issued by the Office of the County Administrator. To help assure uniform policy application, the Human Resources Director or designated management staff of the County Human Resources Department should be contacted with respect to sick leave determinations about which the department is in doubt. 14.5 Disability. A. An employee physically or mentally incapacitated for the performance of duty is subject to dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937. An appointing authority after giving notice may place an employee on leave if the appointing authority has filed an application for disability retirement for the employee, or whom the appointing authority believes to be temporarily or permanently physically or mentally incapacitated for the performance of the employee's duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employees, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense and on the employee's paid time, a physical, medical examination by a licensed physician and/or psychiatric examination by a licensed physician or psychologist, and receive a report of the findings on such examination. If the examining physician or psychologist recommends that treatment for physical or mental health problems, including leave,are in the best interests of the employee or the County in relation to the employee overcoming any disability and/or performing SEW 535 SLS - 26 - 2005-2008MOU SECTION 14 - SICK LEAVE his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due to temporary or permanent disability shall be without prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee is entitled other than regular salary.The Human Resources Director may order lost pay restored for good cause and subject to the employee's duty to mitigate damages. D. Before an employee returns to work from any absence for illness or injury, other leave of absence or disability leave, exceeding two (2) weeks in duration, the appointing authority may order the employee to undergo at County expense a physical,medical,and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. If the report shows that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as he/she deems necessary in accordance with appropriate provisions of this MOU. E. Before an employee is placed on an unpaid leave of absence or suspended because of physical or mental incapacity under(A)or(B)above,the employee shall be given notice of the proposed leave of absence or suspension by letter or memorandum, delivered personally or by certified mail, containing the following: 1. a statement of the leave of absence or suspension proposed; 2. the proposed dates or duration of the leave or suspension which may be indeterminate until a certain physical or mental health condition has been attained by the employee; 3. a statement of the basis upon which the action is being taken; 4. a statement that the employee may review the materials upon which the action is taken; 5. a statement that the employee has until a specified date(not less than seven (7)work days from personal delivery or mailing of the notice)to respond to the appointing authority orally or in writing. F. Pending response to the notice the appointing authority for cause specified in writing may place the employee on a temporary leave of absence, with pay. G. The employee to whom the notice has been delivered or mailed shall have seven(7) work days to respond to the appointing authority either orally or in writing before the proposed action may be taken. H. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension in writing stating specifically the basis upon which the action is being taken, delivering the order to the employee either personally or by certified mail, effective either upon personal delivery or deposit in the U.S. Postal Service. I. An employee who is placed on leave or suspended under this section may,within ten (10) calendar days after personal delivery or mailing to the employee of the order, appeal the order in writing through the Director of Human Resources to the Merit SEW 535 SLS - 27 - 2005-2008MOU �I SECTION 14 - SICK LEAVE Board: Alternatively, the employee may file a written election with the Director of Human Resources waiving the employee's right to appeal to the Merit Board in favor of appeal to a Disability Review Arbitrator. J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator, the employee has the burden of proof to show that either: 1. the physical or mental health condition cited by the appointing authority does not exist, or 2. the physical or mental health condition does exist, but it is not sufficient to prevent, preclude, or impair the employee's performance of duty,or is not sufficient to endanger the health or safety of the employee,other employees, or the public. K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the Director of Human Resources to the Merit Board for hearing under the Merit Board's Procedures, Section 1114-1128 inclusive. Medical reports submitted in evidence in such hearings shall remain confidential information and shall not be a part of the public record. L. If the appeal is to a Disability Review Arbitrator, the employee (and his/her representative) will meet with the County's representative to mutually select the Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a . rehabilitation specialist,or some other recognized specialist mutually selected by the parties. The arbitrator shall hear and review the evidence. The decision of the Disability Review Arbitrator shall be binding on both the County and the employee. Scope of the Arbitrator's Review. 1. The arbitrator may affirm, modify or revoke the leave of absence or suspension. 2. The arbitrator may make his/her decision based only on evidence submitted by the County and the employee. 3. The arbitrator may order back pay or paid sick leave credits for any period of leave of absence or suspension if the leave or suspension is found not to be sustainable, subject to the employee's duty to mitigate damages. 4. The arbitrator's fees and expenses shall be paid one-half by the County and one-half by the employee or employee's association. M. It is understood that the benefits specified in Section 14—Sick Leave and Section 15 —Workers' Compensation shall be coordinated with the rehabilitation program as determined by the labor-management committee. N. No employee who has been granted a leave without pay or unpaid military leave shall accrue any sick leave credits during the time of such leave, nor shall an employee who is absent without pay accrue sick leave credits during the absence. SEW 535 SLS - 28 - 2005-2008MOU SECTION 15 - WORKERS' COMPENSATION AND CONTINUING PAY SECTION 15 -WORKERS' COMPENSATION AND CONTINUING PAY 15.1 Workers' Compensation. A permanent employee shall continue to receive the appropriate percent of regular monthly salary,for all accepted claims filed before January 1, 2000, during any period of compensable temporary disability absence not to exceed one year. For all accepted claims filed with the County on or after January 1, 2000, the percentage of pay for employees entitled to Workers' Compensation shall be decreased from to 87% to 86%. For all accepted claims filed with the County on or after January 1, 2007,the percentage of regular monthly salary for employees entitled to Workers'Compensation shall be decreased from eighty-six percent (86%)to eighty percent(80%). For all accepted claims filed with the County on or after January 1, 2008, the percentage of regular monthly salary for employees entitled to Workers' Compensation shall be decreased from eighty percent (80%) to seventy-five percent (75%). If Workers' Compensation becomes taxable, the County agrees to restore the original benefit level (100% of monthly salary) and the parties shall meet and confer with respect to funding the increased cost. A. Waiting Period. Employees who leave work as a result of an on-the-job injury will have the balance of that day charged to continuing pay, sick leave and/or vacation accruals.This will be considered as the last day worked for purposes of determining Workers' Compensation benefits. A permanent employee shall receive the authorized percentage of regular salary during any period of compensable temporary disability absence. "Compensable temporary disability absence"for the purpose of this Section, is any absence due to work connected disability which qualifies for temporary disability compensation as set forth in Part 2,Article 3 of the Workers'Compensation Laws of California.When any disability becomes permanent, the salary provided in this Section shall terminate.The employee shall return to the County all temporary disability payments received by him/her from any County funded wage replacement program.No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which salary payments are made. The maximum period for the described salary continuation for any one injury or illness shall be one year from the date of temporary disability. B. Continuing Pay.A permanent employee shall receive the appropriate percentage as outlined above of regular monthly salary during any period of compensable temporary disability not to exceed one year. Payment of continuing pay and/or temporary disability compensation shall be made in accordance with Part 2,Article 3 of the Workers' Compensation Laws of California. All continuing pay under the Workers'Compensation Program will be cleared through the County Administrator's Office, Risk Management Division."Compensable temporary disability absence"for the purpose of this Section, is any absence due to work connected disability which qualifies for temporary disability compensation set forth in Part 2, Article 3 of the Workers'Compensation Laws of California.When any disability becomes medically permanent and stationary and/or reaches maximum medical improvement,the salary provided by this Section shall terminate. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which continuing pay is received. Employees shall be entitled to a maximum of one(1)year of continuing pay benefits for any one injury or illness. SEW 535 SLS - 29 - 2005-2008MOU SECTION 15 - WORKERS' COMPENSATION AND CONTINUING PAY Continuing pay begins at the same time that temporary Workers' Compensation benefits commence and continues until either the member is declared medically permanent/stationary and/or reaches maximum medical improvement, or until one (1)year of continuing pay,whichever comes first provided the employee remains in an active employed status. Continuing pay is automatically terminated on the date an employee is separated from County service by resignation, retirement, layoff,or the employee is no longer employed by the County. In these instances, employees will be paid Workers'Compensation benefits as prescribed by Workers'Compensation laws. 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 ours, the employee shall be allowed time off up to three (3) hours for such treatment without loss of pay or benefits, provided the employee notifies his supervisor of the appointment at least three (3)working days prior to the appointment or as soon as the employee becomes aware the appointment has been made. 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. Full Pay Beyond One(1)Year. If an injured employee remains eligible for temporary disability beyond one (1)year,the authorized salary will continue by integrating sick leave and/or vacation accruals with Workers' Compensation benefits. If salary integration is no longer available, Workers' Compensation benefits will be.paid directly to the employee as prescribed by Workers' Compensation laws. D. Rehabilitation Integration. An injured employee who is. eligible for Workers' Compensation Rehabilitation Temporary Disability benefits and whose disability is medically permanent and stationary and/or reaches maximum medical improvement, will continue to receive his/her applicable salary by integrating sick leave and/or vacation accruals with Workers' Compensation Rehabilitation Temporary Disability benefits until those accruals are exhausted.Thereafter,the rehabilitation temporary disability benefits will be paid directly to the employee. E. Health Insurance.The County contribution to the employee's group insurance plan(s) continues during the continuing pay period and during integration of sick leave or vacation with Workers' Compensation benefits. 15.2 Method of Integration.An employee's sick leave and/or vacation charges shall be calculated as follows: C = 8 [1 - (W ) S)] C = Sick leave or vacation charge per day (in hours) W = Statutory Workers' Comp. for a month S =Monthly salary 15.3 State Disability. Effective July 1, 1994, the County will begin a six-month pilot program for employees eligible for State Disability benefits. At the end of the six (6) month pilot program, the County will meet and confer to evaluate whether the plan will be continued. Employees eligible for SDI benefits will be required to make application for SDI benefits and to have those benefits integrated with the use of their sick leave accruals on the following basis: SEW 535 SLS -' 30 - 2005-2008MOU SECTION 15 - WORKERS' COMPENSATION AND.CONTINUING PAY 15.4 General Provisions. The California SDI program provides disability benefits beginning on the eighth (8th) calendar day of a qualifying disability unless the employee is hospitalized. Upon hospitalization, benefits can be payable from the first day of the disability. If the disability exceeds fourteen (14) calendar days, benefits can be payable from the first day of the disability.The maximum period of state disability payments is up to one year. Determination of SDI payments and eligibility to receive payments is at the sole discretion of the State of California. Integration means that employees will be required to use sick leave accruals to supplement the difference between the amount of the SDI payment and the employee's base monthly salary. Integration of sick leave with the SDI benefit is automatic and cannot be waived. Integration applies to all SDI benefits paid. For employees off on SDI,the department will make appropriate integration adjustments, including retroactive adjustments if necessary. Employees must inform their department of hospitalization in a timely manner in order for the department to make appropriate integration adjustments. State Disability benefit payments will be sent directly to the employees at their home address by the State of California. When there are insufficient sick leave accruals available to fully supplement the difference between the SDI payment and the employee's base monthly salary, accruals other than sick leave may be used. These accruals may be used only to the extent that total payments do not exceed the employee's base monthly salary. 15.5 Procedures. Employees with more than 1.2 hours of sick leave accruals at the beginning of the disability integration period must integrate their sick leave accrual usage with their SDI benefit to the maximum extent possible. When employees have 1.2 hours or less of sick leave accruals at the beginning of the disability integration period, the department shall automatically use 0.1 hour of sick leave per month for the duration of their SDI benefit. When sick leave accruals are totally exhausted, integration with the SDI benefit terminates. An employee may use any other accruals without reference to or integration with the SDI benefit. When the SDI benefit is exhausted,sick leave integration terminates.Then the employee may use sick leave or other accruals. Employees with no sick leave balance at the beginning of the disability integration period may use any other accruals without reference to or integration with the SDI benefit. Employees whose SDI claims are denied must present a copy of their claim denial to their department.The department will then authorize use of unused sick leave and shall authorize the use of other accruals as appropriate. Employees may contact the Human Resources Department, Benefits Division, for assistance in resolving problems. 15.6 Method of Intearation. 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: SEW 535 SLS . - 31 - 2005-2008MOU SECTION 15 - WORKERS' COMPENSATION AND CONTINUING PAY The percentage of base monthly salary not covered by the SDI benefit will be applied to the daily hours in the employee's schedule and that number of sick leave hours will be charged against the employee's sick leave accruals. For purposes of integration with the SDI program, all full time employees' schedules will be converted to 8-hour/5-day weekly work schedules during the period of integration. The formula for full time employees' sick leave integration charges is shown below: L = [(S-D) _ S] x 8 S = Employee Base'Monthly Salary H = Estimated Highest Quarter(3-mos) Earnings [H = S x 3] W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table C = Calendar Days in each Month D = Estimated Monthly SDI Benefit[D =.(W _ 7)x C] L = Sick Leave Charged per Day Permanent part-time, permanent-intermittent employees, and those full time employees working a light/limited duty reduced schedule program shall have their sick leave integration adjusted accordingly. 15.7 Definition."Base Monthly Salary"for purposes of sick leave integration is defined as the salary amount for the employee's step on the salary schedule for the employee's permanent classification as shown in the"Salary"field on the On-Line Payroll Time Reporting System used by departments for payroll reporting purposes. 15.8 Conversion to the New SDI Program. For all employees receiving SDI benefits prior to July 1, 1994,conversion to the new SDI program operated by departmental payroll staff will be coordinated by the Human Resources Department, Benefits Division. All employee SDI benefit checks received in the Human Resources Department and signed over to the County by June 30, 1994,will be deposited and used to buy back the employee's sick leave,with sick leave credits appearing on the July 10th pay warrants insofar as possible. AII'Employee SDI benefit checks received, but not signed over to the County, by June 30, 1994,will be returned to the employee.All employee SDI benefit checks received after June 30, 1994,will be returned to the employee. In both these situations, no sick leave buy back will be'made, regardless of the calendar period to which the benefit checks pertain. Program transfer to departmental payroll staff will be effective July 1, 1994 for the month of July with the first computation of SDI benefits and integration with sick leave under the new program made on the August 10, 1994 pay warrants covering the July 1994 payroll period. SECTION 16—CATASTROPHIC LEAVE BANK 16.1 Program Design. The County Human Resources Department will operate a Catastrophic Leave Bank which is designed to.assist any County employee who has exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of the employee or family member. The program establishes and maintains a Countywide bank wherein any employee who wishes to contribute may authorize that a portion of his/her accrued vacation, compensatory time; holiday compensatory time or floating holiday be deducted from those account(s)and credited to the Catastrophic Leave Bank. Employees may donate hours either to a specific eligible employee or to the bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred to a SEW 535 SLS - 32 - 2005-2008MOU SECTION 15 - 'WORKERS' COMPENSATION AND CONTINUING PAY requesting employee's sick.leave account so that employee may remain in paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury, or condition. Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical impairment or disability which manifests itself during employment. 16.2 Operation. A. The plan will be administered under the direction of the Human Resources Director. The Human Resources Department will be responsible for receiving and recording all donations of accruals and for initiating transfer of credits from the Bank to the recipient's sick leave account. Disbursement of accruals will be subject to the approval of a six(6)member committee composed of three(3)members appointed by the, County Administrator and three (3) members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests -for credits and shall make determinations as to the appropriateness of the request. The committee shall determine the amount of accruals to be awarded for employees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requestor basis. B. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and shall be.treated as regular sick leave accruals. C. To receive credits under this plan, an employee must have permanent status, must have exhausted all time off accruals to a level below eight (8) hours total, have applied for a medical leave of absence and have medical verification of need. D. Donations are irrevocable unless the donation to the eligible employee is denied. Donations may be made in hourly blocks with a minimum donation of not less than four(4)hours from balances in the vacation,holiday,floating holiday,compensatory time, or holiday compensatory time accounts. Employees who elect to donate to a specific individual shall have seventy-five percent(75%)of their donation credited to the individual and twenty-five percent (25%) credited to the Catastrophic Leave Bank. E. Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis.All computations will be on a standard 173.33 basis,except that employees on other than a forty(40)hour week will have hours prorated according to their status. F. Any recipient will be limited to a total of one thousand forty (1040) hours or its equivalent per catastrophic event; each donor will be limited to one hundred twenty (120) hours per calendar year. G. No element of this plan is grievable. All appeals from either a donor or recipient will be resolved on a final basis by the Director of Human Resources. H. No employee will have any entitlement to catastrophic leave benefits.The award of Catastrophic Leave will be at the sole discretion of the committee, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six (6) months. The committee will be entitled to limit benefits in accordance with available contributions and to choose from among SEW 535 SLS - 33 - 2005-2008MOU SECTION.17 - LEAVE OF ABSENCE . eligible applicants, on an anonymous basis,those who will receive benefits,except for hours donated to a specific employee. In the event a.donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria,the donating employee may authorize the hours to be donated to the bank or returned to the donor's account. The donating employee will have fourteen (14) calendar days from notification to submit his/her decision regarding the status of their donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank. . I. Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. SECTION 17-- LEAVE OF ABSENCE 17.1 Leave Without Pay. Any employee who-has permanent status may be granted a leave of absence without pay upon written request,approved by the appointing.authority;provided, however,that leaves for pregnancy,pregnancy disability,serious health conditions,and family care shall be granted in accordance with applicable state and federal,law. 17.2 General Administration - Leaves of Absence. Requests for leaves of absence without pay shall be made upon forms prescribed by the Director of Human Resources and shall state specifically the reason for the request,the date when it is desired to begin the leave, and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1. Illness, disability or serious health condition; 2. pregnancy or pregnancy disability; 3. family care; . 4. to take a course of study such as will increase the employee's usefulness on return to the position; 5. for other reasons or circumstances acceptable to the appointing authority. B. An employee must request family.care leave at least thirty(30)days before the leave is to begin if the'need for the leave is foreseeable. If the need is not foreseeable,the employee must provide written notice to the employer within five(5)days of learning of the event by which the need for family care leave arises. C. A leave without pay may be for a period not to exceed one (1) year, provided the appointing authority may extend such leave for additional periods.The procedure in granting extensions shall be the same as that in granting the original leave,provided that the request for extension must be made not later than thirty(30)calendar days before the expiration of the original leave. D. Nevertheless, a leave of absence for the employee's serious health condition or for family care shall be granted to an employee who so requests it for up to eighteen SEW 535 SLS - 34 - 2005-2008MOU SECTION 97 - LEAVE OF ABSENCE (18)weeks during a"rolling"twelve(12)month period measured backward from the date the employee uses his/her FMLA leave in accordance with Section 17.5 below. E. Whenever an employee who has been granted a leave without pay desires to return before the expiration of such leave, the employee shall submit a request to the appointing authority in writing at least fifteen (15) days in advance of the proposed return. Early return is subject to prior approval by the appointing authority. The Human Resources Department shall be notified promptly of such return. 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 Human Resources Director and not subject to appeal through the grievance procedure set forth in this MOU. 17.3 Furlough Days Without Pay.The existing VTO program shall be continued for the life of the contract. 17.4 Military Leave. Any employee who is ordered to serve as a member of the State Militia or the United States Army, Navy,Air Force, Marine Corps,Coast Guard or any division thereof shall be granted a military leave for the period of such service, plus ninety(90)days. Additionally, any employee who volunteers for such service during mobilization under Executive Order of the President or Congress of the United States and/or the State Governor in time of emergency shall be granted a leave of absence in accordance with applicable state or federal laws. Upon the termination of such service or upon honorable discharge,the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. An employee who has been granted a military leave shall not,by reason of such absence,suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the Director of Human Resources may deem necessary. 17.5 Family Care Leave or Medical Leave.Upon request to the appointing authority,in a "rolling" twelve (12) month period measured backward from the date the employee uses his/her FMLA leave, any employee who has permanent status shall be entitled to at least eighteen (18) weeks leave (less if so requested by the employee)for: a. medical leave of absence for the employee's own serious health condition which makes the employee unable to perform the functions of the employee's position; or b. family care leave of absence without pay for reason of the birth of a child of the employee,the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. SEW 535 SLS - 35 - 2005-2008MOU SECTION 17 - LEAVE OF ABSENCE 17.6 Medical Certification. The employee may be asked to provide certification of the need for family care leave or medical leave.Additional period(s)of family care or medical leave may be granted by theappointing authority. 17:7 Intermittent Use of Leave. The eighteen (18)week entitlement may be in broken periods, intermittently on a regular or irregular basis, or may include, reduced work schedules depending on the specific circumstances and situations surrounding the request for leave. The eighteen(18)weeks may include use of appropriate available paid leave accruals when accruals are used to maintain pay status, but use of such accruals is not required beyond that specified in Section 17.12 below. When paid leave accruals are used for a medical or family care leave, such time shall be counted as apart of the eighteen (18)week entitlement. 17.8 Aggregate Use for Spouse. In the situation where husband and wife are both employed by the County,the family care or medical leave entitlement based on the birth,adoption or foster care of a child is limited to an aggregate for.both employees together of eighteen (18)weeks during a "rolling" twelve (12) month period measured backward from the date an employee uses his/her FMLA leave. Employees requesting family care leave are required to advise their appointing authority(ies)when their spouse is also employed by the County. 17.9 Definitions. For medical and family care leaves of absence under this section, the following definitions apply: a. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child who is under eighteen (1 8)years of age for whom an employee stands in loco parentis or for whom the employee is the guardian or conservator, or an adult dependent child of the employee. b. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian, conservator, or other person standing in loco parentis to a child. C. Spouse: A partner in marriage as defined in California Civil Code Section 4100. d. Domestic Partner: An unmarried person, eighteen (18)years or older, to whom the employee is not related and with whom the employee resides and shares the common necessities of life. e: Serious Health Condition: An illness; injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves either inpatient care in a hospital, hospice or residential health care facility or continuing treatment or continuing supervision by a health care provider(e.g. physician or surgeon)as defined by state and federal law. f. Certification for Family Care Leave:A written communication to the employerfrom a 'health care provider of a person for whose care the leave is being taken which need not identify the serious health condition involved, but shall contain: 1. the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; SEW 535 SLS - 36 - 2005-2008MOU SECTION 17 - LEAVE OF ABSENCE 3. an estimate of the amount of time which the employee needs to render care or supervision; 4. a statement that the serious health condition warrants the participation of a family member to provide care during period of treatment or supervision; 5. if for intermittent leave or a reduced work schedule leave, the certification should indicate that the intermittent leave or reduced leave schedule is necessary for the care of the individual or will assist in their recovery,and its expected duration. g. Certification for Medical Leave:A written communication from a health care provider of an employee with a serious health condition or illness to the employer,which need not identify the serious health condition involved, but shall contain: 1. the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employee's job; 4. if for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule and its expected duration. h. Comparable Positions:A position with the same or similar duties and paywhich can be performed at the same or similar geographic location as the position held prior to the leave. Ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co- workers, supervisor(s), or other staffing may have changed during an employee's leave. 17.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under Section 14.3.d - Sick Leave Utilization for Pregnancy Disability, that time will not be considered a part of the eighteen (18)week family care leave period. 17.11 Group Health Plan Coverage. Employees who were members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the County contribution by maintaining their employment in pay status as described in Section 17.12. During the eighteen (18)weeks of an approved medical or family care leave under Section 17.6 above, the County will continue its contribution for such health plan coverage even if accruals are not available for use to maintain pay status as required under Section 17.12. In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain their group health plan coverage,either through payroll deduction or by paying the County directly. 17.12 Leave Without Pay - Use of Accruals. A. All Leaves of Absence. During the first twelve (12) month period of any leave of absence without pay, an employee may elect to maintain pay status each month by using available sick leave (if so entitled under Section 14.3-Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements; in other words,during the first twelve (12)months,a leave SEW 535 SLS - 37 - 2005-2008MOU SECTION 17 - LEAVE OF ABSENCE of absence without pay may be "broken" into segments and accruals used on a monthly basis at the employee's discretion. After the first twelve (12) months, the leave period may not be "broken" into segments and accruals may not be used, except when required by LTD Benefit Coordination or SDI/Sick Leave Integration under Section 15.5 or as provided in the sections below. B. Family Care or Medical Leave. During the eighteen (18) weeks of an approved medical or family care leave, if a portion of that leave will be on a leave of absence without pay,the employee will be required to use at least 0.1 hour of sick leave(if so entitled under Section 14.3 - Policies Governing the Use of Paid Sick Leave), vacation floating holiday, compensatory time off or other accruals or entitlements if such are available,although use of additional accruals is permitted under subsection A. above. C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible employee who files an LTD claim and concurrently takes a leave of absence without pay will be required to use accruals as provided in Section B herein during the eighteen (18) week entitlement period of a medical leave specified above. If an eligible employee continues beyond the eighteen (18)weeks entitlement period on a concurrent leave of absence/LTD claim, the employee may choose to maintain further pay status only as allowed under subsection A.herein. 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. 17.13 Leave of Absence Replacement&Reinstatement.Any permanent employee who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence,shall be reinstated to a position in that classification and department and then only on the basis of seniority. In case of severance from service by reason of the reinstatement of a permanent employee, the provisions of Section 11 -Seniority, Workforce Reduction, Layoff, & Reassignment shall apply. 17.14 Leave of Absence Return. In the Department of Employment&Human Services an employee shall have the right to return to the same class, building,and assignment(position control number) if the return to work is within eighty-nine (89) consecutive days from the initial date the employee started leave of absence. At such time the leave of absence is approved by the Appointing Authority, the Department shall notify the employee of the final date by which he/she shall return to be assigned to the same position control number. 17.15 Reinstatement From Family Care Medical Leave. In the case of a family care or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or.,comparable position if the return to work is after'no more than ninety(90)work days of leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same'or comparable position if the return to work on a full schedule is after no more than 720 hours, including use of accruals,of intermittent or reduced schedule leave.At the time the original leave is approved, the appointing authority shall notify the employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position.An employee on a schedule other than 5/40 shall have the time frame for reinstatement to the same or comparable position adjusted on a pro rata basis. SEW 535 SLS - 38 - 2005-2008MOU SECTION 18 - JURY DUTY AND WITNESS DUTY 17.16 Salary Review While on Leave of Absence.The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six(6)months during the preceding year,shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. 17.17 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or 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. 17.18 Non-Exclusivity.Other MOU language on this subject,not in conflict,shall remain in effect. 17.19 Time Off to Vote. Employees represented by the Union who do not have sufficient time outside of working hours to vote at a statewide election, may, without loss of pay, take off enough working time which will enable the employee to vote. No more than two (2)hours of the time taken off for voting shall be without loss of pay.The time off for voting shall be only at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift. Any employee seeking time off to vote under the provisions of this Section must submit a written request at least two (2) working days in advance to his or her immediate supervisor stating the following: name;job classification; department; a statement" I am a registered voter"; geographic location and address of the employee's polling place;amount of time requested and whether it is to be at the beginning or end of the employee's regular work day; and a clear statement as to why the employee is unable to vote during the regular hours that the polls are open. SECTION 18 -JURY DUTY AND WITNESS DUTY 18.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an employee is obligated to report to the court. When called for jury duty,County employees,like other citizens,are expected to discharge their jury duty responsibilities. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. If summoned for jury duty in a Superior,or Federal Court,or a Coroners jury,employees may remain in their regular County pay status, or they may take paid leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses paid to them. When an employee is summoned for jury duty selection or is selected as a juror in a Superior or Federal Court, employees may remain in a regular pay status if they waive all fees (other than mileage), regardless of shift assignment and the following shall apply: 1. If an employee elects to remain in a*regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered.The employee shall furnish the certificate to his department where it will be retained as a department record. No "Absence/Overtime Record" is required. SEIU 535 SLS - 39 - 2005-2008MOU 2. An.employee who elects to retain all fees must take leave(vacation,floating holiday, etc.)or leave without pay. No court certificate is required but an"Absence/Overtime Record" must be submitted to the department payroll clerk. Employees are not permitted to engage in any employment regardless of shift assignment or occupation before or after daily jury service that would affect their ability to properly serve as jurors. An employee on short notice standby to report to court, whose job duties make short notice response impossible or impractical, shall be given alternate work assignments for those days to enable them to respond to the court on short notice. When an employee is required to serve on jury duty, the County will adjust that employee's work schedule to coincide with a Monday to Friday schedule for the remainder of their service,unless the employee requests otherwise. Participants in 9/80 or 4/10 work schedules will not receive overtime or compensatory time credit for jury duty on their scheduled days off. Permanent-intermittent employees are entitled to paid jury duty leave only for those days on which they were previously scheduled to work. 18.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to 'them (other. than.mileage allowances)or they make take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g.,,accident suits and family relations)shall take vacation leave or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth in Section 18.1 above. Employees shall advise their department as soon as possible if scheduled to appearfor witness duty. Permanent intermittent employees are entitled to paid_witness duty only for those days on which they were previously scheduled to work. SECTION 19— HEALTH, LIFE & DENTAL CARE 19.1 County Programs.The County will continue to offer existing County Group Benefit Programs of medical, dental and life insurance coverage to all permanent employees regularly scheduled to work twenty(20)or more hours per week as described in Attachment C of the current agreement between the County and the Labor Coalition. 19.2 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 changes as they occur during the year: 19.3 Medicare Rates. Corresponding Medicare rates for employees covered under this MOU shall be as follows:. for Employee Only on Medicare by taking the Employee Only rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee;for Employee and Dependent(s)with one member on Medicare by taking the Employee and Dependent(s) rate.for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee; for Employee and SEW 535 SLS _ 40 - 2005-2008MOU SECTION 19- HEALTH, LIFE & DENTAL CARE Dependent(s)with two members on Medicare by taking the Employee and Dependent(s)rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for two enrollees. 19.4 Partial Month.The County's contribution to the Health Plan premium is payable for any month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller. The responsibility for this payment rests with the employee. If payment is not made,the employee shall be dropped from the health plan.An employee is thus covered by the health plan for the month in which compensation is paid. 19.5 Coverage During Absences.An employee on approved leave shall be allowed to continue his/her health plan coverage at the County group rate for twelve(12)months provided that the employee shall pay the entire premium for the Health Plan during said leave. An employee on leave in excess of twelve (12) months may continue health plan coverage by converting to an individual health plan option (if available)or continuing 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 in cancellation of health plan coverage with no reinstatement allowed. An employee who terminates County employment may convert to individual health plan coverage,if available,or may continue County group health plan coverage to the extent provided under COBRA by making premium payments to the County at a time and place specified by the County. 19.6 Retirement Coverage.Upon retirement,employees may remain in the same County group medical plan if immediately before their retirement they are either active subscribers to one of the County Health Plans or if on authorized leave of absence without pay they have retained their membership by either continuing to pay their monthly premium to the County by the deadlines established by the County or converting to individual conversion membership from the County plan through the medical plan carrier, if available. All employees hired on or after the date this provision is adopted and implemented by the Board of Supervisors,will be eligible for Retiree Health Coverage pursuant to the terms outlined above,upon completion of fifteen(15)years of service with Contra Costa County. For purposes of retiree health eligibility, a year of service shall be defined as one thousand (1,000) hours worked within an anniversary year. The existing method of crediting service while an employee is on an approved leave of absence will continue during the term of this agreement. 19.7 Deferred Retirement. Effective January 1, 1997,employees who resign and file for a deferred retirement may continue in their County group health and dental plan; the following conditions and limitations apply: a. Life insurance coverage is not included. b. To be eligible to continue health and dental coverage, the employee must: 1. be qualified for a deferred retirement under the 1937 Retirement Act provisions. 2. be an active member of a County group health and/or dental plan at the time of filing their deferred retirement application and elect to continue health benefits. SEW 535 SLS - 41 - 2005-2008MOU SECTION 19 - HEALTH, LIFE & DENTAL CARE 3. be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty-four (24) months of their application for deferred retirement. 4. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty (30) days before their separation from county service. C. Deferred retirees who elect continued health benefits hereunder may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement at their full personal expense, by paying the full premium for their health and dental coverage on or before the 11 th of each month to the Auditor-Controller. When they begin to receive retirement benefits, they will qualify for the same health and/or dental plan coverage and county subvention to which retirees who did not defer retirement are entitled. d. Deferred retirees who elect continued health benefits hereunder may elect not to maintain participation in their county health and/or dental plan during their deferred retirement period; and may instead qualify for the same coverage and county subvention in any County health and/or dental plan when they begin to receive retirement benefits as retirees who did not defer retirement are entitled; provided reinstatement to a County group health and/or dental plan with county subvention occurs no sooner than the first of the month following a full three(3)calendar month waiting period after the commencement of their monthly allowance. e. Eligibility for County subvention will not exist hereunder unless and until the member draws a monthly retirement allowance within not more than twenty-four(24)months after separation from County service. f. Deferred retirees are required to meet the same eligibility provisions for health/dental plans as active/retired employees. 19.8 Dual Coverage. If a husband and wife both work for the County and one of them is laid off, the remaining eligible shall be allowed to enroll or transfer into the health coverage combination of his/her choice. An eligible employee who is no longer covered for medical or dental coverage through a spouse's coverage shall be allowed to enroll or transfer into the health coverage combination of his/her choice within thirty(30)days of the date coverage is no longer afforded under the spouse's plan. 19.9 Health Care Spending Account.The County will offer regular full-time and part-time (20/40 or greater) County employees the option to participate in a Health Care Spending Account (HCSA) Program designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre-determined amount of money from their paycheck,not to exceed$3000 per year,for health care expenses not reimbursed by any other health benefits plan with before-tax dollars. Effective January 1, 2007, this amount shall be increased from $3000 to $4500 per year. Effective January 1, 2008, this amount shall be increased to $5000 per year. HCSA dollars can be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125.Any unused balance cannot be recovered by the employee. SEW 535 SLS - 42 - 2005-2008MOU SECTION 20 - PROBATIONARY PERIOD 19.10 Wellness Incentive Program.A broad-based pilot Wellness Incentive Program will be developed with input from the joint Labor/Management Wellness Committee.The purpose of this program.will be to reward County employees with incentives for participating in Wellness Program activities and encourage them to live healthier lifestyles.The Wellness Committee will work closely with the Human Resources Department on program design and implementation. A. Program Design. The Wellness Incentive Program design will include the development of additional wellness activities to compliment the current Employee Wellness Program schedule and collaboration with health plan carriers to develop special programs and activities for County employees and to encourage participation in their established wellness activities.Special emphasis will be placed on supporting major programs such as Smoking Cessation, Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings, and Health Fairs. B. Format. A point value system for program participation will be developed wherein each wellness activity and program will be assigned a point value. Points will accumulate and incentive prizes will be awarded to employees upon realizing certain point levels.The value of the prizes will increase with higher point values and one(1) grand prize will be awarded each year to the employee with the highest number of points. C. Incentives. A series of incentive prizes will be assigned to certain point values. In addition, recognition for employee and department participation will be an important aspect of the Wellness Incentive Program. D. Referral.The parties agree to refer the Wellness Incentive Program to the Wellness Committee for its consideration. 19.11 Child Care.The County will continue to support the concept of non-profit child care facilities similar to the "Kids at Work" program established in the Public Works Department. 19.1.2 Confidentiality of Information/Records.Any use of employee medical records will be governed by the Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26). 19.13 PERS Long Term Care.The County proposes to deduct and remit monthly premium and eligible lists to the PERS Long Term Care Administrator, at no County administrative cost,for County employees who are eligible and voluntarily elect to purchase long term care through the PERS Long Term Care Program. The County further agrees that County employees interested in purchasing PERS Long Term Care may participate in meetings scheduled by PERS Long Term Care on County facilities during non- work hours (i.e. coffee breaks, lunch hour). SECTION 20 - PROBATIONARY PERIOD 20.1 Duration.All appointments from officially promulgated employment lists for original entrance or promotion shall be subject to a probationary period.For original entrance,appointments, the probationary period shall be from nine (9) months to two (2) years duration. For promotional appointments, the probation period shall be from six (6) months to two (2) years duration. 20.2 Classes With Probation Periods Over Six/Nine Months. Listed below are those classes represented by the Union which have probation periods in excess of nine (9) months for original entrance appointments and six (6) months for promotional appointments: None. SEW 535 SLS - 43 - 2005-2008MOU SECTION 20 - PROBATIONARY PERIOD 20.3 Revised Probationary Period.When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject,to the revised probationary period. 20.4 Criteria. The probationary period shall commence from the date of appointment. It shall not include time served in provisional or temporary appointments or any period of continuous unpaid absence exceeding fifteen (15) calendar days, except as otherwise provided by law. For those employees appointed to permanent-intermittent positions with a nine(9)months probation period, probation will be considered'completed upon serving fifteen hundred (1,500) hours after appointment except that in no instance will this period be less than nine (9)calendar months from the beginning of probation. If a permanent-intermittent probationary employee is reassigned to full time,credit toward probation completion in the full time position shall be prorated on the basis of one .hundred seventy-three (173) hours per month. 20.5 Reiection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. A. Appeal from reiection. Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based on political or religious affiliations or opinions, Union activities, or race, color, national origin, sex, age, disability or sexual orientation. B. The appeal must be written, must be signed by the employee and set forth the grounds and facts by which it is claimed that grounds for appeal exist under Subsection A and must be filed through the Director of Human Resources to the Merit Board by 5:00 p.m. on the seventh (7th)calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may have been based on grounds prohibited in Subsection A, it may refer the matter to a Hearing Officer for hearing,recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If, after hearing,the Merit Board upholds the appeal,it shall direct that the appellant be reinstated in the position and the appellant shall begin a new probationary period unless the Merit Board specifically reinstates the former period. 20.6 Regular Appointment. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the Director of Human Resources receive from the appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee is recommended for permanent appointment. A probationary employee may be rejected at any time during the probation period without regard to the Skelly provisions of this rMOU,without notice and without right of appeal or hearing. If the appointing authority has not returned the probation report,a probationary employee may be rejected from the service within a reasonable time after the probation period for failure to pass probation. If the appointing authority fails to submit in a timely manner the proper written documents certifying that a probationary employee has served in a satisfactory SEW 535 SLS - 44 - 2005-2008MOU SECTION 21 - PROMOTION manner and later acknowledges it was his or her intention to do so, the regular appointment shall begin on the day following the end of,the probationary period. Notwithstanding any other provisions of the MOU,an employee rejected during the probation period from a position in the Merit System to which the employee had been promoted or transferred from an eligible list, shall be restored to a position in the department from which the employee was promoted or transferred. An employee dismissed for other than disciplinary reasons within six (6) months after being promoted or transferred from a position in the Merit System to a position not included in the Merit System shall be restored to a position in the classification in the department from which the employee was promoted or transferred. A probationary employee who has been rejected or has resigned during probation shall not be restored to the eligible list from which the employee was certified unless the employee receives the affirmative recommendation from the appointing authority and is certified by the Human Resources Director whose decision is final. The Director of Human Resources shall not certify the name of a person restored to the eligible list to the same appointing authority bywhom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 20.7 Layoff During Probation. An employee who is laid off during probation, if reemployed in the same class by the same department, shall be required to complete only the balance,of the required probation. If reemployed in another department or in another classification, the employee shall serve a full probationary period.An employee appointed to a permanent position from a layoff or reemployment list is subject to a probation period if the position is in a department other than the department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 20.8 Refection During Probation of Layoff Employee.An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list,unless discharged for cause, if the person is within the period of layoff eligibility.The employee shall begin a new probation period if subsequently certified and appointed in a different department or classification than that from which the employee was laid off. SECTION 21 - PROMOTION 21.1 Competitive Exam.Promotion shall be by competitive examination unless otherwise provided in this MOU. 21.2 Promotion Policy.The Director of Human Resources,upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 21.3 Open Exam. If an examination for one of the classes represented by the Union is proposed to be announced on an open only basis,the Director of Human Resources shall give five (5)days prior notice of such proposed announcement and shall meet at the request of the Union to discuss the reasons for such open announcement. SEW 535 SLS - 45 - 2005-2008MOU SECTION 22 - TRANSFER 21.4 Promotion via Reclassification Without Examination. Notwithstanding other provisions of this Section, an employee may be promoted from one classification to a higher classification and his/her position reclassified at the request of the appointing authority and under. the following conditions: a. An evaluation of the positions) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. b. The incumbent of the position must have performed at the higher level for one (1) year. C. The incumbent must meet the minimum education and experience requirements for the higher class. d. The action must have approval of the Human Resources Director. e. The Union approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 21.5 1 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis,an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or'before the final filing date. If an employee who is qualified on a promotional employment list is separated from the merit system, except by layoff, the employee's name shall be removed from the promotional list. 21.6. Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score,'not including seniority credits,of seventy percent(70%)or more, shall receive, in addition to all other credits, five one-hundredths of one (.05) 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 list is determined. No employee, however, shall receive more than a total of five percent(5%) credit for seniority in any promotional.examination. 21.7 Physical Examination. County employees who are required, as part of the promotional examination process to take a physical examination, shall do so on County time at County expense. SECTION 22 -TRANSFER 22.1 Transfer Conditions. The following conditions are required in order to qualify for transfer: a. The position shall be in the same class, or if in a different class shall have been determined by the Director of Human Resources to be appropriate for transfer on the basis of minimum qualifications and qualifying procedure; b. the employee shall have permanent status in the merit system and shall be in good standing; SEW 535 SLS - 46 - 2005-2008MOU SECTION 22 - TRANSFER C. the appointing authority or authorities involved in the transaction shall have indicated their agreement in writing; d. the employee concerned shall have indicated agreement to the change in writing; e. the Director of Human Resources shall have approved the change. Notwithstanding the foregoing,transfer may also be accomplished through the regular appointment procedure provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. 22.2 Transfer Without Examination. With the approval of the appropriate appointing authority/authorities and the consent of the employee, the Director of Human Resources may transfer an employee from one job classification to another job classification without examination under the following conditions: a. the duties and responsibilities of the position from which the employee is being transferred are-within the occupational area or directly associated with the duties and responsibilities of the position to which the employee is being transferred. b. the employee must possess the minimum qualifications for the job classification to which the employee is being transferred. C. the employee must serve the probationary period required for the classification into which the employee is being transferred. d. an employee rejected during the probationary period or who resigns during the probationary period for other than disciplinary reasons shall have the right at that time to be restored to a position in the classification in the department from which the employee was transferred. The Human Resources Director, upon request, will provide written justification for invoking this section. 22.3 Transfer Policy. Any employee or appointing authority who desires to initiate a transfer may inform the Director of Human Resources in writing of such desire stating the reasons therefore. The Director of Human Resources shall, if he or she considers that the reasons are adequate and that the transfer will be for the good of the County service and the parties involved, inform the appointing authority or authorities concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. 22.4 Miscellaneous Assignments. A. Vacancies which do not involve the supervision of Social Casework Specialists, or are not covered by Section 38.g, shall be open for bid to all employees covered by this agreement in accordance with provisions of Section 35 - Performance Evaluation. B. When an employee covered by this agreement is appointed to an out of class appointment to a position outside of this bargaining unit, but within the Department, and such appointment is due to the lack of an eligible list, the Department shall request County Human Resources to schedule an examination for said classification except where extenuating circumstances exist. SEIU 535 SLS - 47 - 2005-2008MOU SECTION 23 - RESIGNATIONS C. Social Work Supervisors II with Emergency response experience will be given primary consideration in assigning substitute supervisors to the after-hours Emergency Response Program.All such Social Work Supervisors II will be given the opportunity annually to be placed on the substitute supervisor list in order to be eligible to receive overtime pay for the after-hours Emergency Response Program. SECTION 23 -RESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination.Oral resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the.Human Resources Department and shall indicate the effective date of termination. 23.1 Resignation in Good Standing.A resignation giving the appointing authority written notice at least two (2)weeks in advance of the last date of service (unless the appointing authority requires a longer period, up to four(4)weeks,for a specific reason, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 23.2 Constructive Resignation.A constructive resignation occurs and is effective when:. a. An employee has been absent from duty for five (5) consecutive working days without leave; and b. five (5) more consecutive working days have elapsed without response by the employee after the mailing of a notice of resignation by the appointing authority to the employee at the employee's last known address. 23.3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative either on that date or another date specified. 23.4 Revocation.A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority,except that an oral resignation rescinded in writing by the end of the workday following the oral resignation will be accepted by the appointing authority. 23.5 Coerced Resignations. A: Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days 'after its expression, by serving written notice on the Director of Human Resources and a copy on the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, it shall be revoked and the employee returned to duty effective on the day following the appointing authority's acknowledgment without loss of seniority or pay. C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Director of Human Resources waiving the employee's right of appeal to the Merit Board in favor of the employee's SEW 535 SLS - 48 - 2005-2008MOU SECTION 24 - DISMISSAL, SUSPENSION & DEMOTION appeal rights under the grievance procedure contained in Section 25 — Grievance Procedure of the MOU beginning with Step 3. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. SECTION 24 - DISMISSAL, SUSPENSION & DEMOTION 24.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend, or demote any employee for cause. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal,suspension,or demotion maybe based on reasons other than those specifically mentioned: a. absence without leave, b. conviction of any criminal act involving moral turpitude, C. conduct tending to bring the merit system into disrepute, d. disorderly conduct, e. incompetence or inefficiency, f. insubordination, g. being at work under the influence of liquor or drugs,carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises, h. neglect of duty, i.e. non-performance of assigned responsibilities, L negligent or willful damage to public property or waste of public supplies or equipment, j. violation of any lawful or reasonable regulation or order given by a supervisor or Department Head, k. willful violation of any of the provisions of the merit system ordinance or Personnel Management Regulations, I. material and intentional misrepresentation or concealment of any fact in connection with obtaining employment, M. misappropriation of County funds or property, n. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this MOU, o. dishonesty or theft, P. excessive or unexcused absenteeism and/or tardiness, SEW 535 SLS - 49 - 2005-2008MOU SECTION 24 - DISMISSAL., SUSPENSION & DEMOTION q. sexual harassment, including but not limited to unwelcome. sexual advances, requests for sexual favors,and other verbal,or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. 24.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before taking a disciplinary action to dismiss, suspend for more than five (5) work days, (four (4) work days for employees on 4/10 work week),or demote an employee,the appointing authority shall cause to be served, either personally or by certified mail, on the employee, a Notice of Proposed Action,which shall contain the following: a. A statement of the action proposed to be taken. b. A copy of the charges; including the acts or omissions and grounds upon which the action is based. C. If it is claimed that the employee has violated a rule or regulation of the County, department or district, a copy of said rule shall be included with the notice. d. A statement that the employee may review and request copies of materials upon which the proposed action is based. e. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. Employee Response.The employee upon whom a Notice of Proposed Action has been served shall have seven(7)calendar days to respond to the appointing authority either orally or in.writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7)days or any extension, the right to respond is lost. 24.3 Leave Pending Employee Response. Pending response to a Notice of Proposed .Action within the first seven (7) days, the appointing authority for cause specified in writing may place the employee on temporary leave of absence,with pay. 24.4 Lencith of Suspension. Suspensions without pay shall not exceed thirty(30)days unless ordered by an arbitrator, an adjustment board or the Merit Board. 24.5 Procedure on Dismissal, Suspension, or Disciplinary Demotion. A. In any disciplinary action to dismiss, suspend, or demote an employee having permanent status in a position in the merit system, after having complied with the Skelly requirements,where applicable,the appointing authority shall make an order in writing stating specifically the causes for the action. B. Service of Order.Said order of dismissal,suspension,or demotion shall be filed with the Director of Human Resources, showing by whom and the date a copy was served upon the employee to be dismissed, suspended or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon personal service or deposit in the U. S. Postal Service. SEW 535 SLS - 50 - 2005-2008MOU SECTION 25 - GRIEVANCE PROCEDURE C. Employee Appeals from Order. The employee may appeal an order of dismissal, suspension, or demotion either to the Merit Board or through the procedures of Section 25 -Grievance Procedure of this MOU provided that such appeal is filed in writing with the Human Resources Director within ten (10) calendar days after service of said order.An employee may not both appeal to the Merit Board and file a grievance under Section 25 of this MOU. 24.6 Employee Representation Rights. The County recognizes an employee's right to representation during an investigatory interview or meeting that may result in discipline. The County shall not interfere with the representative's right to assist an employee to clarify the facts during the interview. If the employee requests a union representative, the investigatory interview shall be temporarily recessed for a reasonable period of time until a union representative can be present. For those interviews,which by nature of the incident must take place immediately,the union will take reasonable steps to make a union representative immediately available. The employer shall inform the employee of the general nature of the investigation at the time the employer directs the employee to be interviewed. SECTION 25 -GRIEVANCE PROCEDURE 25.1 Definition and Procedural Steps. A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding,however,those provisions of this MOU which specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. The Union may represent the grievant at any stage of the process.Grievances must be filed within thirty (30) days of the incident or occurrence about which the grievant claims to have a grievance and shall be processed in the following manner: A. Step 1. Any employee or group of employees who believes that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the grievant's immediate supervisor,who shall meet with the grievant within five (5)days of receipt of a written request to hold such meeting. Grievances challenging suspensions,reductions in pay,demotions and terminations may be filed at Step 2 within the time frame set forth above. B. Step 2. If a grievance is not satisfactorily resolved in Step 1 above,the grievant may submit the grievance in writing within ten(1 O)work days to such management official as the Department Head may designate. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied, how misapplication or misinterpretation has affected the grievant to the grievant's detriment,and the redress the grievant seeks.A copy of each written communication on a grievance shall be filed with the Director of Human Resources.The Department Head or his or her designee shall have ten (10)work days in which to respond to the grievance in writing. C. Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the grievant may appeal in writing within ten (10)work days to the Human Resources Director. The Human Resources Director or his or her designee shall have twenty(20)work days in which to investigate the merit of the complaint and to meet with the Department Head and the grievant and attempt to settle the grievance and respond in writing. D. Step 4. No grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 3 above and filed within ten (10)work days of the written response of the Human Resources Director or designee. If the SEW 535 SLS - 51 - 2005-2008MOU SECTION 25 - GRIEVANCE PROCEDURE parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, such grievance shall be submitted in writing to an Adjustment Board comprised of three (3) Union representatives, no more than two (2) of whom shall be either an employee of the County or an elected or appointed official of the Union presenting this grievance,and three(3)representatives of the County,no more than two(2)of whom shall be either an employee of the County or a member of the staff of an organization employed to represent the County in the meeting 'and conferring process. Where the parties agree,the Adjustment Board may be comprised of two(2)Union representatives and two(2)County representatives. The Adjustment Board shall meet within twenty(20) work days of receipt of the written request and render a decision. If the County fails to meet the time limits specified in Step 4 and the grievant demands in writing that an Adjustment Board be convened,the County will convene an Adjustment Board within ten (10)work days or grievance will move to arbitration upon demand. This step of the grievance procedure may be waived by the written mutual agreement of the parties. E. Step 5. If an Adjustment Board is unable to arrive at a majority decision, either the. grievant or the County, may require that the grievance be referred to'an impartial arbitrator who shall be designated by mutual agreement between the grievant and the Human Resources Director. Such request shall be submitted within twenty(20) work days of the rendering of the Adjustment Board decision. Within twenty (20) work days of the request for arbitration the parties shall mutually select an arbitrator who shall render a decision within thirty (30) work days from the date of final submission of the grievance including receipt of the court reporter's transcript and post-hearing briefs, if any.The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the grievant and the County. Each party, however,shall bear the costs of its own presentation,including preparation and post hearing briefs, if any. 25.2 Scope of Adiustment and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them- shall be final and binding on the parties hereto, to the extent permitted by law. B. No adjustment Board and-no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in Subsection 25.1 above. C. Proposals to add 'to or change this MOU or to change .written agreements supplementary hereto shall-not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. If the Human Resources Director in pursuance of the procedures outlined in Subsection 25.1.0 above,or the Adjustment Board in pursuance of the provisions of Subsection 25.1.13 above resolve a grievance which involves suspension or SEW 535 SLS - 52 - 2005-2008MOU SECTION 25 - GRIEVANCE PROCEDURE discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time. E. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Boards or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Union or Association. 25.3 Time Limits.The time limits specified above may be waived by mutual agreement of the parties to the grievance. If the County fails to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If a grievant fails to meet the time limits specified in Steps 1 through 5 above,the grievance will be deemed to have been settled and withdrawn. 25.4 Compensation Complaints.All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Human Resources Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process,if not detailed in the MOU which results from such meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than two (2)years from the date upon which the complaint was filed. No change in this MOU or interpretations thereof(except interpretations resulting from Adjustment Board or arbitration proceedings hereunder)will be recognized unless agreed to by the County and the Union. 25.5 Strike/Work Stoppage. During the term of this MOU, the Union, its members and representatives, agree that it and they will not engage in,authorize,sanction,or support any strike, slowdown, stoppage of work, sickout, or refuse to perform customary duties. In the case of a legally declared lawful strike against a private or public sector employer which has been sanctioned and approved by the labor body or council having jurisdiction,an employee who is in danger of physical harm shall not be required to cross the picket line, provided the employee advises his or her supervisor as soon as possible, and provided further that an employee may be required to cross a picket line where the performance of his or her duties is of an emergency nature and/or failure to perform such duties might cause or aggravate a danger to public health or safety. 25.6 Merit Board. A. All grievances of employees in representation units represented by the Union shall be processed under Section 25 unless the employee elects to apply to the Merit Board on matters within its jurisdiction. B. No action under paragraph C, D and E of subsection 25.1 above shall be taken if action on the complaint or grievance has been taken by the Merit Board, or if the complaint or grievance is pending before the Merit Board. 25.7 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this MOU. 25.8 Union Notification. An official with whom a formal grievance is filed by a grievant who is included in a unit represented by the Union in the grievance shall give the Union a copy of the grievance. SEW 535 SLS - 53 - 2005-2008MOU SECTION 26 - BILINGUAL PROVISIONS SECTION 26 - BILINGUAL PROVISIONS A salary differential of eighty.dollars ($80.00) per month shall be paid incumbents of positions requiring bilingual proficiency as designated by the appointing authority and Director of Human Resources. Said differential shall be prorated for employees working less than full time and/or who are on an unpaid leave of absence for a portion of any given month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. Effective January 1, 2007, the current program differential,shall be increased to a total of one hundred dollars ($100.00) per month. SECTION 27 - RETIREMENT CONTRIBUTION 27.1 Contribution. Pursuant to Government Code Section 31581.1, the County will continue to pay fifty percent(50%)of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOU, and shall terminate thereafter. Employees shall be responsible for payment of the employees'contribution for the retirement cost of living program as determined by the Board of Retirement of the Contra Costa County Employees' Retirement Association without the County paying any part of the employees share.The County will pay the remaining one-half(1/2)of the retirement cost-of-living program contribution. 27.2 Tier III Retirement Plan. Subject to the enactment of enabling legislation amending the 1937 Employees' Retirement Act to allow such election, the County will permit certain Tier II employees to elect a Tier III Retirement Plan under the following conditions: 1. The County and the Labor Coalition must agree on the wording of the legislation and both parties must support the legislation. 2. Except for disability, all benefit rights, eligibility for and amounts of all other benefit entitlements for Tier III,from and after the date of implementation,shall be the same as Tier I. The disability benefits for Tier III shall be the same as the current Tier II disability provisions. 3. The amount of the employee's required retirement contribution shall be established by the County Employees' Retirement Association and shall be based on the employee's age at entry into the retirement system. 4. Employees represented by the Labor Coalition and its member employee organizations (herein referred to as Labor Coalition), enrolled in Tier II who have attained five (5) years of retirement credited service as of the effective date of the enabling legislation shall have a six(6)month period after such date to make a one time irrevocable election of the Tier II I 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 II who have attained five(5)years of retirement credited service shall have a ninety(90)day period to make a one time irrevocable election of the Tier III Retirement Plan expressed herein. 5. a. The County's employer contributions and subvention of employee contributions for Labor Coalition employees electing Tier III which exceed those which would be required for Tier II membership shall: SEW 535 SLS - 54 - 2005-2008MOU SECTION 27 - RETIREMENT CONTRIBUTION 1. be funded by reducing the general wage increase agreed upon to be effective October 1, 1997, and the pay equity amounts attributable thereto, by a percentage sufficient to reduce the County's wage obligation by three (3)million dollars per year; and the general wage increase of all employees represented by the Labor Coalition shall be reduced accordingly; and . 2. in the event the County's costs attributable to the creation and operation of Tier III exceed three (3) million dollars per year or the County Employee's Retirement Association's actuaries determine in future years that the County's retirement costs have increased and that the increase is attributable to the creation of Tier III and/or the impact of Tier III on the County's retirement costs, such increase shall be funded by reducing the general wage increase(s) agreed upon in future years,and the pay equity amounts attributable thereto, to the extent that future wage increases are granted;and the general wage increases)of all employees represented by the Labor Coalition shall be reduced accordingly; and 3. in the event the County's costs attributable to the Tier III Retirement Plan are less than three (3) million dollars per year, the difference shall be divided by twelve and each twelfth shall be augmented by an amount equal to the County's common pooled fund interest which would have accrued if one twelfth had been invested in the first month of the past year, two twelfths in the second month of the past year and so forth; and 4. any savings to the County resulting from the creation and operation of Tier III shall be used to offset future County retirement cost increases attributable to the creation and operation of Tier III; and 5. County savings shall be held in an account by the Auditor-Controller which is invested in the County's common pooled fund and will accrue interest accordingly.The County will report yearly to the Labor Coalition on a)the beginning account balance,b)the interest earned, c)expenditures from the account to cover increased costs resulting from the Tier III Retirement Plan,and d)the ending account balance. b. Any increased costs to the County,due to Tier III participation by employees not represented by the Labor Coalition, shall not be funded by reduction of general wage increases otherwise due to the employees represented by the Labor Coalition. C. Subject to the provisions expressed above, any and all additional employer and County-paid employee contributions which exceed the sum of the County's legally required contributions under Tier II shall be recovered by reducing general wage increases to the employees represented by the Labor Coalition. d. Any disputes regarding cost or savings shall be subject to binding arbitration upon demand of the Labor Coalition or the County. 6. a. The enabling legislation shall provide that the Tier III Retirement Plan may be implemented only by an ordinance enacted by the Board of Supervisors. SEW 535 SLS - 55 - 2005-2008MOU SECTION 28 - TRAINING REIMBURSEMENT b. Board of Supervisor's action to implement'the Tier III Retirement Plan shall be taken not earlier than seven (7) months after the effective date of the legislation plus thirty(30)days after an actuarial report on the County cost of the Plan is received by the County, provided that before enactment of the ordinance, the Labor Coalition has not notified the County in writing that a one percent (1%) wage increase shall be implemented by the County effective October 1 1997, without interest, in lieu of implementation of the Tier III Retirement Plan. 7. The establishment of the Tier III Retirement Plan pursuant to the terms of this Memorandum of Understanding shall be subject to approval by the Board of Retirement of the Contra Costa County Employee's Retirement Association. 8. In the event the County is prevented from implementing the Tier III Retirement Plan for any reason on or before the termination date of this MOU, the agreement of the parties regarding a Tier III Retirement Plan shall expire and a one percent(1%)lump sum wage increase shall be implemented by the County within sixty(60)days after the determination that Tier III cannot be implemented or as soon thereafter as practicable for the period covering October 1, 1997 through such termination date, without interest, in lieu of the Tier III Retirement Plan. Effective October 1,2002,Tier 2 of the retirement plan shall be eliminated and all employees in Tier 2 of the retirement plan shall be placed in Tier 3. Employees in Tier 2 with ten (10) or more years of County/District service, will be eligible to participate in the County's buy back program. Employees may replace Tier 2 benefits with Tier 3 benefits as follows: 1. Employee buys back two (2) years, County will buy back one (1) year for a total of three (3) years of buyback. 2. Employee buys back four(4)years, County will buy back two(2)years for a total of six(6)years of buyback. 3. Employee buys back six (6) years, County will buyback three (3) years for a total of nine (9) years of buyback. SECTION 28 -TRAINING REIMBURSEMENT The Department of Employment& Human Services shall establish an annually renewable training reimbursement fund in the amount of$5,000 for the exclusive purpose of reimbursing employees covered by this agreement for the cost of tuition, fees, books, and other employee expenses incurred in the pursuit of work related education, continuing education, or work related graduate degree. Said fund shall replace the career development training reimbursement described in the County Administrative Bulletin on Training. Reimbursement under said fund will be limited to seven hundred fifty dollars ($750) per year. When authorized as operationally beneficial to the Department,up to fifty dollars($50)of the training reimbursement fund per calendar year per employee may be used toward conference attendance or related materials not covered in the Professional' Development Allowance in Section 52.d. SEW 535 SLS - 56 - 2005-2008MOU . SECTION 29 - MILEAGE Reimbursement under the above limits for the cost of books for career development shall be allowable. SECTION 29 - MILEAGE 29.1 Reimbursement Rate. The mileage allowance for use of personal vehicles on County business shall be paid according to the rates allowed by the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the Internal Revenue Service,whichever is later. 29.2 Regulations.The County Administrator shall promulgate regulations covering these matters and the submission of account claims to the Auditor-Controller. SECTION 30 - RESPITE LEAVE WITHOUT PAY All employees represented by Local 535 shall be granted ten (10)days respite leave without pay per fiscal year. Such leave shall be taken in increments of one(1)full day(eight(8)hours)and shall be requested in writing.Conflicting requests for respite leave shall be resolved by the Department Head or designee with preference given to employees according to their seniority in the department, as reasonably as possible.Any balance in the ten (10)days respite leave which remains at the end of the fiscal year shall not be carried over into the next fiscal year. SECTION 31 -CONSERVATORSHIP DIFFERENTIAL The County will continue to pay a conservatorship differential to any employee covered by this agreement who supervises one or more employees receiving such a conservatorship differential. SECTION 32 -NOTICE OF NEW EMPLOYEES The County agrees to periodically mail to Social Services Union, Local 535 a list of names, classifications, and the designation of permanent employment category of new employees appointed to classifications represented by Local 535. Said periodic list will be mailed within forty- five (45) days of the end of each month. SECTION 33 - PERSONNEL FILES A Department shall maintain only one official personnel file. 33.1 Inspection. Each employee, or an employee's representative so designated by written authorization of the employee, shall have the right to inspect and review the employee's personnel file upon request at reasonable times and for reasonable periods during the regular business hours of the County. Employees shall be permitted to review their personnel files at the Personnel office during their work hours. For those employees whose work hours do not coincide with the County's business hours, management shall provide a copy of the employee's personnel file for their review. The custodian of records will certify that the copy is a true and correct copy of the original file. 33.2 Inspection Exclusions. Documentation in the personnel file relating to the investigation of a possible criminal offense,medical records which contain a physician's admonition that the employee not see such records, and information or letters of reference shall be specifically excluded from such inspection and review. SEW 535 SLS - 57 - 2005-2008MOU SECTION 34 - COUNSELING 33.3 Removal and Release of Material. Pre-employment reference material shall be removed from the personnel file after one (1) year of continuous employment with the County. Medical records may be released to qualified medical authorities upon execution of a written release by the employee and with the concurrence of the County's medical authorities. 33.4 Copies. An employee may request copies of other material contained in the personnel file. The employer shall bear the cost of the reproduction of copies. A. The County shall provide the employee with copies of all performance evaluation reports and letters of reprimand or warning or other negative material prior to the placement of such documents in the employee's departmental personnel file. B. A counseling memo placed in an employee's departmental personnel file which is not referenced in the employee's subsequent performance evaluation shall be removed from the employee's departmental personnel file upon the written request of the employee. If an employee is not evaluated when an annual performance is due, the employee may request through the Department Personnel Officer that a performance evaluation be completed. If an employee has not had a performance evaluation within eighteen (18) months subsequent to a counseling memo being placed in the employee's department personnel file, the counseling memo shall be removed from the employee's personnel file, provided that there has not been a subsequent counseling memo on the same subject in that period of time. C. Upon written request of the employee,copies of letters of reprimand or warning shall be sent to the Union. 33.5 Employee Response. The County shall afford the employee the opportunity to respond in writing to any information contained in'their personnel file. Such response shall be included in the employee's personnel file. SECTION 34 -COUNSELING Whenever an employee's job performance and/or conduct becomes less than satisfactory, counseling shall be provided by the employee's supervisor. Such counseling shall specifically state the unsatisfactory nature of the employee's performance and/or conduct and specific ways in which the employee can bring such performance and/or conduct up to the satisfactory level. Said counseling shall be provided as soon as possible after the occurrence of the less than satisfactory performance and/or conduct. No adverse action.shall be taken by the County against any employee unless such counseling has been provided and time for improvement has been given. The employee's supervisor shall prepare written documentation of such counseling and provide a } copy of the documentation to the employee. The foregoing shall not apply to probationary employees or in those cases where immediate disciplinary action is necessary. If,after such a counseling session has occurred between a supervisor and employee,the employee requests of the Department Personnel Officer a meeting with a Steward/Officer of the union and Department representatives,such a meeting shall be held.This meeting shall be held within fifteen (15)working days. SEW 535 SLS - 58 - 2005-2008MOU SECTION 35 - PERFORMANCE EVALUATION SECTION 35 - PERFORMANCE EVALUATION 35.1 Purpose. The purpose of a performance evaluation for an employee is to measure the employee's performance against the job specifications and performance requirements of the position that the incumbent is filling. It answers the questions.of how well an employee is doing in meeting the department's performance standards for this job. It satisfies a basic requirement for the employee to know where he/she stands with the organization in regard to his/her performance. It delineates areas of strengths and weaknesses.Where performance is below standard, it suggests possible ways of making improvement. 35.2 Probationary Period. During the probationary period,the performance evaluation is used as the last phase of an individual's examination process. Probationary employees receive a preliminary evaluation at the end of three (3) months, and a final evaluation after their fifth (5th) month of probation. An overall rating of STANDARD must be received on the final probationary evaluation in order for the employee to achieve permanent status. 35.3 Annual Evaluation.Once an employee achieves permanent status,the employee's performance is evaluated at least once a year.Additional evaluations may be made between these required evaluations as necessary. Evaluations will also be made when an employee or supervisor terminates, or when an employee or supervisor is reassigned to another unit and more than three (3) months have elapsed since the last written evaluation. 35.4, Below Standard Evaluation. In the event a permanent employee receives an overall rating of BELOW STANDARD, such employee must be reevaluated within three (3) months following the date of the report. If the employee shows no significant improvement at the end of this period,a recommendation for demotion or dismissal will be made. However,if at the end of three(3) months, there has been improvement but the employee's performance is still not at a STANDARD level,the employee may be given two(2)additional three-month periods to meet the standards if the supervisor agrees those standards will be reached during this period. The work performance of each employee is to be rated on all of the rating factors on the appropriate form. Each of these factors has been found to be of critical importance in determining successful job performance for employees. Individual rating factors and overall ratings of BELOW STANDARD must be substantiated in the Comments section, as well as suggestions or plans for improved performance in those areas. If some significant aspect of performance is above the level indicated by the factor rating,this may be pointed out by a statement in the Comments section to the employee. 35.5 Discussion With Employee. The Rater will discuss the report with the employee and provide the employee with a copy at that time if the employee wishes to discuss the report with the Reviewer. In signing the report,the employee is merely acknowledging having seen the report;it does not indicate agreement. 35.6 Definitions of Ratings.A factor rating of ABOVE STANDARD means that this part of the employee's work performance is consistently beyond the level expected of a competent worker in the position. An overall rating of STANDARD means that the employee's work performance is acceptable and will result, where pertinent, in receipt of salary increment, promotion, or permanent status. SEW 535 SLS - 59 - 2005-2008MOU SECTION 36 - SAFETY PROGRAM A factor rating of BELOW STANDARD means that this part of the employee's work performance is frequently below the level of a competent worker in the position and that effort should be made to improve. An overall rating of BELOW STANDARD means the employee's work performance is inadequate and may result in the loss or delay of the salary increment, demotion, dismissal, or rejection on probation. 35.7 Appeal Procedure. If an employee believes his/her rating is improper,he/she should discuss it with the Rater. If still not satisfied,the employee should sign the report and place an")Cin the space provided by his/her signature to indicate he/she wishes to discuss the report with the Reviewer(the Social Service Division Manager). Within five (5)calendar days after being given a copy of the Report of Performance Evaluation,an employee who wishes consideration in addition to the Rater's evaluation should prepare a written statement to the Reviewer as follows: 1)Identify the report by stating the date of the report,the name of the Rater,and the date the report was received; 2)Specify the ratings or comments which he/she believes are incorrect and should be changed; 3). Give facts substantiating the requested changes to these ratings or comments; 4) Keep a copy of the written request and send the original to the Reviewer. Upon receiving the written statement,the Reviewer will have five (5) calendar days to meet with the employee to consider the employee's comments and to respond in writing. The Reviewer's response shall be given to the employee. A copy of the Reviewer's response along with the employee's written statement shall be attached to the Report of Performance Evaluation. Failure to allow the foregoing procedure is subject to the grievance procedure. However,disputes over the actual content or ratings themselves in individual evaluations are not grievable. SECTION 36 - SAFETY PROGRAM Health and safety standards shall be maintained in all County facilities to a maximum degree consistent with the conduct of efficient operations. The Department of Employment & Human Services shall operate a department-wide employee health and safety program. This program shall consist of: a. A central department Safety Committee comprised of one(1)member appointed by Local 535 from each major building location, one (1) management employee who shall be the Building Manager for that location and other employee organization representatives, and the Department ' Personnel Officer, or designee. The Department Personnel Officer, or designee, will serve as chairperson. The committee shall meet every six (6)weeks. b. All Committee members will receive training on a) accident/injuryreporting procedures,b)accident/injury investigation and prevention,c)safety awareness,and d) procedures by which safety concerns are handled. C. The committee shall consider items and information raised by its members related to the department's health and safety program. Committee recommendations shall be reported to and reviewed by the Department Head who shall respond in writing to all recommendations. d. Departments without a Safety Committee shall establish a committee within ninety (90)days of the effective date of this agreement. The Union shall appoint all labor representatives to the Committee. All Safety Committees shall schedule their meetings. SEW 535 SLS - 60 - 2005-2008MOU SECTION 37 - FLEXIBLE STAFFING SECTION 37 - FLEXIBLE STAFFING 37.1 Designation.Certain positions may be designated by the Human Resources Director as flexibly staffed positions. Positions are generally allocated at the first level of the job series when vacated. When the position is next filled and an incumbent of one of these positions meets the minimum qualifications for the next higher level and has met appropriate competitive requirements he/she may then be promoted to the next higher classification within the job series without need of a classification study.. The following job classifications are flexibly staffed: None. Open examinations at either level in the above mentioned classifications shall be administered upon the request of the.Department Head and approval of the Director of Human Resources. 37.2 Continuous Testing for Flexibly Staffed Classes. Employees in a flexible staffed job series which have been determined by the Director of Human Resources as appropriate for continuous testing may apply for promotion to the next higher classification level as follows: Applicants must file the regular Human Resources Department Application for Examination Form and where applicable, the appropriate supplemental questionnaire with the Human Resources Department. The first Friday in each month is the filing deadline for any candidate who meets the minimum qualifications at any time during that month. The names of accepted applicants will be placed on the eligible ,list by the first working day of the following month. Employees who file applications must notify their supervisor and their departmental personnel officer.Nothing contained in this section shall be construed as making a promotion automatic or automatically effective on the first of the month following the filing of an application. It is the responsibility of the Department that wishes to promote employees in flexibly staffed positions to submit a personnel request(certification request) prior to the first day of the month in which they wish to promote the employee. Personnel requests for promotion of employees to become effective on the first of the month must be in the Human Resources Department by the last working day of the prior month. It is the employees' responsibility to submit applications for promotion sufficiently in advance to assure receipt in the Human Resources Department by the first Friday of the month in which they become eligible for promotion. If an error occurs in the Human Resources Department which causes a delay in the processing of an application, said error shall be corrected and the employee shall be placed on the eligible list retroactively to the first of the month following his/her eligibility. If an operating department verifies in writing the intent to promote an employee on the first of the month following eligibility, said appointment shall be made retroactive to the first of the month following his/her eligibility. SECTION 38 -STAFFING ALLOCATIONS AND REASSIGNMENTS On the basis of the Department's staffing distribution review, the Department may consider reassignment of staff represented by this agreement. The following procedure shall be used: a. Internal moves within the Division may be made at the discretion of the Assistant Director within twenty(20)working days following publication of staff allocations. SEW 535 SLS - 61 - 2005-2008MOU SECTION 38 - STAFFING ALLOCATIONS AND REASSIGNMENTS b. Authorized staffing levels shall be determined as needed by the Department.Vacant authorized positions shall be bid to the appropriate class in all offices for a three-day period'and, as provided below, may be certed simultaneously from the appropriate Eligible List, or filled as otherwise provided in the MOU or County Regulations. Where there are at least five (5) bid responses for a Social Work Supervisor II position,or four(4)bid responses for a Social Work Supervisor I or other remaining classes within the representation Unit,the Department shall only interview and select from those respondents.Where there are less than the minimum bid respondents at any point in the bid process, the Department may cert from the appropriate eligible list or fill as otherwise provided in the MOU or County regulations, provided, however,that all bid respondents will be interviewed.Authorized vacancies resulting from the bid process may automatically be certed from an appropriate eligible list. In the event of workload imbalance, upon mutual agreement between the Union and Department, bids may be limited so specific Division(s)to correct said imbalance. C. Employees responding to bids shall complete Department Reassignment Request Forms and submit these to the Department Personnel Unit. Such Reassignment Request Forms must be received by 5:00 p.m. on the day the bid closes. d. If there are less than five(5)responses to a posted bid notice and the Department is not able to otherwise fill the position, the Department may consider the bid responses and/or consider reassignment of one (1) of the three (3) least senior employees within the classification within two (2)weeks of the closing of the bid. If there are only two (2) bidders, the two (2) bidders will be considered for reassignment along with the least senior employee; if there is only one (1) bidder, that bidder will be considered for reassignment along with the two (2) least senior employees. e. If a vacancy occurs in the same class and in the same division from which an employee was involuntarily reassigned,the Department shall offer the position to the employee who was involuntarily reassigned. If the employee declines the offer, or voluntarily transfers after such involuntary reassignment, he/she will not be considered for any future vacancies in that Division except as provided for in 38 b. above. f. Positions flagged as needing a language skill or special qualifications shall be identified on bids. Only employees having such skill or meeting such qualifications shall be accepted for bid interview or for mandatory reassignments as provided in this section. g. Specially funded assignments, assignments of limited duration (less than six (6) months),special circumstances (which generally will be less than six(6)months)or requiring special skills, and assignments made due to reorganization, shall not be subject to procedures in this section.The Department is not limited in its description of the special circumstances described in this section which may necessitate a specific reassignment of employees. h. Reassignments shall not be used as a replacement for discipline. Employees on probation or in an Improvement Needed Review status shall not be reassigned. If one (1) of the least senior persons in the class is on Improvement Needed or on probation, a total of three (3) eligible least senior persons in the class will be considered for reassignment, unless the bid is limited to a specific Division in SEW 535 SLS 62 2005-2008MOU SECTION 39 - REIMBURSEMENT FOR MEAL EXPENSES accordance with 38 b. herein,in which case the three(3)least senior persons in that specific Division will be considered for reassignment. i. The Department's selection decision in accordance with the procedures outlined in this section are not subject to the Grievance Procedure contained in Section 25 herein. SECTION 39 - REIMBURSEMENT FOR MEAL EXPENSES Employees shall be reimbursed for meal expenses under the following circumstances and in the amount specified: a. When the employee is required by his/her Department Head to attend a meeting concerning County business or County affairs. b. When the employee is required to be out of his/her regular or normal work area during a meal hour because of a particular work assignment. C. When the employee is required to stay over to attend consecutive or continuing afternoon and night sessions of a board or commission. d. When the employee is required to incur expenses as host for official guests of the County, work as members of examining boards, official visitors, and speakers or honored guests at banquets or other official functions. e. When the employee is required to work three(3)or more hours of overtime or if the employee is scheduled to work overtime with less than twenty-four(24)hours notice; in this case he or she may be reimbursed in accordance with Administrative Bulletin on expense reimbursement. Meal costs will be reimbursed only when eaten away from home or away from the facility in the case of employees at twenty-four(24) hour institutions. Procedures and definitions relative to reimbursement for meal expenses shall be in accordance with the Administrative Bulletin on Expense Reimbursement. SECTION 40 - PERSONAL PROPERTY REIMBURSEMENT The loss or damage to personal property of employees is subject to reimbursement under the following conditions: a. The loss or damage must result from an event which is not normally encountered or anticipated on the job and which is not subject to the control of the employee. b. Ordinary wear and tear of personal property used on the job is not compensated. C. Employee tools or equipment provided without the express approval of the department head and automobiles are excluded from reimbursement. d. The loss or damage must have occurred in the line of duty. e. The loss or damage was not a result of negligence or lack of proper care by the employee. SEIU 535 SLS - 63 - 2005-2008MOU SECTION 41 - LENGTH OF SERVICE DEFINITION (for service awards and vacation accruals) f. The personal property was necessarily worn or carried by the employee in order to adequately fulfill the duties and requirements of the job. g. The loss or damage to employees eyeglasses,dentures,or other prosthetic devices did not occur simultaneously with a job connected injury covered by workers' compensation. h. The amount of reimbursement shall be limited to the actual cost to repair damages. Reimbursement for items damaged beyond repair shall be limited to the actual value of the item at the time of loss or damage but not more than the original cost. i. The burden of proof of loss rests with the employee. j. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation for Loss or Damage to Personal Property. SECTION 41 - LENGTH OF SERVICE DEFINITION (for service awards and vacation accruals 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 reemployed in a permanent County position,or is reemployed in a permanent County position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation: The Human Resources Director shall determine these matters based on the employee status records in his/her department. SECTION 42 -SERVICE AWARDS The County shall continue its present policy with respect to service awards including time off; provided, however, that the type of award given shall be at the sole discretion of the County. The following procedures shall apply with respect to service awards: Presentation Before the Board of Supervisors. An employee with twenty (20) or more years of service may go before the 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 of Supervisors and notify the department as to the time and date of the Board meeting. Service Award Day Off. Employees with fifteen (15)or more years of service are entitled to take the day off with pay at each five (5)year anniversary. SECTION 43 - PERMANENT PART-TIME EMPLOYEE BENEFITS Permanent part-time employees receive prorated vacation and sick leave benefits.They are eligible for health,dental and life insurance benefits at corresponding premium rates providing they work at least fifty percent (50%) of full time. If the employee works at least fifty percent (50%) of full time, County retirement participation is also included. SEW 535 SLS - 64 - 2005-2008MOU SECTION 44 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS SECTION 44 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. SECTION 45 -PERMANENT-INTERMITTENT HEALTH PLAN 45.1 A permanent-intermittent employee may participate in the County Group Health Plan Program wholly at the employee's expense. The employee will, be responsible for paying the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and immediate withdrawal from the County Group Health Plan and reinstatement may only be effectuated during the annual open enrollment period. 45.2 Effective one hundred and twenty. (120) days after all Coalition Employee Organizations have signed their respective Letters of Understanding,the following benefit program shall be offered to permanent-intermittent employees: a. Program. The County shall offer CCHP Plan A-2 at the subvention rate of sixty-four percent(64%)of the cost of the premium for a single individual,to those 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 month. In order to maintain eligibility, a permanent-intermittent employee must remain in paid status during each successive month. C. Pre-Pay. Employees who have achieved eligibility under the terms of 45.2b will pre- pay the employee's portion of the premium cost so that the effective date of enrollment begins effective the first of the month of eligibility. Employees must continue to pre-pay their portion of the health insurance premium in order to continue benefits. In addition,employees who meet the eligibility requirements and who have been voluntarily'paying for a county group health program shall be allowed to enroll in CCHP Plan A-2 without a waiting period. d. Family Coverage. Employees may elect to purchase at their own expense, family coverage, including domestic partner, and shall follow the procedures outlined in c. above for payment for this optional coverage. e. Implementation. There shall be a sixty (60) day Open Enrollment period with the initial date of coverage effective August 1, 2000. Subsequent Open Enrollment periods shall be for thirty(30)days and coincide with the open enrollment period for County employees beginning in 2001. Permanent-intermittent employees who are not currently eligible,but who subsequently meet the eligibility requirements,shall be notified of their eligibility and shall have thirty(30) days to decide whether or not to elect coverage under this program. f. Employees who are temporarily ineligible may purchase, at their own cost, the plan in accordance with the procedures set forth by the Contra Costa County Health Plan. Nothing in Section 45.2 shall prevent an employee from electing health coverage under either Section 45.1 or Section 45.2 SEW 535 SLS - 65 - 2005-2008MOU SECTION 46 - PROVISIONAL EMPLOYEE BENEFITS SECTION 46 - PROVISIONAL EMPLOYEE BENEFITS Provisional employees,who are not permanent employees of the County immediately prior to their provisional appointment, are eligible for vacation and sick leave benefits. Said provisional employees may participate in the County Group Health Plan Program wholly at the employee's expense. The County will not contribute to the employee's monthly premium. The employee will be responsible for paying the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and immediate withdrawal from the County Group Health Plan Program and reinstatement may only be effectuated during the annual open enrollment period. SECTION 47 -INDEMNIFICATION AND DEFENSE OF COUNTY EMPLOYEES The County shall defend and indemnify an employee against any claim or action against the employee on account of an act or omission in the scope of the employee's employment with the County in accordance with, and subject to,the provisions of California Government Code Sections 825 et seq and 995 et seq. SECTION 48 -MODIFICATION & DECERTIFICATION For the duration of this MOU the following amendments to Board Resolution 81/1165 shall apply: Section 34-12.008- Unit Determination (a)shall be modified in the first paragraph to delete the ten (10)percent requirement for an employee organization intervening in the unit determination process and substitute therefore a thirty(30) percent requirement. Section 34-12.013-Election Procedure(b)shall be modified in the first paragraph to delete the ten (10) percent requirement for any recognized employee organization(s)to appear on the ballot and substitute therefore a thirty(30) percent requirement. Section 34-12.016 - Modification of Representation Units shall be modified in the first sentence by adding words to the effect of "most recent" to the date of determination. This section shall be modified in the second sentence to require that petitions for modification of a representation unit be filed during a period of not more than one hundred and fifty(150)days nor less than one hundred and twenty(120)days prior to the expiration of the MOU in effect.The last sentence of this section shall be modified so that modification of a representation unit shall not negate the term of an existing MOU between the County and the recognized employee organization of the unit prior to the modification proceedings. . Section 34-12.018 - Decertification Procedure shall be modified in the first sentence by adding words to the effect of"most recent"to the date of formal recognition and by requiring the petition be submitted during a period of not more than one hundred and fifty (150) days nor less than one hundred and twenty (120)days prior to the expiration of the,MOU in effect. SECTION 49 - UNFAIR LABOR PRACTICE 49.1 Filing. Either the County or the Union may file an unfair labor practice as defined in Board of Supervisors'Resolution 81/1165 against the other.Allegations of an unfair labor practice,if not resolved in discussions between the parties within thirty(30)work days from the date of receipt, may be heard and decided by a mutually agreed upon impartial third party. 49.2 Unfair Labor Practice -County. It is an unfair labor practice for the County to: SEW 535 SLS = 66 - 2005-2008MOU SECTION 50 - DEPENDENT CARE a. Interfere with, restrain or coerce employees in the exercise of the rights recognized or granted in this division; b. dominate or interfere with the formation of any employee organization or interfere with selection of a majority representative; C. contribute financial support to any employee organization; or d. refuse to meet and confer in good faith (with representatives of formally organized employee organizations on matters within the scope of representation),or to refuse to consult with informally recognized employee organizations on matters within the scope of representation. 49.3 Unfair Labor Practice - Union. It is an unfair labor practice for the Union or their representatives or members to: a. Interfere with, restrain or coerce employees in the exercise of the rights recognized or granted in this division; b. coerce, attempt to coerce or discipline any member of an organization so as to hinder or impede the performance of his/her duties; C. discriminate against any employee with regard to the terms or conditions of membership because of race, color, creed, sex or national origin; d. refuse to consult, or meet and confer in good faith, with management representatives on matters within the scope of representation; or e. initiate, engage in, cause, instigate, encourage or condone a work stoppage of any kind or other disruptive activities which are detrimental to the conduct of county business and services. SECTION 50 - DEPENDENT CARE A. Dependent Care Information & Referral Service. The County will administer an "Information&Referral Service"through the Contra Costa Child Care Council for the duration of this MOU. B. Dependent Care Salary Contribution. Subject to the applicable provisions of the Internal Revenue Service, employees may contribute up to $5,000 each calendar year from.their salaries for approved dependent care; only eligible employees may contribute for such expenses; there is no County contribution for dependent care. Reimbursements are made on a monthly basis subject to submission of itemized statements,adequate accumulation of the salary contribution,proof of payment,and applicable County administrative procedures. SECTION 51 -SPECIAL STUDIES/OTHER ACTIONS 51.1 Task Force. The Department of Employment& Human Services and representatives from SEW Local 535 Service Line Supervisors will form a Task Force consisting of four (4) representatives from each party to review the amount and nature of work of Service Line Supervisors. The Task Force will make recommendations to the EHSD Director concerning SEW 535 SLS - 67 - 2005-2008MOU SECTION 52 - SPECIAL BENEFITS streamlining functions and/or processes, and establishing priorities for the purpose of addressing workload. The Task Force will begin no later than 75 days after the signing of a new MOU, and will endeavor to complete its recommendations by the end of September 2007. 51.2 Differentials.The County and the Labor Coalition agree to establish a Labor/Management Committee comprised of five (5) Labor and five (5) Management employees to study and recommend actions necessary to standardize payment and application of differentials including,but not limited to, proration for less than full-time employees; the length of payment while on paid sick leave or disability; and consistency between percent-based vs flat-payment differentials. 51.3 Grievance Procedure. Representatives of the County shall meet and confer with representatives of the Labor Coalition in order to develop rules and guidelines governing the conduct and administration of Adjustment Boards. 51.4 Ergonomics. No later than May 15, 2000, the County will submit for Coalition input revisions to Administrative Bulletin No. 426 dated April 17, 1990, and an Ergonomic Field Guide, with a goal of finalization by June 30, 2000. SECTION 52 -SPECIAL BENEFITS Social Services First Line Supervisors represented by Social Services Union,Local 535 are eligible to receive the following benefits: a. Life Insurance. Effective January 1, 2000, $45,000 Group Term Life Insurance will be provided. Premiums for this insurance will be paid by the County with conditions of eligibility to be reviewed annually. b. LTD. Long-Term Disability Insurance will be provided, with a replacement limit of eighty-five percent(85%)of total monthly base earnings reduced by any deductible benefits. The premium for this Long-Term Disability Insurance will be paid by the County. C. Vacation Buy Back.A vacation Buy Back plan will be provided for reimbursement for up to one-third (1/3) of an employee's annual vacation accrual, subject to the following conditions: (a)the choice can be made only once in each calendar year;(b) payment shall be based on an hourly rate determined by dividing the employee's monthly salary by 173.33; and (c) the maximum number of hours that may be reimbursed in any year is one-third (1/3) of the annual accrual at the time of reimbursement. d. Professional Development.A Professional Development Reimbursement Plan will be provided to include reimbursement of up to one hundred fifty dollars($150)per fiscal year for memberships in professional organizations, subscriptions to professional publications,attendance fees at job_related professional development activities,job- related books,electronic calendars and organizers,and software and hardware from a standardized County approved list or with Department Head approval, provided each employee complies with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors. Beginning January 1, 2000, employees shall be eligible for reimbursement of up to four hundred dollars($400)for each two(2)year period.Authorization for individual professional development reimbursement requests shall be made by the Department SEW 535 SLS 68 - 2005-2008MOU SECTION 53 - ADOPTION Head. Reimbursement will occur through the regular demand process with demands being accompanied by proof of payment(copy of invoice or canceled check). e. Longevity Pay. A Longevity Pay Plan will provide a 2.5% increase in pay at ten (10) years of County Service, subject to appointing authority approval based on merit. f. Deferred Compensation Incentive. The County will contribute seventy-five dollars ($75.00) per month to each employee who participates in the County's Deferred Compensation Plan.To be eligible for this incentive,the employee must contribute to the deferred compensation plan as indicated below: Current Qualifying Monthly Base Contrib. Monthly Base Contr. Amt. for Maintaining Salam_ Amount Incentive Prop. Eligibility 2500 & below 250 50 2501 —3334 500 50 3335-4167 750 50 4168-5000 1000 50 5001 —5834 1500 100 5835—6667 2000 100 6668 & above 2500 100 Employees who discontinue contributions or who contribute less than the required amount per month for a period of one(1)month or more will no longer be eligible for the seventy-five ($75.00) County supplement. To re-establish eligibility, employees must again make a Base Contribution Amount as set forth above based on current monthly salary. Employees with a break in deferred compensation contributions either because of an approved medical leave or an approved financial hardship withdrawal will not be required to re-establish eligibility. Further,employees who lose eligibility due to displacement by layoff, but maintain contributions at the required level and are later employed in an eligible position,will not be required to re-establish eligibility. SECTION 53 -ADOPTION The provisions of this MOU shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty(30)days after such Ordinance is adopted. SECTION 54 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION 54.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this MOU demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. The Union understands and agrees that the County is not obligated to meet and confer regarding wages, hours or conditions of employment during the term of this extended agreement, except as otherwise required by law. SEIU 535 SLS - 69 - 2005-2008MOU SECTION 54 - SCOPE OFAGREEMENT AND SEPARABILITY OF PROVISION 54.2 Separability of Provisions.Should any section,clause or provision of this MOU be .declared illegal, unlawful or unenforceable, by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof,and such remaining portions shall remain in full force and effect for the duration of this MOU. 54.3 Personnel Management Regulations. Where a specific provision contained in a section of this MOU conflicts with a specific provision contained in a section of the Personnel Management Regulations, the provision of this MOU shall prevail. It is recognized, however, that certain provisions of the Personnel Management Regulations may be supplementary to the provisions of this MOU,and as such remain in full force and effect. 54.4 Duration of Agreement.This Agreement shall continue in full force and effect from October 1, 2005,to and including September 30, 2008. Said Agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other prior to sixty (60) days from the aforesaid termination date, of its intention to amend, modify or terminate the agreement. Date: CONTRA COSTA COUNTY SEIU LOCAL 535 SERVICE LINE SUPERVISORS SEW 535 SLS - 70 - 2005-2008MOU Attachments A Class and Salary Listing B Temporary Employees Agreement C Medical/Dental/Life Insurance Adjustments Coalition Settlement Agreement D Utilizations of AB 1808 Allocations and Meeting with EHSD Director Side Letter E Healthcare Coalition Notice of Changes F Management/Labor Committee Side Letter G Return to Work Policy ATTACM= A Social Service Union, Local 535 Class & Salary Listing Effective October 1, 2005 Service Line Supervsiors Unit Class Min Max Code Class Title Salary Salary X4SJ SOC SERV PRE-HRG REV SPC $4,690.28 $5,701.07 XOHB SOCIAL WORK SUPERVISOR 1 $4,918.58 $5,978.56 X01-11 SOCIAL WORK SUPERVISOR I-PRJ $4,918.58 $5,978.56 XOHA SOCIAL WORK SUPVSR II $5,780.05 $7,025.68 X7HB VOC ASSESSMENT SUPERVISOR $5,137.60 $6,244.78 ATTACF>} WT B Contra Human Resources Costa ,f Department County Administration Bldg. 651 PAG Sft4 Third Fbw O° Martinez,catifomla 94SS3-1292 (510)335-1764 U"e T.KnigM February 18, 1997 °k°''of"ur'Pasourms Joyce Baird, Field Representative SEIU Local 535 - Service Line Supervisors Unit 661 - 27th Street Oakland CA 94612 RE: TEMPORARY EMPLOYEES Dear Ms. Baird: This leiter confirms agreement reached October 15, 1996 between the County and Local 535 that subject to the approval and establishment of permanent positions by the Board of Supervisors, if necessary, temporary employees represented by Local 535 who have worked not less than 6,000 hours in temporary employee status between January 1, 1991 and July 1, 1996 inclusive, shall be offered an appointment to such positions, subject to qualification under the Personnel Management Regulations, in the classification and department in which they currently work. Such employees shall have the option of either remaining in temporary status (not to exceed 1000 hours in a fiscal year) or being appointed to a permanent intermittent, permanent part-time, or permanent full-time position. The formula to be used to calculate the position type (full-time, part-time) for each employee who. elects appointment to a permanent position is the employee's total number of temporary hours worked on or after January 1, 1991 divided by the total number of months of service in which those temporary hours were worked. Additionally, the County agrees to meet and confer with Local 535 concerning the future use of represented temporary employees. Sincerely, Kathy Ito Labor Relations Manager ATTACHMENT C LABOR COALITION—2005 NEGOTIATIONS Local#1 MOU Local#1 FACS Unit MOU AFSCME Local 512 MOU AFSCME Local 2700 MOU SEIU Local 535 RANK& FILE MOU SEIU Local 535 SUPERVISORY MOU WCE MOU PDOCC MOU MEDICAL/DENTAL/LIFE INSURANCE ADJUSTMENTS Coverages Offered The County offers the following plans: Contra Costa Health Plans (CCHP)A& B, Kaiser, HealthNet HMO, HealthNet PPO, Delta and PMI Delta Care Dental. Co-Pays Effective January 1.2007 the co-nays will increase as follows: CCHP A: No change CCHP B: No change KAISER: $10 Office Visit $10 Generic RX $20 Brand RX $10 Emergency Room HEALTHNET HMO& PPO: $10 Office visit $10 Generic RX $20 Formulary RX $35 Non-Formulary RX $25 Emergency Room Delta Dental Plan Enhancements Effective January 1. 2007 dental sealants will be provided to eligble dependent children in accordance with the provisions under the Delta Dental Plan. Life Insurance Effective January 1.2007 increase coverage from $7500 to $10.000 for employees enrolled in either a health and/or dental plan. The County shall provide the health and dental plans subventions as follows: HEALTH PLAN SUBVENTION: CCHP A. 98% CCHP B: 90% KAISER: 80% HEALTHNET HMO: 80% HEALTHNET PPO: 2006 60.82%-The County and Coalition will equally share (50/50) the amount of any premium increases 2007 59.39%-The County and Coalition will equally share (50/50)the amount of any premium increases DENTAL PLAN SUBVENTION: Delta Dental/CCHP AS 98% PMI Dental Carel CCHP AB 98% Delta Dental 78% PMI Delta Dental 78% at 3 year rate guarantee Dental Only County pays all but$.01 ATTACHMENT,D w: N Contra Costa County '1 Employment Human Services John B. Cullen Director September 28,2006 In partnership 14r• Michael Weinberg Field Representative with the SEIU Local 535 Line Workers 447 29* St community, Oakland,CA,94609 we provide services Dear Mr. Weinberg- that einbergthat support This confirms that it is the Employment and Human Services Department intention to follow the approach outlined in the November 5, 1999 letter from and protect John Cullen (attached) to meet and confer over the impact resulting from the adults, State's funding of and any implementation of the AB 2030 `yardstick study" results. children, The Department will also provide SEN Local 535 information regarding families, utilization of AB 1808 allocations,and arrange a meeting with the EHSD Director within 30 days of his appointment in order that SEIU may directly express ideas and the elderly=, and concepts relaxed to that utilization. The Department will meet and confer and promote regarding those matters which fall under the scope of representation. Personal Sincerely, responsibility, independence and /Joe self-sufficiency. alentine Director 4 40 Douglas Drive• Martinez, CA 94553• (925) 313-1500• Fax (925) 313-1575 64 Contra Costa County ;:Rw :ELnpIo * rn.ent Human Services John S..Cullen Director November 5, L999 In partnership Ms. Joyce Baird wirb the Senior Field Representative SEN 535 Line Work= O°za= 661 —27' Street we provide' „.. Oakland, California '94612 services Dear leis. Baird: •. — that support This' confrzms discussions.between SEIU"Local 535 and themploymeut ane and protect Human SeTvi.ces. Department.coneetning the finalization of the State'widt `yardstick study" concerning C b2dren.'s Protective Services: • adults,. The Department agrees that it will meet and cancer over.the"imliact resaltin; from the State's fimding of and any implementation of the yardstick.stud mi'lies, results. • It is our inad=standing that the'-data gatheriag for the study wiil b the ���, completed shortly, but it is uukaown when any resUtiag budaaetaty.ailocatic andinformation w9I. be provided to the County.• When that information and pro motz pm-,ide•dwe will contact you to begin the meet.and confer process. gersoazl Thank you again far your union's support- of the ef$art to leather t� -. �Tn},�ty, InfoImatian. . - • . . indspeadcace and Sincerely, ' - ' • r John Cullen . Director JBC:sjb sus ar�st sme,•ic� A r%rnrm VIPs Dn'Qc C4 •tza_ Contra Costa County ` __ _ Children .� Famii Services _ A Bureau,of the Emplflpmem and Human Services.Department Oct 19,2005. We work NEChael Weinberg SEN Local 535 Business Agee# with fam-Dies. ,447 29m'St to ensure.. Oakland, CA 9.4649 - • _ the'safety of Re: Meet and Confer for NACWS ": their chilclren ' and • to Dear k5s:�deinl�erg: ut v- •. � l •••.:• .... � .- �, ;.. ,� R•..;. •vim is;+�a'-_conn::th2i .t.se Children"i�d Family. Serh+ices $ureau ia<rthe in machin; Employment and human 'Service Depaitmenf agrees to meet and confer with , their full SEN Local 535 rega din-g the impacts of implementation-of N� kC WS. We also plan'. to meef and confer with SEN Local 535 regarding" the impacts of potential. ' implementing the NAC-WS pilot unit •� - r v, +� r it .� 1" - ` •+ . � � ,.,,., f�- .. anaa Fabella - • - •' - - . •. `��• - •" . Danna Fabella Direr Children and-Fan-2y Services Direct6r 1 cc: '.John Cullen Judy Campbell ATTACHZr= E Contraf `2° - Human Resources Department Costa . ' Administration Building County ��- =t . E51 Pine Street,Third Floor ��.;, Martinez, CA 94553.1282 (925) 335-1770 Lori Gentles Assistant County Administrator Director of Human Resources January 26, 206 Contra Costa Labor Coalition Re: Healthcare Coalition Notice of Changes Dear Members of Labor Coalition: The County agrees to make a good faith effort to notify the Health Coalition and Labor Management Committee(s) of relevant changes that are not subject to meet and confer, but which fall within the topics of discussion by the Health Coalition Committee. The County shall continue to meet and confer with labor organizations on matters which are within the scope of bargaining at the organization's request Sincerely, Francine Cronin Assistant Director of Human Resources Cc: Robe Katz, Supervising Business Agent PEU, Local One Jo Bates, Business Agent,AFSCME, Local 2700 Brenda Wood, Business Agent AFSCME, Local 512 Dr Stephen Daniels, Physicians' & Dentists' Organization of Contra Costa County Adelina Huerta, President,Western Council of Engineers N ichael Weinberg, Senior Field Representative, SEIU Local 535 ATTACHMENT.F SIDE LETTER 2005-2DDS COALITION NEGOTIATIONS Presented July 3 4, 96 LOCAL#1 MOU LOCAL#1 FACS UNIT MOU AFSCME LOCAL 512 MOU AFSCME LOCAL 2700 MOU SEW LOCAL 535 RANK & FILE MOU SEIU LOCAL 535 SUPERVISORY MOU COALITION SIDE LEITER Section A. MANAGEMENT/LABOR COMM(ITEE Loral 1, SEIU 535, AFSCME 2700, AFSCME 512, and County agree to establish a management/Labor.Committee, hereinafter referred to as 'Committee', to meet on issues pertaining to temporary and contract employees, student internslworkers, and agency temporary employees ("temporary employees"). The Committee's duties and structure shall be as follows: 1) Committee membership shall consist of four(4) County Managers, and four(4) Union RepresentatrveslBusiness Agents. Such managers shall be at the level of Department Head or designee; any designee shall be at the Assistant Director or Deputy Director level. 2) The Committee shall agree on rules and policies that will govern the committee's work and procedures. 3) Committee meetings WIN begin September 1, 2006(or*Fee-mans upon ratfication of MOU whichever occurs W later), and continue un61 March 31, 2006. 4) The Committee shall review the current use of temporary employees including department practices, County policies and applicable Memoranda of Understanding in an effort to develop recommendations to the Board of Supervisors on the.future use of temporary employees, including converting such employees to permanent positions, establishing or ending funding for such positions within recommended timelines. 5) In the event the Committee determines that it is necessary to meet and confer to make changes to current memoranda of understanding, County polices, or department practices, Section B below shall apply. 6) As a good faith effort on the part of the County, the Board of Supervisors agree to dired the County Administrative Officer (CAO) to rev',ew employees in a.temporary status taking into account budget considerations, length of service, program needs and other relevant factors, and make recommendations to the Board for the conversion of the equivalent of ten (10) FTE temporary employees to the equivalent of ten (10)fiull time permanent positions effecd no later than December 31, 2D06. The CAO shall submit the equivalent of additional ten (10) FTE temporary employees to the Board for conversion to the equivalent of ten (10)fun time permanent positions effective no later than July 1,2007. Page 1 of 2 SIDE LETTER 2005-2006 COALITION NEGOTIATIONS Presented July 31, 2006 7) The Committee shall produce a report on their findings and agreed upon recommendations along with time frames for implementation of any changes upon conclusion of their work, and submit such report to the Board of Supervisors for approval, no tater than the expiration date of the MOU. Section B. MEET AND CONFER OBLIGATIONS 1. In the event the Committee needs to change or modify Memoranda of Understanding, County policies subject to meet and confer requirements, or established past practices, the County and participating unions shall meet and confer regarding the changes. 2. Any modification to the existing MOU must be agreed to by the parties and subject to each union's ratification process and must be approved by the Board of Supervisors. 3. If agreement cannot be reached, a mediator may be used in an attempt to reach agreement Section C. LOCAL 1 MEET AND CONFER OBLIGATIONS 1. The county and Local 1 agree to meet and confer regarding Section 53, Subsection A Temporary Employees. Such meetings shall begin October 1, 2DDS. Section D. LOCAL#1 WITHDRAWAL of GRIEVANCES AND RELATED ACTIONS Local #1 agrees to withdraw without prejudice all pending grievances and any other related actions that involve the County's use of temporary employee upon adoption of this agreement by the Board of Supervisors. This fetter of agreement shalt terminate automatically on (expiration of the MOU) unless specifically renewed in a new successor MOU between thd C6unty and Union. Date: �J63 /oG FOR THE COUNTY: FOR TH§ COA N: C A- &CLI Page 2 of 2 F4 ATTACHMENT G CONTRA COSTA COUNTY RETURN TO WORK POLICY FOR INDUSTRIAL INJURY OR ILLNESS 1. POLICY: Permanent employees who have suffered industrial injuries and illnesses may be provided with such restricted duty as the County is able to provide as soon as medically appropriate. A. Covered employees must have an accepted Workers' Compensation claim. Probationary employees, project, contracted, seasonal, agency temp, temporary, and employees working less than 20 hours a week are not covered by this policy. B. A restricted duty assignment may be provided within the County's capacity, consistent with restriction(s) recommended by the treating physician. Should any disagreement exist, the County will follow California State law. Restrictions from the physician must be in writing on the county form AK 142 or on the physician's letterhead. C. Employees performing in a restricted duty assignment will continue to receive their regular pay and benefits for hours actually worked. Pay and benefits will be prorated in the case of part-time work, subject to MOU provisions and salary regulations. D. Current department practices and applicable state and federal laws regarding return to work procedures and restricted duty for certain employees who are exempt from this policy (I.e., non-industrial illnesses or injuries and probationary employees), will continue and are not subject to this policy. 11. OBJECTIVE: The objectives of providing work for temporarily industrially injured employees through restricted duty are to reduce disability and Workers' Compensation costs, maximize productivity, minimize the loss of human resources and promote full and prompt recovery with the return of the employee to productive employment Ri Ill. SCOPE OF POLICY: All departments and Board-govemed agencies which are part of the County retirement system (excluding the Contra Costa County Fire Protection District and East Contra Costa Fire Protection District safety employees, Sheriffs Office and DA Investigators safety employees, Housing Authority, , and In-Home Supportive Service providers) are subject to this Return to Work Policy. 1 IV. GENERAL BACKGROUND: A restricted duty assignment is a temporary assignment provided to a temporarily industrially disabled employee. Restricted duty may be for less than regular full-time work, but no less than 4 hours per day. A. A temporarily industrially disabled employee with an accepted Workers' Compensation claim shall return to a restricted duty assignment that is not inconsistent with restrictions recommended by the employee's treating physician or Qualified Medical Examiner (QME), if applicable. B. A Department shall, whenever feasible, temporarily restrict the duties of an employee in order to conform to restrictions recommended by the treating physician for a cumulative maximum of six months per injury with a review after three (3) months or sooner, if appropriate. At the end of the six month period, the employee shall undergo a medical review to determine whether a full duty work release is possible. If full release is not possible, the employee shall be referred to the Risk Management ADA Coordinator and/or the Return to Work Committee for evaluation G In the event that an employee disagrees with the Department Head's decision conceming a light duty assignment, he/she may appeal that decision to the Risk Manager within 15 calendar days. The subject of the appeal shall be heard at the next regularly scheduled Return to Work Committee. The Return to Work Committee may affirm, reject or modify the Department Head's decision. The following factors shall be considered by the Retum to Work Committee when considering an appeal: 1. The restrictions recommended by the employee's treating physician or QME, if applicable; 2. The operational and financial needs of the department and 3. The availability of a suitable work assignment Either party may appeal the Committee's decision in writing to the Director of Human Resources or his/her designee within 15 calendar days of the Committee's decision. V. RESPONSIBILITIES: A. Departments The principle responsibility for implementing the Return to Work Policy rests with the appointing authority. Departments will also: 2 1. Complete and submit an injury report for industrial injuries and illnesses on a timely basis. 2. Appoint a Department Return to Work Coordinator to administer the departments compliance with the Return to Work Policy under the direction of the department head. The Department Return to Work Coordinator shall review restricted duty assignments and make recommendations to the department head regarding adjusting, extending or terminating the restricted duty in accordance with the operational and financial needs of the department and consistent with the employee's medical restrictions. The Department Return to Work Coordinator will document and monitor all limited duty assignments. They will also maintain a centralized record of all assignments. 3. Inform department employees of the Return to Work Policy. 4. Implement restricted duty assignments for temporarily industrially disabled employees as soon as medically appropriate, operationally feasible, and when a suitable assignment is available. 5. Coordinate with Risk Management regarding an individual employee's restricted duty assignment. 6. The Risk Management Department shall provide the Health Coalition quarterly reports of the number of requests for ergonomic evaluations, the number of evaluations performed, and the actions taken based on those reports. The County shall meet with the Health Coalition upon the Coalition's request to review such reports and to discuss ergonomic issues. B. Empioyee A temporarily industrially disabled employee shall: 1. Notify the department of an industrial injury or illness in accordance with Workers' Compensation regulations. 2. Seek prompt medical care through the County's Occupational Medical Program or through a property pre-designated physician in accordance with the law. The employee shall obtain needed medical information from the physician and provide that information to the County. (Physician's Statement of Ability to Work, AK142, see attachment 1). 3 3. Accept an appropriate available restricted duty assignment within or outside the employee's department if one is offered. A restricted duty assignment must be consistent with limitations recommended by the employee's treating physician or QME, if applicable, and must be approved by the Department Return to Work Coordinator. If an employee is assigned to a restricted duty assignment outside of their department, a supervisor in the department providing the restricted duty assignment shall supervise the employee. The employee's home department is required to pay the employee's regular salary. 4. A department head has the authority to temporarily restrict the duties of an employee in accordance with this policy. 5. Failure of an employee to accept an offer of a medically appropriate restricted duty assignment will result in the denial of temporary disability benefits pursuant to Workers' Compensation law. C. County Return to Work Coordinators The County Return to Work Coordinators shall: 1. Work at the direction of the Risk Manager. 2. Assist departments in identifying and developing suitable restricted duty assignments. 3. Assist departments in resolving questions regarding work restrictions and restricted duty placements. 4. Provide, as necessary, counseling and other services to employees placed on restricted duty. 5. Assist in finding restricted duty assignments outside of the home department, if the home department cannot provide restricted duty. The home department will provide the salary of the employee. 6. Coordinate the appeal process for employees regarding restricted duty. D. Return to Work Committee The Return to Work Committee shall hear appeals under the Appeal Procedures as described in Section N (C}-General Background above, and make recommendations to the department. In the event a department does not grant a restricted duty assignment requested by an employee or a requested extension of an existing restricted duty assignment, the 4 employee may appeal to the Return to Work Committee. The Comrritkee shall hear the appeal and mal e' a recommendation to the department head. C. Risk Manaoer The County Risk Manager shag Oversee the administration*of this policy and provide ongoing education of deparlrnent heads, managers, and dereturn to work coordinators concerning this policy. VI. DEFINIMONS: A. Restricted Duly. A temporary work assignment provided to a temporary industrtaity disabled employee ,who cannot perform her/his regular job duties for a specific period of time. The temporary assignment is provided whils- an individual is recuperating from an industrial injury or illness. An employee will be assigned to restricted duty within their primary department whenever possible. if no assignment can be located within the employee's primary department, the County will make reasonable efforts to locate a comparable position in another department. Restricted duty is only avatiable to a person who is emoted to return to her or his regular job duties. if an employee is on a discretionary 9/80 or 4/10 work schedule and is returning to restricted duty assignment on a part-time basis, the 9/80 or 4/10 work schedule shall be revoked. Pay for restricted duly shall be the same salary and benefits of the employee's regular position, provided however, that shit and other pay differentials will only be paid for the first thirty (30) days of restricted duty unless the emobvee gualiifies for pay differentials. B. County-, For the purpose of this policy the term `County' includes Contra Costa County and agencievis s governed by the Board of Superors; which are part of the County's retirement system, excluding Contra Costa County Fire Protection District and East Contra Costa Fire Protection District's, Sheriffs Office and DA Investigators' safety employees, Housing Augxxity, and In-Home Supportive Service providers. C. Deaartmentai Ralum in Work Coordinator The individual appointed by the department head to administer the County's Return to Work policy. The person appointed by the department must have some knowledge of personnel rules and regulations, Memoranda of Understanding and disaWity benefits that an employee may be enfitied to rive, i.e., SDI, LTD, FWA, retirement. 5 D. Employee's Treating Physician: The treating physician or Qualified Medical Examiner (QME) as defined by California Workers' Compensation laws. Treatment shall be reasonably required and consistent with Workers' Compensation guidelines and existing State law. E. Return to Work Committee: The Committee shall be composed of a pool twelve (12) members consisting of sic (6) County employee members appointed by the County Administrator and six (6) County employees appointed from the three (3) largest employee organizations in the Labor Coalition. Each member of the committee must commit•to attending at feast two committee meetings each year. Two members appointed by the County Administrator and two members appointed by the employee organizations must be present in order to constitute a quorum. F. Risk Manager The person designated by the County Administrator to serve as Risk Manager. G. County Return to Work Coordinators: The person designated by the County Risk Manager to serve as an Employee Return to Work Coordinator who shall perform the duties set forth in V(C). Date: FOR THE COUNTY: FOR.THE COALITION: . 1JA4AVj 0- VVI- J�- Ln • r � 6 I i MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND PROFESSIONAL & TECHNICAL EMPLOYEES AFSCME, LOCAL 512 OCTOBER 1 , 2005 - SEPTEMBER 30, 2008 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND PROFESSIONAL AND TECHNICAL EMPLOYEES LOCAL 512,AFSCME This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of the Contra Costa County Board of Supervisors' Resolution 81/1165 and has been jointly prepared by the parties. The Labor Relations Officer(County Administrator) is the representative of Contra Costa County in employer-employee relations matters as provided in Board of Supervisors' Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Union is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. This MOU shall be presented to the Contra Costa County Board of Supervisors, as the governing board of the County and appropriate fire districts, as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1, 2005 and ending September 30, 2008. Special provisions and restrictions pertaining to Project employees covered by this MOU are contained in Attachment A, which is attached hereto and made a part hereof. DEFINITIONS Alternative Work Schedules means one or more of the following: 1. 9/80: Eight (8) nine-hour work days plus an eight-hour work day with one day off within a two (2)week work period. 2. 4/10: Four(4)ten-hour workdays within the workweek. 3. 5/8: Five (5) eight-hour work days within a work week where the work hours are other than the standard 8:00 a.m. to 5:00 p.m. (also known as flex time). Meal breaks for any of the above schedules may be either one half(1/2) hour or one (1) hour. Appointinci Authority: Department Head unless otherwise provided by statute or ordinance. Class: A group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group. Class Title: The designation given to a class, to each position allocated to the class, and to the employees allocated to the class. County: Contra Costa County. Demotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is lower than the top step of the class which the employee AFSC.ME Local 512 2005-2008 MOU DEFINITIONS 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. Director of Human Resources: The person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. Eligible: Any person whose name is on an employment or reemployment or layoff list for a given class. Employee: A person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this MOU and whose position is held pending his/her return. Employment List: A list of persons who have been found qualified for employment in a specific class. Layoff List: A list of persons who have occupied positions allocated.to a class in the Merit System and who have been involuntarily separated by layoff or displacement, or demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement, or have transferred in lieu of layoff or displacement. Permanent-Intermittent Position: Any position which requires the services of an incumbent for an indefinite period but on an intermittent basis, as needed, paid on an hourly basis. Permanent Part-Time Position: Any position which will require the services of an incumbent for an indefinite period but on a regularly scheduled less than full time basis. Permanent Position: Any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. Project Employee: An employee who is engaged in a time limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenues. Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under "Transfer" or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classes. Position: The assigned duties and responsibilities calling for the regular full time, part-time or intermittent employment of a person. Reallocation: The act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five percent (5%) of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. Reclassification: The act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such position. AFSCME Local 512 - 2 , 2005-2008 MOU SECTION 1 - UNION RECOGNITION Reemployment List: A list of persons, who have occupied positions allocated to any class in the merit system and, who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. Resignation: The voluntary termination of permanent employment with the County. Temporary Employment: Any employment which will require the services of an incumbent for a limited period of time; paid on an hourly basis, not in an allocated position or in permanent status. Transfer: The change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on the salary plan that is within five percent (5%) at top step as the class previously occupied by the employee. Union: AFSCME Local 512 SECTION 1 - UNION RECOGNITION The Union is the formally recognized employee organization for the representation units listed below, and such organization has been certified as such pursuant to Board of Supervisors' Resolution 81/1165. Engineering Technician Unit Income Maintenance Program Unit Clerical Supervisory Unit Social Service,Staff Specialist Unit Probation Supervisor Unit Sheriffs Non-Sworn Management Unit Property Appraiser Unit SECTION 2 - UNION SECURITY 2.1 Dues Deduction. Pursuant to Chapter 34-26 of Board Resolution 81/1165, only a majority representative may have dues deduction and as such the Union has the exclusive privilege of dues deduction for all employees.in its units. 2.2 Agency Shop. A. The Union agrees that it has a duty to provide fair and non-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 Union. The provisions of Section 2.2 shall apply to all Supervisory Units represented by Local 512. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1. Become and remain a member of the Union or; 2., pay to the Union, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable AFSCME Local 512 - 3 - 2005-2008 MOU SECTION 2- UNION SECURITY constitutional, statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. do both of the following: a. execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. pay a sum equal to the agency shop fee described in Section 2.2.13.2 to a non-religious, non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. C. The Union shall provide the County with a copy of the Union's Hudson Procedure for the determination and protest of its agency shop fees. The County shall provide a copy of the Union's Hudson Procedure to every employee hired into a class represented by the Union after the effective date of this MOU. The Union shall provide a copy of said Hudson Procedure to every fee payer covered by this MOU within one (1) month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by an employee to invoke the Union's Hudson Procedure within one (1) month after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee. D. The provisions of Section 2.2.13.2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff and leave of absence with a duration of more than thirty (30) days. E. The Union shall provide the Director of Human Resources with copies of a financial report patterned after Form LM-2 pursuant to the Labor Management Disclosure Act of 1959. Such report shall be available to employees in the unit. Failure to file such a report not later than June 1 of each calendar year shall result in the termination of all agency fee deductions without jeopardy to any employee, until said report is filed. F. Compliance. 1. An employee employed in or hired into a job class represented by the Union shall be provided with an "Employee Authorization for Payroll Deduction"form by the Human Resources Department. 2. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and the Union's Hudson Procedure and the Union dues, agency shop fee, initiation fee or charitable contribution required under Section 2.2.13.3 are not received, and the employee has not timely invoked the Union's Hudson Procedure, or if invoked, the employee's Hudson Procedure rights AFSCME Local 512 - 4 - 2005-2008 MOU SECTION 2 - UNION SECURITY have been exhausted, the Union may, in writing, direct that the County withhold the agency shop fee and the initiation fee from the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Union. G. The Union shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, judgments, or other forms of liability that arise out of or by reason of this Union security section or action taken or not taken by the County under this Section. This includes, but is not limited to, the County's Attorneys' fees and costs. The provisions of this subsection shall not be subject to the grievance procedure. H. The County Human Resources Department shall monthly furnish a list of all new hires to the Union. I. In the event that employees in a bargaining unit represented by the Union vote to rescind Agency Shop, the provisions of Sections 2.3 and 2.4 shall apply to dues- paying members of the Union. 2.3 Maintenance of Membership. All employees in the Income Maintenance Program Unit, Clerical Supervisory Unit, Social Service Staff Specialist Unit, Probation Supervisor Unit, Engineering Technician Unit, Property Appraiser Unit, and Sheriffs Non-Sworn Management Unit who are currently paying dues to the Union and all employees in that unit who hereafter become members of the Union shall as a condition of continued employment pay dues to the Union for the duration of this MOU and each year thereafter so long as the Union continues to represent the class to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.5. 2.4 Union Dues Form. Employees hired into classifications assigned in bargaining units cited in Section 2.3 above shall, as a condition of employment at the time of employment, complete a Union dues authorization form provided by the Union and shall have deducted from their paychecks the membership dues of the Union. Said employee shall have thirty (30) days from the date of hire to decide if he/she does not want to become a member of the Union. Such decision not to become a member of the Union must be made in writing to the Auditor-Controller with a copy to the Labor Relations Division within said thirty (30) day period. If the employee decides not to become a member of the Union, any Union dues previously deducted from the employee's paycheck shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to the Union. If the employee does not notify the County in writing of the decision not to become a member within the thirty (30) day period, he/she shall be deemed to have voluntarily agreed to pay the dues of the Union. Each such dues authorization form referenced above shall include a statement that the Union and the County have entered into a MOU, that the employee is required, to authorize payroll deductions of Union dues as a condition of employment, and that such authorization may be revoked within the first thirty (30) days of employment upon proper written notice by the employee within said thirty (30) day period as set forth above. Each such employee shall, upon completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his or her right to revoke said authorization. 2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Office in writing, between August 1, 2005 and August 31, 2005, any employee assigned to a classification in the Income Maintenance Program Unit, Clerical Supervisory Unit, Social Service Staff Specialist Unit, Probation Supervisor Unit, Property Appraiser Unit, and Sheriffs Non-Sworn AFSCME Local 512 - 5 , 2005-2008 MOU SECTION 2- UNION SECURITY -Management Unit may withdraw from Union membership and discontinue paying dues as of the payroll period commencing September 1, 2005, discontinuance of dues payments to then be reflected,in the October 10th paycheck. Immediately upon the close of the above mentioned thirty (30) day period the Auditor-Controller shall submit to the Union a list of the employees who have rescinded their authorization for dues deduction. 2.6 Communicating With Employees. 'The Union shall be allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of offices in which there are employees represented by the Union, provided the communications displayed have to do with matters within the scope of representation and further provided that the employee organization appropriately posts and removes the information. The Department Head reserves the right to remove objectionable materials after consultation with the Union. Representatives of the Union, not on County time, shall be permitted to place a supply of employee literature at specific locations in County buildings if arranged through the Department Head or designated representative; said representatives may distribute employee organization literature in work areas (except work areas not open to the public) if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on duty employees. The Union shall be allowed access to work locations in which it represents employees for the following purposes: a. to post literature on bulletin boards; b. to arrange for use of a meeting room; C. to leave and/or distribute a supply of literature as indicated above; d. to represent an employee on a grievance and/or to contact a Union officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason for the visit, will be made with the departmental representative in charge of the work area and the visit will not interfere with County services. 2.7 Use of County Buildings. The Union shall be allowed the use of areas normally used for meeting purposes for meetings of County employees during non-work hours when: a. such space is available and its use by the Union is scheduled twenty-four (24) hours in advance; b. there is no additional cost to the County; C. it does not interfere with normal County operations; d. employees in attendance are not on duty and are not scheduled for duty; e. the meetings are on matters within the scope of representation. The administrative official responsible for the space.shall establish and maintain scheduling of such uses.The Union shall maintain proper order at the meeting and see that the space is left in a clean and orderly condition. AFSCME Local 512 " 6 - 2005-2008 MOU SECTION 2- UNION SECURITY The use of County equipment (other than items normally used in the conduct of business meetings such as desks, chairs, ashtrays and blackboards) is strictly prohibited, even though it may be present in the meeting area. 2.8 Advance Notice. The Union shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions designated by the Board, and to meet with the body considering the matter. The listing of an•item on a public agenda, or the mailing of a copy of a proposal at least seventy- two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four(24) hours before the item will be heard, shall constitute notice. In cases of emergency when the Board, or boards and commissions designated by the Board, determines it must act immediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical after its action. 2.9 Written Statement for New Employees. The County will provide a written statement to each new employee hired into a classification in any of the bargaining units represented by the Union, that the employee's classification is represented by the Union and the name of a representative of the Union. The County will provide the employee with a packet of information which has been supplied by the Union and approved by the County. The County shall provide an opportunity for the Union to make a fifteen (15) minute presentation at the end of the Human Resources Department's new employee orientation meetings. 2.10 Section 18 of 1977179 MOU. Section 18 of the 1977-1979 MOU between the County and Associated County Employees/AFSCME shall continue for the duration of this MOU. 2.11 P.E.O.P.L.E. Employees in classifications represented by Professional & Technical Employees, Local 512, AFSCME, may make voluntary, monetary monthly contributions to P.E.O.P.L.E., said contributions to be deducted from employees' pay by the County and remitted to AFSCME, P.E.O.P.L.E. (Public Employees Organized to Promote Legislative Equality). 2.12 Assignment of Classes to Bargaining Units. The County shall assign new classes in accordance with the following procedure. A. Initial Determination. When a new class title is,established, the Labor Relations Manager shall review the composition of existing representation units to determine the appropriateness of including some or all of the employees in the new Class in one or more existing representation units, and within a reasonable period of time, shall notify all recognized employee organizations of his/her determination. B. Final Determination. His/her determination is final unless, within ten (10) days after notification, a recognized employee organization requests in writing to meet and confer thereon. C. Meet and Confer and Other_Steps. He/she shall meet and confer with such requesting organizations (and with other recognized employee organizations where appropriate) to seek agreement on this matter within sixty (60) days after the ten-day period in Subsection B, unless otherwise mutually agreed. Thereafter, the.procedures in cases of agreement and disagreement, arbitration referral and AFSCME Local 512 - 7 . 2005-2008 MOU SECTION 3 - NO DISCRIMINATION expenses, and criteria for determination shall conform to those in Subsections (d) through.(i) of Section 34-12.008 of Board Resolution 81/1165. SECTION 3 - NO DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, sex, sexual orientation or Union activities against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established for the position, or from carrying out the duties of the position safely. There shall be no discrimination because of Union membership or legitimate Union activity against any employee or applicant for employment by the County or anyone employed by the County. Americans With Disabilities Act (ADA). The County and the Union recognize that the County has an obligation to reasonably accommodate disabled employees. If by reason of the aforesaid requirement, the County contemplates actions to provide reasonable accommodation to an individual employee in compliance with the ADA which are in conflict with any provision of this MOU, the Union will be advised of any such .proposed accommodation.- Upon request, the County will meet and confer with the..Union on the impact of such accommodation. If the County and the' Union do._not reach agreement, the County may implement the accommodation if required by law without further negotiations. Nothing in this MOU shall.preclude the County from . taking actions necessary to comply with the requirements of the Americans With Disabilities Act', SECTION 4 -SHOP STEWARDS AND OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetings.. Employees designated as shop stewards or official representatives of the Union shall be allowed to attend meetings held by County agencies,during regular working hours on County time as follows: a. if their attendance is required by the County at a specific meeting; b. if their attendance is sought by a hearing body or presentation of testimony or other reasons; C. if their attendance is required for meeting required for settlement of grievances filed pursuant to Section 26 -Grievance Procedure of this Memorandum; d. if they are designated as a shop steward, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance, provided the meetings are scheduled at reasonable times agreeable to all parties; e. if they are designated as spokesperson or representative of the Union and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions provided in each case advance arrangements for time away from the employee's work station or assignment are made with the appropriate department head, and the County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required; f. to attend examination appeal board hearings to assist an employee in making a presentation. AFSCME Local 512 . 8 - 2005-2008 MOU 4.2 Union Representative. Official representatives of the Union shall be allowed time off on County time for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Labor Relations Officer or other management representatives on matters within the scope of representation, provided that the number of such representatives shall not exceed two (2) without prior approval of the Labor Relations Officer, and that advance arrangements for the time away from the work station or assignment are made with the appropriate Department Head. Engineering Technician Unit 2 Income Maintenance Program Unit 2 Clerical Supervisory Unit 2 Social Service Staff Specialist Unit 2 Probation Supervisor Unit 2 Sheriffs Non-Sworn Management Unit 2 Property Appraiser Unit 2 4.3 Release Time for Training. Upon adoption of this memorandum of understanding by the .Board of Supervisors, the County shall provide the Union a maximum of one hundred (100)total hours per year of release time for Union designated stewards or officers to attend Union-sponsored training programs. Requests for release time shall be provided in writing to the Department and County Human Resources at least fifteen (15) days in advance of the time requested. Department Heads will reasonably consider each request and notify the affected employee whether such request is approved, within one (1)week of receipt. SECTION 5 -SALARIES 5.1 General Wage increases. A. The following wage increases are effective for employees represented by AFSCME, Local 512:' July 1, 2007 2% increase July 1, 2008 2% increase Employees who did not receive a negotiated wage increase during FY 05/06 and were employed on January 1, 2006 and are currently employed upon adoption of the MOU by the Board of Supervisors, will receive a one time payment of $1500 prorated for permanent part-time, permanent intermittent, and temporary employees. The proration will be based on $.72/hour for each straight time hour worked or in paid status during the period July 1, 2005 to June 30, 2006. Payment of this one-time lump sum payment will be made on the November 10, 2006 paycheck. Employees designated as safety employees (for retirement purposes) represented by AFSCME Local 512 will receive the following wage increases: October 1, 2002: 5.0% (less a 2.25% deduction for retirement benefits) October 1, 2003: 5.0% (less a 2.25% deduction for retirement benefits)- October 1, 2004: 5.0% (less a 2.25% deduction for retirement benefits) October 1, 2005: 5.0% (less a 2.25% deduction for retirement benefits) AFSCME Local 512 - 9 - 2005-2008 MOU SECTION 5.- SALARIES The wage and retirement benefit provisions for safety employees represented by AFSCME Local 512 expire September 30, 2006. Effective January 1, 2007, the salary of Supervising Forensic Toxicologist will be increased by 10.61% , Effective January 1, 2007, the salary of Engineering Records Technician will include a 2.5% Outstanding Performance Pay Step. 5.2 Hazard Pay. Effective July 1, 2006 to September 30, 2008, Clerical Supervisors assigned in the Martinez Detention facility and West County Detention Facility shall receive a five percent (5%) base pay salary differential for each hour worked in the facility. The parties shall meet and confer on or before July 1, 2008, to establish a Detention Facility salary differential or adjust the base pay salary for the Clerical Supervisors who work in the Martinez Detention facility and the West County Detention facility positions. Once the Detention Facility base pay or differential has been determined and established, the Clerical Supervisors will no longer be eligible to receive Hazard Pay. 5.3 Entrance Salary. New employees shall generally be appointed at the minimum step of the salary range established for the particular class of the position to which the appointment is made. However, the appointing authority may fill a particular position ata step above the minimum of the range. 5.4 Certification Rule. A. Open Employment List. On each request for personnel from an open employment list, ten (10) names shall be certified. If more than one (1) position is to be filled in any class in a department at the same time from the same request for personnel, the number of names to be certified from an open employment list shall be equal to the number of positions to be filled plus,nine (9). B. Promotional Emplovment List. On each request for personnel from a promotional employment list, five.(5) names shall be certified. If more than one (1) position is . to be filled in any class in a department at the same time from the same request for personnel, the number of names to be certified from a promotional employment list shall be equal to the number of positions to be filled plus four(4). 5.5 Anniversary Dates. Except as may otherwise be provided for. in deep class resolutions, anniversary dates will be set as follows: . A. New Employees. The anniversary date.of a new employee is the first day of the calendar month after the calendar month when the employee successfully completes six (6) months service; provided however, if an employee began work on the first regularly scheduled workday of the month, the anniversary date is the first day of the calendar month when the employee successfully completes six (6) months service. B. Promotions. The anniversary date of a promoted employee is determined as for a new employee in Subsection 5.5.A above. C. Demotions. The anniversary of a demoted employee is the first day of the calendar month after the calendar month when the demotion was effective. AFSCME Local 512 - 10 - 2005-2008 MOU SECTION 5 - SALARIES D. Transfer. Reallocation and Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary range or to a salary range which is within five percent (5%) of the top step of the previous classification, remains unchanged. E. Reemployments. The anniversary of an employee appointed from a reemployment list to the first step of the applicable salary range and not required to serve a probation period is determined in the same way as the anniversary date is determined for a new employee who is appointed the same date, classification and step, and who then successfully completes the required probationary period. F. Outside Appointment. Notwithstanding other provisions of this Section 5, the anniversary of an employee who is appointed to a classified position from outside the County's merit system at a rate above the minimum salary for the employee's new class, or who is transferred from another governmental entity to this County's merit system, is one (1) year from the first day of the calendar month after the calendar month when the employee was appointed or transferred; provided, however, when the appointment or transfer is effective on the employee's first regularly scheduled work day of that month, his/her anniversary is one (1) year after the first calendar day of that month. 5.6 Increments Within Range. The performance of each employee, except employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5.5 to determine whether the salary of the employee shall be advanced to the next higher step in the salary range. Advancement shall be granted on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend denial of the increment or denial subject to one additional review at some specified date before the next anniversary, 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 (1) step within-range increment be granted at one time, except as otherwise provided in deep-class resolutions. In case an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review at some date before the next anniversary, the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be all to make the granting of increments mandatory on the County. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 5.7 Part-Time Compensation. A part-time employee shall be paid a monthly salary in the same ratio to the full time monthly rate to which the employee would be entitled as a full time employee under the provisions of this Section 5 as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the full time work schedule of the department. 5.8 Compensation for Portion of Month and Permanent-intermittent Compensation. Any employee who works less than any full calendar month, except when on earned vacation or authorized sick leave, shall receive as compensation for services an amount AFSCME Local 512 - 11 - 2005-2008 MOU SECTION 5- SALARIES which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis, which is.calculated on the number of hours in the month worked plus five percent (5%) above the salary step earned. 5.9 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule as is the class of the position before it was reclassified, shall be paid at the same step of the range as the employee received under the previous classification. An incumbent of a position which is reclassified to a class which is allocated to a lower range of the basic salary schedule shall continue to receive the same salary as before the reclassification,.but if such salary is greater than the maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater than the range of the class of the position,before it was reclassified shall be governed by the provisions of Section 5.11 Salary on Promotion. 5.10 Salary Reallocation & Salary on Reallocation. A. In a general salary increase or decrease, an employee-.in a class which is reallocated to a salary range above or below that to which it was previously allocated, when the number of steps remain.the same, shall be compensated at the same step in the new salary range the employee was receiving in the range to . which the class was previously allocated. If the reallocation is from one salary range with more steps to a range with fewer steps or vice versa, the employee shall be compensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before reallocation to the top step of the old range, but in no case shall any employee be compensated at less than the first step of the range to which the class is allocated. B. In the event that a classification is reallocated from a.salary range with more steps to a.salary range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in 5.10.A above, each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. In the event that the steps in the new range do. not contain the same rates as the old,range, each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range, or if the new range does not contain a higher step, at the step which is next lower than the salary received in the old range. C. In the event an employee is in a position which is reallocated to a different class which.is allocated to a salary range the same as, above, or below the salary range of the employee's.previous class, the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallocation. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the incumbent shall be placed at the step which is next lower than the salary received in the old range. . AFSCME Local 512 - 12 - 2005-2008 MOU SECTION 5 - SALARIES D. In the event of reallocation to a deep class, the provisions of the deep class resolution and incumbent salary allocations, if any, shall supersede Section 5.11. 5.11 Salary on Promotion. Any employee who is appointed to a position of a class allocated to a higher salary range than the class previously occupied, except as provided under Section 5.13, shall receive the salary in the new salary range which is next higher than the rate received before promotion. In the event this increase is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is at least five percent (5%) greater than the next higher step; provided, however, that the next step shall not exceed the maximum salary for the higher class. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be . appointed at the step which the employee had formerly attained in the higher class unless such step results in a decrease in which case the employee is appointed to the next higher step. If however, the employee is being appointed into a class allocated toa higher salary range than the class from which the employee was laid off, the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee's current step, whichever is higher. 5.12 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.14, 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 lower than the salary received before demotion. In the event this decrease is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided, however, that the next step shall not be less than the minimum salary for the lower class. Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted employee shall be that step on the salary range which he/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. 5.13 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a position in a class having a salary schedule lower than that of the class from which he or she demotes, his or her salary shall remain the same if the steps in his or her new (demoted) salary range permit, and if not, new salary shall be set at the step next below former salary. 5.14 Transfer. An employee who is transferred from one- position to another as described under"Transfer"shall be placed at the step in the salary range of the new class which equals the rate of pay received before the transfer. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the employee shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the employee shall be placed at the step which is next lower than the salary received in the old range. Whenever a permanent employee transfers to or from a deep class, as provided in the appropriate deep class resolutions, the salary of the employee shall be set as provided in the deep class resolutions at a step not to exceed a five percent (5%) increase in the employee's base salary. However, if the deep class transfer occurs to or from a deep class with specified levels identified for certain positions and their incumbents, the employee's salary in the new class shall be set in accordance with the section on "Salary on Promotion" if the employee is transferring to another class or to a level in a deep class for which the salary is at least five percent (5%) above the top base step of the deep class level or class in which they have status currently. AFSCME Local 512 - 13 - 2005-2008 MOU SECTION 5- SALARIES 5.15 Pay for Work in Higher Classification.'When an employee in a permanent. position in the merit system is required to work in a classification for which the compensation is greater than that.to.which the employee is regularly assigned, theemployee shall receive compensation for such work at the rate of pay established for the higher classification pursuant to Subsection 5.11 Salary on Promotion of this. Memorandum, at the start of the second full day in the assignment, under the following conditions. Payment shall be made retroactive after completing the first forty(40) consecutive hours worked in the higher classification. a. The employee is assigned to a program service, or activity established by the Board of Supervisors which is reflected in an authorized position which.has been classified and assigned to the Salary Schedule. b. The nature of the departmental assignment is such that the employee in the lower classification performs a majority of the duties and responsibilities of the position of the higher classification. C. Employee selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. d. The County shall make reasonable efforts to offer out of class assignments to all in employees on a voluntary basis. Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures provided in this Memorandum. e. Higher pay assignments shall not exceed six (6) months except through reauthorization. f. If approval is granted for pay for work in a higher classification and the assignment is terminated and later reapproved for the same employee within one hundred eighty(180)days no additional waiting period will be required. g. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential and hazardous duty differential) accruing to the employee in his/her permanent position shall continue. h. During the period of work for higher pay,in a higher classification, an employee will retain his/her permanent classification, and anniversary and salary review dates will be determined by time in that classification; except that if the period of work for higher pay in a higher classification exceeds one (1) year continuous employment, the employee, upon satisfactory performance in the higher classification, shall be eligible for a salary review in that class on his/her next anniversary date. Notwithstanding any other salary regulations, the salary step placement of employees appointed to .the higher class immediately following termination of the assignment, shall remain unchanged. i. Allowable overtime. pay, shift differential and/or work location differentials will be paid on the basis of the rate of pay for the higher class. 5.16 Building Supervisor Differential. Institutional Supervisor I's in Juvenile Hall will receive a nine percent (9%) differential premium pay when assigned as Building Supervisor, commencing with the first hour worked while substituting for the Institutional Supervisor il. AFSCME Local 512 , - U . 2005-2008 MOU SECTION 6 - DAYS AND HOURS OF WORK 5.17 Payment. On the tenth (10th) day of each.month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the preceding month; provided, however, that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his/her warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3) or less, at the employee's option, of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. The election to receive an advance shall be made on or before April 30 or October 31 of each year or during the first month of employment by filing on forms prepared by the Auditor-Controller a notice of election to receive salary advance. Each election shall become effective on the first day of the month following the deadline for filing the notice and shall remain effective until revoked. In the case of an election made pursuant to this Section, 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. 5.18 Pay Warrant Errors. If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and holidays from the time the Department is made aware of and verifies that the pay warrant is in error. Pay errors in employee pay shall be corrected as soon as possible as to current pay rate but that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the six (6) month period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the appointing authority or designee, the Director of Human Resources or designee, or the Auditor- Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. When the County notifies an employee of an overpayment and proposed repayment schedule and the employee wishes to meet with the County, a meeting will be held at which time a repayment schedule shall be determined. If requested by the employee, a Union representative may be present at a meeting with management to discuss a repayment schedule in the case of overpayments to the employee. SECTION 6 - DAYS AND HOURS OF WORK 6.1 Normal Work Week & Deviations. The normal work week of County employees is forty (40) hours between 12:01 a.m. Monday to 12:00 midnight Sunday, usually five (5) eight (8) hour days. However, where operational requirements of a department require deviations from the usual pattern of five (5) eight (8) hour days per work week, an employee's work hours may be scheduled to meet these requirements. The Department Head shall prepare written schedules in advance to support all deviations, and encompassing the complete operational cycle contemplated. AFSCME Local 512 - 15 - 2005-2008 MOU SECTION 7- OVERTIME AND COMPENSATORY TIME The work week for employees in the 4/10 shift is four (4) ten (10) hour working days during a work week consisting of any seven (7) day period. If the County wants to eliminate any existing 4/10 shift and substitute a 5/8 shift or to institute a 4/10 shift which does not allow for three (3) consecutive days off (excluding overtime days or a change of shift assignment), it will meet and confer with the Union prior to implementing said new shift. The Probation Department agrees to continue a 9/80 work schedule program for those Institutional Supervisor l employees who work the graveyard shift at Juvenile Hall with the following conditions: a. The 9/80 program does not negatively impact the operations of the Juvenile Hall graveyard shift; b. The 9/80 program will not result in additional staff costs; .c. The 9/80 work schedule will be optional to the assigned Institutional Supervisor employee. 6.2 Work Schedule Re-Opener. The parties agree to reopen the work schedule provisions of the Memorandum of Understanding for the purpose of ensuring consistent practices among the departments and compliance with appropriate regulatory requirements. Any changes to the MOU and/or past practice except those necessitated by legal requirements shall be subject to agreement by both parties. 'If the,County believes a change is necessitated by legal requirements, it shall notify the Union of the change and the legal basis thereof. The County shall offer to meet with the Union before the County implements.such change. SECTION 7 -OVERTIME AND COMPENSATORY TIME 7.1 Overtime. Overtime is any authorized work performed in excess of forty (40) hours per week or eight (8) hours per day. Overtime for 4/10 shift employees. is.any work performed beyond ten (10) hours per day or forty (40) hours per week. All overtime shall be compensated at the rate of one and one-half (1-1/2) times the employee's base rate of pay (not including shift and,other special differentials). Overtime for permanent employees is earned and credited in a minimum .of one-half (1/2) hour increments and is compensated by either pay or compensatory time off. Employees entitled to overtime credit for holidays in positions which work around the.clock (such as the.County hospital, the Sheriffs office and jails, and'the juvenile hall and boys' ranch) shall be provided a choice as to whether they shall.be paid at the overtime rate or shall receive compensatory time off at the rate of one and one-half (1-1/2) hours compensatory time off for each hour worked. Such compensatory time off, and the accumulation thereof shall be in addition to the total vacation accumulation permitted under the terms of this MOU. The specific provision of this accumulation is set forth in Section 13.3 of this MOU. Regular overtime for twenty-four (24) hour institutional employees may be accrued as compensatory time in accordance with Section 7.2 of this MOU. 7.2 Compensatory Time. The following provisions shall apply: a. Employees may periodically elect to accrue compensatory time off in lieu of overtime pay. Eligible employees:must notify their Department Head or his or her designee of their intention to accrue compensatory time off or to receive overtime pay at least thirty (30) days in advance of the change. AFSCME Local 512 - 16 - 2005-2008 MOU SECTION 7- OVERTIME AND COMPENSATORY TIME b. The names of those employees electing to accrue compensatory time off shall be placed on a list maintained by the Department. Employees who become eligible (i.e., newly hired employees, employees promoting, demoting, etc.) for compensatory time off in accordance with these guidelines must elect to accrue compensatory time or they will be paid for authorized overtime hours worked. C. Compensatory time off shall be accrued at the rate of one and one-half (1-1/2) times the actual authorized overtime hours worked by the employee. d. Employees may not accrue a compensatory time off balance that exceeds one hundred twenty (120) hours (i.e., eighty (80) hours at time and one-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 (120) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked until the employee's balance again reaches one hundred twenty(120) hours. e. Accrued compensatory time off shall be carried over for use in the next fiscal year; however, as provided in D. above, accrued compensatory time off balances may not exceed one hundred twenty(120) hours. f. Employees may not use more than one hundred twenty (120) hours of compensatory time off in any fiscal year period (July 1 -June 30). g. The use of accrued compensatory time off shall be by mutual agreement between the Department Head or his/her designee and the employee. Compensatory time off shall not be taken when the employee should be replaced by another employee who would be eligible to receive, for time worked, either overtime payment or compensatory time accruals as provided for in this Section. This provision may be waived at the discretion of the Department Head or his or her designee. h. When an employee promotes, demotes or transfers from one classification eligible for compensatory time off to another classification eligible for compensatory time off within the same department, the employee's accrued compensatory time off balance will be carried forward with the employee. i. Compensatory time accrual balances will be paid off when an employee moves from one department to another through promotion, demotion or transfer. Said payoff will be made in accordance with the provisions and salary of the class from which the employee is promoting, demoting or transferring as set forth in j. below. j. Since employees accrue compensatory time off at the rate of one and one-half (1-1/2) hours for each hour of authorized overtime worked, accrued compensatory time balances will be paid off at the straight time rate (two-thirds .(2/3) the overtime rate)for the employee's current salary whenever: 1. the employee changes status and is no longer eligible for compensatory time off; 2. the employee promotes, demotes or transfers to another department; 3. the employee separates from County service; AFSCME Local 512 - 17 - 2005-2008 MOU SECTION 8 - CALL-BACK TIME 4. the employee retires. k. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this Section. 7.3 Fair Labor Standards Act Provisions. The Fair Labor Standards Act, as amended, may govern certain terms and conditions of the employment of employees covered by this MOU. It is anticipated that compliance with the Act may require changes in some of the County policies and practices currently in effect or agreed upon. If it is determined by the County that certain working conditions, including but not limited to work schedules, hours of work, method of computing overtime, overtime pay and compensatory time .off entitlements or use, must be changed to conform with the Fair Labor Standards Act, such terms and conditions of employment shall not be controlled by this MOU but shall be subject to modification by the County to conform to the Federal Law, without further meeting and conferring. The.County shall notify the Union (employee organizations) and will meet and confer with said organization regarding the implementation of such modifications. SECTION 8 -CALL-BACK TIME Any employee who is called back to duty shall be paid at the appropriate rate for the actual time worked plus one (1) hour. Such employee called back shall be paid a minimum of two (2) hours at the appropriate rate for each call-back. SECTION 9 -ON-CALL DUTY On-call duty is any time other than time when the employee is actually on duty during which an employee is not required to be on County premises but stand ready to immediately report for duty and must arrange so that his/her superior can reach him/her on ten (10) minutes notice or less. An employee assigned to on-call time shall be paid one (1) hour of straight time credit for each four (4) hours on such on-call time unless otherwise provided in the supplemental sections of this Agreement. Where on-call arrangements exist, the Department Head shall designate which employees are on-call unless otherwise provided in the supplemental sections of this Agreement. 'SECTION 10 -SHIFT DIFFERENTIAL 10.1 Shift Differential. In the hours which qualify for shift differential, employees shall receive five percent(5%) above their base salary rate. To qualify for shift differential, an employee must have a regularly assigned daily work schedule which requires: a. completion of more than one and one-half (1-1/2) hours over the normal actual working time; or b. at least four (4) hours of actual working time from 5:00 p.m. through 9:00 a.m. inclusive. However, employees who have. been regularly working a shift qualifying for shift differential immediately preceding the commencement of a vacation, paid sick leave period, paid disability or other paid leave, will have shift differential included in computing the pay for their leave. 'The paid leave of an employee who is on a rotating shift schedule shall include the shift differential that would have been received had the employee worked the shift for which the employee was scheduled during such period. Shift differential shall only be paid AFSCME Local 512 - 18 - 2005-2008 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT during paid sick leave and paid disability as provided above for the first thirty (30) calendar days of each absence. 10.2 Standards Division Differential. Associate Appraisers assigned to the Standards Division of the Assessor's Office shall receive a monthly differential in the amount of two and one-half percent (2.5%) of monthly base pay for each month assigned. This differential is in recognition of the additional responsibilities and duties required when assigned to the Standards Division. The Associate Appraiser in the Standards Division who is assigned the responsibility of providing lead direction and training to subordinate Appraisers shall receive a monthly differential in the amount of two and one-half percent (2.5%) of monthly base pay in addition to the differential described above. SECTION 11 -SENIORITY,WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT 11.1 Workforce Reduction. In the event that funding reductions or shortfalls in funding occur in a department.or are expected, which may result in layoffs, the department will notify the union and take the following actions: a. Identify the classifications) in which position reductions may be required due to funding reductions or shortfalls. b. Advise employees in those classifications that position reductions may occur in their classifications. C. Accept voluntary leaves of absence from employees in those classifications which do not appear to be potentially impacted by possible position reductions when such leaves can be accommodated by the department. d. Consider employee requests to reduce their position hours from full time to part time to alleviate the impact of the potential layoffs. e. Approve requests for reduction in hours, lateral transfers, and voluntary demotions to vacant, funded positions in classes not scheduled for layoffs within the department, as well as to other departments not experiencing funding reductions or shortfalls when it is a viable operational alternative for the department(s). f. Review various alternatives which will help mitigate the impact of the layoff by working through the Tactical Employment Team program (TET) to: 1. Maintain an employee skills inventory bank to be used as a basis for referrals to other employment opportunities. 2. Determine if there are other positions to which employees may be transferred. 3. Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. AFSCME Local 512 _ 19 - 2005-2008 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT 4. Establish,workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. g. When it appears to the"Department Head.and/or Labor Relations Officer that the Board of.Supervisors may take action which will result in the layoff of employees in a representation unit,,the Labor Relations Officer shall notify the Union of the possibility of such layoffs and shall meet and confer with the Union regarding the implementation of the action. 11.2 Separation Through Layoff A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the merit service may be laid off when the position is no longer necessary; or for reasons of economy, lack of work, lack of funds or for such other reason($) as the Board of Supervisors deems sufficient for abolishing the position(s). B. Order of Layoff. The order of layoff in a.department shall be based on inverse seniority in the class of.positions, the employee in that department with least seniority being laid off first and so on. C. Layoff By Displacement. 1. In the Same Class. A laid off permanent full time employee may displace an employee in the department having less seniority in the same class who occupies a permanent-intermittent or permanent part-time position, the least senior employee being displaced first. 2. In the Same Level or Lower Class. A laid off or displaced employee who had achieved permanent status in a class at the same or lower salary level as determined by,the salary schedule in effect at the time of layoff may displace within the department and in the class of an employee having less seniority; the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. D. Particular Rules on Displacing. 1. Permanent-intermittent and permanent part-time employees may displace only employees holding permanent positions , of the same type respectively. . 2. A permanent full time employee may displace any intermittent or part-time employee with less seniority, 1) in the same class or, 2) in a class of the same or lower salary level if no full time employee in a class at the same or lower salary level has less seniority than the displacing employees. 3. Former permanent full time employees who have voluntarily become permanent part-time employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Director of Human 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. AFSCME Local 512 - 20 - 2005-2008 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT E. Seniority. An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salary schedule in effect at the time of layoff. Employees reallocated or transferred without examination from one class to another class having a salary within five (5%) percent of the former class, as provided in Section 305.2 of the PMRs, shall carry the seniority accrued in the former class into the new class. Employees reallocated to a new deep class upon its initiation or otherwise reallocated to a deep class because the duties of the position occupied are appropriately described in the deep class shall carry into the deep class the seniority accrued or carried forward in the former class and seniority accrued in other classes which have been included in the deep class. Service for layoff and displacement purposes includes only the employee's last continuous permanent County employment. Periods of separation may not be bridged to extend such service unless the separation is a result of layoff in which case bridging will be authorized if the employee is reemployed in a permanent position within the period of layoff eligibility. Approved leaves of absence as provided for in these rules and regulations shall not constitute a period of separation. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous permanent County employment. If there remain ties seniority rights, such ties shall be broken by counting total time in the department in permanent employment. Any remaining ties shall be broken by random selection among the employees involved. F. Eligibility for Layoff List. Whenever any person who has permanent status is laid off, has been displaced, has been demoted by displacement or has voluntarily demoted .in lieu of layoff or displacement, or has transferred in lieu of layoff or displacement, the person's name shall be placed on the layoff list for the class of positions from which that person has been removed. G. Order of Names on Layoff List. 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. Names shall be listed in order of layoff seniority in the class from which laid off, displaced, demoted or transferred on the date of layoff, the most senior person listed first. In case of ties in seniority, the seniority rules shall apply except that where there is .a class seniority tie between persons laid off from different departments, the tie(s) shall be broken by length of last continuous permanent County employment with remaining ties broken by random selection among the employees involved. H. Duration of Layoff and Reemployment Rights. The name of any person granted reemployment privileges shall continue on the appropriate list for a period of two (2) years. Persons placed on layoff lists shall continue on the appropriate list for a period of four(4)years. I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or 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 AFSCME Local 512 - 21 - 2005-2008 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT eligible highest on the layoff list from the department: When a request- for personnel. is received from a department from which an eligibles) was not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period. A person employed from a layoff list shall be appointed at the same step of the salary range the employee held on the day of layoff. J. Removal.of Names from Reemployment & Layoff Lists. The Director of Human Resources may remove the name of any.eligible from a reemployment or layoff list for any reason listed below: 1. For any cause stipulated in Section 404.1 of the Personnel Management Regulations. 2. On evidence that the eligible cannot be located by postal authorities. 3. On receipt of a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for appointment in the class. 4. If three (3) offers of permanent appointment to the class for which the eligible list was established have been declined by the eligible. 5. If the eligible.fails to respond to the Director of..Human Resources or the appointing authority within ten (10) days to written °notice of certification mailed to the person's last known address. 6. If the person on the reemployment or layoff list is ;appointed to another position in the same or lower classification, the name of the person shall be removed. 7. However, if the first permanent appointment of a person on a layoff list is to a lower class which has a top step salary lower than the top step of the class from which the person was laid off, the name of the person shall not be removed from the layoff list. Any subsequent appointment of such person from the layoff list shall result in removal of that person's name. K. Removal of Names from Reemployment and Layoff Certifications. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff certification if the eligible fails to respond within five (5) days to a written notice of certification mailed to the person's last known address. t 11.3 Notice. The County agrees to give employees scheduled for layoff at least ten (10) work days notice prior to their last day of employment. 11.4 Special Employment Lists. The County will establish a Tactical Employment Team (TET) employment pool which will include the names of all.laid off County employees. Special employment lists for job classes may be established from the pool. Persons placed on a special . employment list must meet the minimum qualifications for the class. An appointment from such a list will not affect the individual's status on a layoff list(s). Employees in the TET employment pool. shall be guaranteed a job interview for any.vacant funded position for which they meet the minimum qualifications. If there are more than five such AFSCME Local 512 -227 2005-2008 MOU SECTION 12 - HOLIDAYS employees who express an interest for one vacant funded position, the five most senior employees shall be interviewed. Seniority for this subsection shall be County seniority. 11.5 Reassignment of Laid Off Employees. Employees who displaced within the same classification from full time to part-time or intermittent status in a layoff, or who voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a position of another status than that from which they were laid off upon referral from the layoff list, may request reassignment back to their pre-layoff status (full time or part-time or increased hours). The request must be in writing in accord with each department's reassignment bid or selection process. Employees will be advised of the reassignment procedure to be followed to obtain reassignment back to their"former status at the time of the workforce reduction. The most senior laid off employee in this status who requests such a reassignment will be selected for the vacancy; except when a more senior laid off individual remains on the layoff list and has not been appointed back to the class from which laid off, a referral from the layoff list will be made to fill the vacancy. SECTION 12 - HOLIDAYS 12.1 Holidays Observed. The County will observe the following holidays: a. January 1 st, known as New Year's Day Third Monday in January known as Dr. M. L. King, Jr. Day Third Monday in February, known as Presidents' Day The last Monday in May, known as Memorial Day July 4th known as Independence Day First Monday in September, known as Labor Day November 11 th, known as Veterans Day Fourth Thursday in November, known as Thanksgiving Day The Friday after Thanksgiving Day December 25th, known as Christmas Day Such other days as the Board of Supervisors may by resolution designate as holidays. b. Each full-time employee shall accrue two (2) hours of personal holiday credit per month. Such personal holiday time may be taken in increments of one-tenth hour (6 minutes), and preference of personal holidays shall be given to employees according to their seniority in their department as reasonably as possible. No employee may accrue more than forty (40) hours of personal holiday credit. On separation from County service, an employee shall be paid for any unused personal holiday credits at the employee's then current pay rate. C. This subsection only applies to Institutional Supervisor I's assigned to a 24-hour institution. The County, in addition to the holidays observed in Section 12.1(A), will observe Admissions Day, Columbus Day and Lincoln's Day, but Institutional Supervisor I's shall not accrue the two (2) hours per month of personal holiday credit as described in Section 12.1(b). If the observed holiday falls on a Saturday or Sunday, the Institutional Supervisor I shall celebrate the holiday on that Saturday or Sunday (not on the preceding Friday or following Monday). AFSCME Local 512 - 23 - 2005-2008 MOU SECTION 12 -.HOLIDAYS The Institutional Supervisor I will be paid the overtime rate of pay or holiday comp time for working the holiday in addition to the regular pay"for the holiday. If the observed holiday falls on the day off of the Institutional Supervisor 1, the employee.shall be given credit for overtime.or the equivalent compensatory time credit (holiday credit)for working the holiday or granted time off on the employees next scheduled work day. Employees who are not permitted to take holidays off due to the nature of their work are entitled to overtime pay as specified by this MOU. 12.2 Application of Holiday Credit. The following provisions indicate how holiday credit is to be applied: a. Employees on the five (5) day Monday through Friday work schedule shall be entitled to a holiday whenever a holiday is observed pursuant to the schedule cited above. b. Employees on a work schedule other than Monday through Friday shall be entitled to credit for any holiday, whether worked or not, observed by employees on the regular schedule. C. For all employees, if a work day falls on a scheduled holiday they shall receive . overtime pay or equivalent compensatory time credit (Holiday Credit) for working the holiday, or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit, unless otherwise provided for in other sections of this MOU. d. If any holiday listed in Section 12..1.A above falls on a Saturday, it shall be celebrated on the preceding Friday. If any holiday,listed-in Section 12.1.A falls on a Sunday, it shall be celebrated on the following Monday. The purpose of this plan is to equalize holidays between employees on regular work schedule and those on other work schedules. 12.3 Permanent Part-Time Employees. Permanent part-time and permanent-intermittent employees who work on a holiday shall receive overtime payor compensatory time credit for all hours worked, up to a maximum of eight (8). For employees in the Animal',Services Department assigned to units or services on a shift operational cycle (as designated by the appointing authority) which includes Saturday (rather than Monday through Friday, eight (8) hours per day or 9/80 schedule), holidays will be observed on the day on which the holiday falls regardless if it is a Saturday. 12.4 4/10 Shift- Holidays. A. Holiday Shift Pay. For all employees, if a work day falls on a scheduled holiday, they shall receive overtime pay or equivalent compensatory time credit (Holiday Credit) for working the holiday for the first eight (8) hours worked; or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit for eight (8) hours. B. Absence on Holiday..The maximum time charged to sick leave, vacation or leave without pay on a holiday shall be two (2) hours. 12.5 9/80 Shift Holidays. AFSCME Local 512 -24 . 2005-2008 MOU SECTION 12 - HOLIDAYS A. . Holiday Shift Pay. For all employees, if a work day falls on a scheduled holiday, they shall receive overtime pay or equivalent compensatory time credit (Holiday Credit)for working the holiday for the first eight (8) hours worked; or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit for eight (8) hours. B. Absence on Holiday. The maximum time charged to sick leave, vacation, or leave without pay on a holiday shall be one (1) hour. 12.6 Accrual of Holiday Time & Credit. Employees entitled to holiday credit shall be permitted to elect between pay at the overtime rate or compensatory time off in recognition of holidays worked. The following procedures shall apply to this selection: a. Any person who is eligible and who elects to accrue holiday credit must agree to do so for a full fiscal year(July 1 through June 30), or the remainder thereof. b. Employees starting work after a list of those electing to accrue holiday credit has been submitted to the Auditor and approved, will be paid overtime unless they specifically requested in writing within seven (7) calendar days to be placed on the holiday credit accrual list. C. Holiday time shall be accrued at the rate specified above to a maximum of eight (8) hours worked by the employee. d. Accrued holiday credit may not be accumulated in excess of two hundred eighty- eight (288) working hours exclusive of regular vacation accruals. After two hundred eighty-eight (288) hours, holiday time shall be paid at the overtime rate as specified above. e. Accrued holiday credit may be taken off at times determined by mutual agreement of the employee and the Department Head. t Accrued holiday credit shall be paid off only upon a change in status of the employee such as separation, transfer to another department or reassignment to a permanent-intermittent position. 12.7 Work Leave. Upon Board of Supervisors approval of the MOU, but no later than November 10, 2006, each employee will receive 24 hours of Paid Time Off (PTO) (prorated for part-time and permanent intermittent employees). If an employee is not granted his/her choice of day off, the supervisor shall suggest an alternate date. If the employee and supervisor cannot agree on the alternate date, the employee shall observe the day off on the employee's birthday. An employee whose birthday falls on a scheduled day off, may observe the PTO on the scheduled work day immediately preceding or immediately following the employees' birthday. 24/7 shift employees unable to schedule time off will be cashed out for unused time at the end of the agreement. This provision shall automatically terminate upon expiration of the MOU, and except as noted above, an employee will not be allowed to cash out any unused time. 12.8 Holiday Schedule — Re-Opener. The parties agree to reopen the holiday schedule provisions of the Memorandum of Understanding for the purpose of ensuring consistent practices among the departments on holiday scheduling, and compliance with AFSCME Local 512 -25 - 2005-2008 MOU SECTION 13 - VACATION AND PAID PERSONAL LEAVE appropriate regulatory requirements. Any changes to the MOU and/or past practice, except those necessitated by legal requirements, shall be subject to agreement by both parties. If the County believes a change is necessitated by legal requirements, it shall notify the Union of the change and the legal basis thereof. The County shall offer to meet with the Union before the County implements such change. SECTION 13 -VACATION AND PAID PERSONAL LEAVE 13.1 . Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour calculated on the same basis as for partial month compensation pursuant to Section 5.8 —Compensation for Portion of Month of this MOU. Vacation credits may be taken in one-tenth hour (6 .minute) increments but may not be taken during the first six (6) months of employment except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. 13.2 Vacation Leave on Reemployment from a Layoff List. Employees with six (6) months or more service in a permanent position prior to their layoff, who are employed from a layoff list, shall be considered as having completed six (6) months, tenure in a permanent position for the purpose of vacation leave. The appointing. authority or designee will advise the Auditor- Controller's Payroll Unit in each case where such vacation is authorized so that appropriate Payroll system override actions can be taken. 13.3 Vacation Accrual Rates. For employees in the Social Service Staff Specialist Unit, Probation Supervisor Unit and Sheriffs Non-Sworn Management Unit, the rates at which vacation credits accrue and the maximum accumulation thereof, are as follows: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 11 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 For employees in the Income Maintenance Program, Engineering Technician, Property Appraiser, and Clerical . Supervisory Units, vacation credits accrue, and the maximum accumulation thereof, are as follows: Monthly Maximum Accrual Cumulative Length of Service . Hours Hours Under 5 years 6-2/3. 160 5 through 10 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 .. 13 years 12 288 14 years 12-2/3 304 AFSCME Local 512 -26 - 2005-2008 MOU SECTION 14 - SICK LEAVE 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years. 20 480 30 years and up 23=1/3 560 13.4 Accrual During Leave Without Pay. No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 13.5 Vacation Allowance for Separated Employees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 13.6 Preference. Vacation shall be given to employees according to their seniority in their department as much as is reasonably possible. 13.7 Prorated Accruals. Employees in permanent part-time and permanent-intermittent positions shall accrue vacation benefits on a prorated basis as provided in Section 36-2.006 of Board Resolution 81/1165. SECTION 14 .SICK LEAVE 14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by the County and may be used only as authorized; it is not paid time off which employees may use for personal activities. 14.2 Credits To and Charges Against Sick Leave. Sick leave credits accrue at the rate of eight (8) working hours credit for each completed month of service, as prescribed by County Salary Regulations. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one-tenth hour (6 minutes) increments. Unused sick leave credits accumulate from year to year. When an employee is separated other than through retirement, accumulated sick leave credits shall be canceled, unless the separation results from layoff, in which case the accumulated credits shall be restored if re-employed in a permanent position within the period of layoff eligibility. As of.the date of retirement, an employee's accumulated sick leave is converted to retirement on the basis of one day of retirement service credit for each day of accumulated sick leave credit. 14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury.The following definitions apply: Immediate Family: Includes only the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece, nephew, father- in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, foster children, aunt,.uncle, cousin, stepbrother, stepsister, or domestic partner of an employee and/or includes AFSCME Local 512 - 27 - 2005-2008 MOU SECTION 14 - SICK LEAVE any other person for whom the employee is the legal guardian or conservator, or any person who is claimed as a "dependent"for IRS reporting purposes by the employee. Employee: Any person.employed by Contra Costa County in an allocated position in the County service. Paid Sick Leave Credits: Sick leave credits _provided for by County Salary Regulations and memoranda of understanding. Condition/Reason: With respect to necessary verbal contacts and confirmations which occur between the department and the employee when sick leave is requested or verified, a brief statement in non-technical terms from the employee regarding inability to work due to injury or illness is sufficient. Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: a. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used when the employee is off work because of a temporary illness or injury. b. Permanent Disability Sick Leave. Permanent disability means the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for.which the employee is qualified by reason of education, training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: 1. An application for retirement due to disability has been filed with the Retirement Board. 2. Satisfactory medical" evidence of such disability : is received by the appointing authority within thirty (30) days of the start of use of sick leave for permanent disability. . 3. The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that 'the employee is not disabled, or.when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. C. , Communicable Disease. An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a communicable disease. d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability, under the conditions set'forth below: 1. Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability from AFSCME Local 512 - 28'- 2005-2008 MOU SECTION 14 - SICK LEAVE the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date. the physician anticipates the disability to terminate. 2. If an employee does not apply for leave and the appointing authority believes that the employee is not able to properly perform her work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery therefrom the employee shall be required to undergo a physical examination by a physician selected by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3. Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. e. Medical and Dental Appointments. An employee may use paid sick leave credits: 1. For working time used in keeping medical and dental appointments for the employee's own care; and 2. For working time used by an employee for prescheduled medical and dental appointments for an immediate family member. f: Emergency Care of Family. An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. g. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family or of the employee's domestic partner, but this shall not exceed three (3)working days, plus up to two (2) days of work time for necessary travel. Use of additional accruals including sick leave when appropriate may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. h. Legal Adoption of a Child. Paid sick leave credits may be used by an employee upon adoption of the child. L Accumulated paid sick leave credits may not be used in the following situations: 1. Vacation. Paid sick leave credits may not be used for an employee's illness or injury which occurs while he is on vacation but the County Administrator may authorize it when extenuating circumstances exist and the appointing authority approves. 2. Not in Pay Status. Paid sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status. 14.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of the employee and the department head. The following procedures apply: AFSCME Local 512 - 29 . 2005-2008 MOU SECTION 14 - SICK LEAVE a. Employee Responsibilities 1. Employees•are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2. Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work. 3. Employees are responsible for obtaining advance; approval from their supervisor for the scheduled time of pre-arranged personal or family medical and dental appointment. 4. Employees are encouraged to keep the department advised of (1) a current telephone number to which sick leave related inquiries may be directed, and (2) any condition(s) and/or restriction(s) that may reasonably be imposed regarding specific locations and/or persons the department may contact to verify the employee's sick leave. b. Department Responsibilities. The use of sick leave may properly be denied if these procedures are not followed. Abuse. of sick leave on the part of the employee is cause for disciplinary action. Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim. The department head or designee may makereasonable inquiries about employee absences. The department may require medical verification for an absence-of three (3) or more working days. The department may also require medical verification for absences of less than three(3)working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: 1. Calling the employee's residence telephone number or other contact telephone number provided by the employee if telephone notification was not made in accordance with departmental sick leave call-in guidelines. These inquiries shall be subject to any restrictions imposed by the employee under Section 14.4.a. 2. Obtaining the employee's signature on the Absence/Overtime Record, or on another form established for that purpose, as employee certification of the legitimacy of the claim. 3. Obtaining the employee's.written statement of explanation regarding the sick leave claim. 4. Requiring the employee to obtain a physician's certificate or verification of the employee's illness, date(s) the employee was incapacitated, and the employee's ability to return to work, as specified above. 5. In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as specified above. AFSCME Local 512 - 30 . 2005-2008 MOU SECTION 14 - SICK LEAVE Department heads are responsible for establishing timekeeping procedures which will insure the submission of a time card covering each employee absence and for operating their respective offices in accordance with these policies and with clarifying regulations issued by the Office of the County Administrator. To help assure uniform policy application, the Human Resources Director or designated management staff of the County Human Resources Department should be contacted with respect to sick leave determinations about which the department is in doubt. 14.5 Disability. A. An employee physically or mentally incapacitated for the performance of duty is subject to dismissal, suspension'or demotion, subject to the County Employees Retirement Law of 1937. An appointing authority 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 physically or mentally incapacitated for the performance of the employees duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employees, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense a physical, medical examination by a licensed physician and/or psychiatric examination by a licensed physician or psychologist, and receive a report of the findings on such examination. If the examining physician or psychologist recommends that treatment for physical or mental health problems, including leave, are in the best interests of the employee or the County in relation. to the employee overcoming any disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due to temporary or permanent disability shall be without prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee is entitled other than regular salary. The Human Resources Director may order lost pay restored for good cause and subject to the employee's duty to mitigate damages. D. Before an employee returns to work from any absence for illness or injury, other leave of absence or disability leave, exceeding two weeks in duration, the appointing authority may order the employee to undergo at County expense a physical, medical, and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. If the report shows that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as he/she deems necessary in accordance with appropriate provisions of this MOU. E. Before an employee is placed on an unpaid leave of absence or suspended because of physical or mental incapacity under (A) or (B) above, the employee shall be given notice of the proposed leave of absence or suspension by letter or memorandum, delivered personally or by certified mail, containing the following: 1. a statement of the leave of absence or suspension proposed; AFSCME Local 512 - 31 - 2005-2008 MOU SECTION 14 -SICK.LEAVE 2. the proposed dates or duration of the leave or suspension which may be .indeterminate until a certain physical or mental health condition has been attained by the employee; 3. a statement of the basis upon which the action is being taken; 4. a statement that the employee may review the materials upon which the action is taken; 5.- a statement that the'employee has until a specified date (not less than seven (7) work days from personal delivery or mailing of the notice) to respond to the appointing authority orally.or in writing: F. Pending response to the notice the appointing authority for cause specified in writing may place the employee on a temporary leave of absence, with pay. G. The employee to whom the notice has been delivered or mailed shall have seven (7) work days to respond.'to the appointing authority either orally or in writing before the proposed action may be taken. H. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension in writing stating specifically the basis upon which the action is being taken, delivering the order to the employee either personally or by certified mail, effective either upon personal delivery or deposit in the U.S. Postal Service. I. An employee who is placed on leave or suspended under this section may, within ten (10) calendar days after personal delivery or mailing to the employee of the order, appeal the order in writing through the Director of Human Resources to the Merit Board. Alternatively, the employee may file a written election with the Director of Human Resources waiving the employee's right to appeal to the Merit Board in favor of appeal to a Disability Review Arbitrator. J. In the event of an appeal either to .the Merit Board .or the Disability Review Arbitrator, the employee has the burden of proof to show that either: 1. the physical or mental health condition cited by the appointing authority does not exist, or • 2. the physical or mental health condition does exist, but it is not sufficient to prevent, preclude; or impair the employee's performance of duty, or is not sufficient to endanger the health or safety of the employee, other employees, or the public. . K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the Director of Human Resources to the Merit Board for hearing under the Merit Board's Procedures, Section 1114-1128 inclusive. Medical; reports submitted in evidence in such hearings shall remain confidential information and shall not be a part of the public record. L. If the appeal is to a Disability Review Arbitrator, the employee (and his representative) will meet with the County's representative to mutually select the Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a rehabilitation specialist, or some other recognized specialist mutually selected by AFSCME Local 512 - 32 . 2005-2008 MOU SECTION 14 - SICK LEAVE the parties. The arbitrator shall hear and review the evidence. The decision of the Disability Review Arbitrator shall be binding on both the County and the employee. Scope of the Arbitrator's Review. 1. The arbitrator may affirm, modify or revoke the leave of absence or suspension. 2. The arbitrator may make his decision based only on evidence submitted by the County and the employee. 3. The arbitrator may order back pay or paid sick leave credits for any period of leave of absence or suspension if the leave or suspension is found not to be sustainable, subject to the employee's duty to mitigate damages. 4. The arbitrator's fees and expenses shall be paid one-half by the County and one-half by the employee or employee's association. M. It is understood that the benefits specified in Section 14 —Sick Leave and Section 17 —Workers' Compensation shall be coordinated with the rehabilitation program as determined by the labor-management committee. 14.6 Accrual Durinq Leave Without Pay. No employee who has been granted a leave withouf pay or an unpaid military leave shall accrue any sick leave credits during the time of such leave nor shall an employee who is absent without pay accrue sick leave credits during the absence. 14.7 Integration of SDI Benefits with the County Sick Leave Benefit Program. Employees eligible for State.Disability Insurance benefits and sick leave benefits for any portion of disability shall be required to make application for both benefits. The State Disability Insurance benefits shall be returned to the County to be credited to the employee's sick leave balance on the following basis: a. Integration with State.Disability Insurance is automatic and cannot be waived. b. The amount credited to the employee's sick leave balance shall be converted to sick leave hours by dividing the amount received from State Disability Insurance by the employee's straight-time hourly rate, at the time of payment, as determined by the appropriate salary schedule for the employee's class of employment. C. If the employee is eligible for State Disability Insurance benefits, application must be made and the benefits returned to the County for sick leave credits so that the principle of integration is completed. d. In the event an employee is not eligible for sick leave credits from the County, there will be no integration and the employee shall not return State Disability Insurance benefits to the County. e. In the event an employee receives sick leave benefits for a portion of the disability period, State Disability Insurance benefits must be utilized to restore only those sick leave hours used during the period of disability. f. Restoration of sick leave balances shall be rounded to the nearest one-half (1/2) hour. AFSCME Local 512 - 33 - 2005-2008 MOU SECTION 15 - CATASTROPHIC LEAVE BANK g. In no instance.will an employee be allowed to purchase sick leave not accrued. h. The County will provide separate accounting.for the purchased sick leave to insure that State Disability Insurance benefits are not taxable. . 14.8 Disability Insurance Review Committee. The County shall continue the Disability Insurance Review Committee consisting of one (1) representative from each employee organization and four (4) management representatives to review and recommend to the Director of Human Resources the feasibility of implementing a self-funded and self-administered disability insurance program. 14.9 Employee Annual Health Examination. Employees of the County who work in a Health Services Department facility will annually be required to complete a health questionnaire and take a tuberculosis skin test. A chest X-ray will be required.if the employee has previously had a positive reaction to a tuberculosis skin test. However, employees will not be required to take X- ray exams in excess of what is required by applicable Federal and State laws. Employees will also be requested to be screened for rubella immunity. If the result of the rubella test is negative, the appointing authority or designee will recommend that the employee become immunized. If the employee has direct patient contact and refuses to become immunized, said employee will be relocated to an indirect patient contact area. 14.10 Confidentiality of Information/Records.Any use of employee medical records will be governed by the Confidentiality of Medical Information Act.(Civil Code Sections 56 to 56.26). SECTION 15 -CATASTROPHIC LEAVE BANK 15.1 Program Design. The County Human Resources Department will operate a Catastrophic Leave Bank which 'is designed to assist any County employee who has exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of the employee or family member. The program establishes and maintains a countywide bank wherein any employee who wishes to contribute.may authorize that a portion of his/her accrued vacation, compensatory time, holiday compensatory time or floating holiday be deducted from those account(s) and credited to the Catastrophic Leave Bank. Employees may donate hours either to a specific eligible employee or to the bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred to a requesting employee's sick leave account so that employee may remain in paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury, or condition. Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical impairment or disability which manifests itself during employment. 15.2 Operation. The plan will be administered under the direction of the Human Resources Director. The Human Resources Department will be responsible for receiving and recording all .donations of accruals and for initiating transfer of credits from the Bank to the recipient's sick leave account. Disbursement of accruals will be subject to the approval 1,ofa six (6) member committee composed of three (3) members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests:for credits and shall make determinations as to the appropriateness of the request. The committee shall determine the amount of accruals to be awarded for employees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requestor basis. AFSCME Local 512 - 34 . 2005-2008 MOU SECTION 96 - STATE DISABILITY INSURANCE (SDI) Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and shall'be treated as regular sick leave accruals. To receive credits under, this plan, an employee must have permanent status, must have exhausted all time off accruals to a level below eight (8) hours total; have applied for a medical leave of absence and have medical verification of need. Donations are irrevocable unless the donation to the eligible employee is denied. Donations may be made in hourly blocks with a minimum donation of not less than four (4) hours per donations from balances in the vacation, holiday, floating holiday, compensatory time, or holiday compensatory time accounts. Employees who elect to donate to a specific individual shall have seventy-five percent (75%) of their donation credited to the individual and twenty-five percent (25%)credited to the Catastrophic Leave Bank. Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis. All computations will be on a standard one hundred seventy three and thirty three hundredths (173.33) basis, except that employees on other than a forty (40) hour week will have hours prorated according to their status. Any recipient will be limited to a total of one thousand forty (1040) hours or its equivalent per catastrophic event; each donor will be limited to one hundred twenty (120) hours per calendar year. No element of this plan is grievable. All appeals from either a donor or recipient will be resolved on a final basis by the Director of Human Resources. No employee will have any entitlement to catastrophic leave benefits. The award of Catastrophic Leave will be at the sole discretion of the committee, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six (6) months. The committee will be entitled to limit benefits in accordance with available contributions and to choose from among eligible applicants, on an anonymous basis, those who will receive benefits, except for hours donated,to a specific employee. In the event a donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria, the donating employee may authorize the hours to be donated to the bank or returned to the donor's account. The donating employee will have fourteen (14) calendar days from notification to submit his/her decision regarding the status of their donation, or the hours will be irrevocably transferred to the Catastrophic Leave Banka Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. SECTION 16 -STATE DISABILITY INSURANCE (SDI) Effective July 1, 1994, the County will begin a six-month pilot program for employees eligible for State Disability benefits. At the end of the six (6) month pilot program, the County will meet and confer to evaluate whether the plan will be continued. Employees eligible for SDI benefits will be required to make application for SDI benefits and to have those benefits integrated with the use of their sick leave accruals on the following basis: 16.1 General Provisions. The California SDI program provides disability benefits beginning on the eighth (8) calendar day of a qualifying disability unless the employee is hospitalized. Upon hospitalization, benefits can be payable from the first day of the disability. If the disability exceeds fourteen (14) calendar days, benefits can be payable from the first day of the disability. AFSCME Local 512 - 35 - 2005-2008 MOU SECTION 16 - STATE DISABILITY INSURANCE (SDI) The maximum period of State disability payments is up to one (1) year. Determination of SDI payments and eligibility to receive payments is at the sole discretion of the State of California. Integration means that employees will be required to use sick leave accruals to supplement the difference between the amount of the SDI payment and the employee's base monthly salary. Integration of sick leave with the SDI benefit is automatic and cannot be waived. Integration applies to all SDI benefits paid. For employees off on SDI, the department will make appropriate integration adjustments, including retroactive adjustments if necessary. Employees must inform their department of hospitalization in a timely manner in order for the 'department to make appropriate integration adjustments. State Disability benefit payments will be sent directly to the employees at their home address by the State of California. When there are insufficient sick leave accruals available to fully supplement the difference between the SDI payment and the employee's base monthly salary, accruals other than sick leave may be used. These accruals may be used only to the extent that total payments do not exceed the employee's base monthly salary. 16.2 Procedures. Employees with more than 1.2 hours of sick leave accruals at the beginning of the disability integration period must integrate their sick leave accrual .usage with. their SDI benefit to the maximum extent possible. When employees have 1.2 hours or less of sick leave accruals at the beginning of the disability integration period; the department shall automatically use-0.1 hour of sick leave per month for the duration of their SDI benefit. When sick leave accruals are totally exhausted, integration with the SDI benefit terminates. An employee may use any other accruals without reference to or integration with the SDI benefit. When the SDI benefit is exhausted, sick leave integration terminates, then the employee may use sick leave or other accruals. Employees with no sick leave balance,at the beginning of the disability integration period may use any other accruals without reference to or integration with the SDI benefit. Employees whose SDI claims are denied must present a copy of their claim denial to their department. The department will then authorize use of unused sick leave and shall authorize the use of other accruals as appropriate. Employees may contact the Human Resources Department, Benefits Division, for assistance in resolving problems. 16.3 Method of Integration. Until an employee has a.balance of 1.2 hours of sick leave, the employee's sick leave accrual charges while receiving SDI benefits,shall be calculated each month. The amount of sick leave charged each employee will be calculated in the following manner: The percentage of base monthly salary not covered by the SDI benefit will be applied to the daily hours in the employee's schedule and that number of sick leave hours will be charged against the employee's sick leave accruals. AFSCME Local 512 . 36 . , 2005-2008 MOU SECTION 17- WORKERS'COMPENSATION For purposes of integration with the SDI program, all full time employees' schedules will be converted to 8-hour/5-day weekly work schedules during the period of integration. The formula for full time employees' sick leave integration charges is shown below: L S-D)= S]x8 S = Employee Base Monthly Salary H = Estimated Highest Quarter(3-mos) Earnings [H = S x 3] W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table C = Calendar Days in each Month D = Estimated Monthly SDI Benefit [D = (W -7)x C] L = Sick Leave Charged per Day Permanent part-time, permanent-intermittent employees, and those full time employees working a light/limited duty reduced schedule program shall have their sick leave integration adjusted accordingly. 16.4 Definition. "Base Monthly Salary" for purposes of sick leave integration is defined as the salary amount for the employee's step on the salary schedule for the employee's permanent classification as shown in the "Salary" field on the On-Line Payroll Time Reporting System used by departments for payroll reporting purposes. 16.5 Conversion to the New SDI Program. For all employees receiving SDI benefits prior to July 1, 1994, conversion to the new SDI program operated by departmental payroll staff will be coordinated by the Human Resources Department, Benefits Division. All employee SDI benefit checks received in the Human Resources Department and signed over to the County by June 30, 1994,will be deposited and used to buy back the employee's sick leave, with sick leave credits appearing on the July 10th pay warrants insofar as possible. All Employee SDI benefit checks received, but not signed over to the County, by June 30, 1994, will be returned to the employee. All employee SDI benefit checks received after June 30, 1994, will be returned to the employee. In both these situations, no sick leave buy back will be made, regardless of the calendar period to which the benefit checks pertain. Program transfer to departmental payroll staff will be effective July 1, 1994 for the month of July with the first computation of SDI benefits and integration with sick leave under the new program made on the August 10, 1994 pay warrants covering the July 1994 payroll period. SECTION 17 -WORKERS' COMPENSATION A permanent non-safety employee shall continue to receive the appropriate percent of regular monthly salary for all accepted claims filed before January 1, 2000. For all accepted claims filed with the County on or after January 1, 2000, the percentage of pay for employees entitled to Workers' Compensation shall be decreased from eighty-seven percent (87%) to eighty-six percent (86%). For all accepted claims filed with the County on or after January 1, 2007, the percentage of regular monthly salary for employees entitled to Workers' Compensation shall be decreased from eighty-six percent (86%) to eighty percent (80%). For all accepted claims filed with the County on or after January 1, 2008, the percentage of regular monthly salary for employees entitled to Workers' Compensation shall be decreased from eighty percent (80%) to seventy-five percent (75%). If.Workers' Compensation becomes taxable, the County agrees to restore the original benefit level (100% of monthly salary) and the parties shall meet and confer with respect to funding the increased cost. AFSCME Local 512 - 37 - 2005-2008 MOU SECTION 17- WORKERS'COMPENSATION A. Waitinq Period. There is a three (3) 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 date of injury, the waiting period will be the first three (3) calendar days the employee does not work as a result of the injury. The time the employee is scheduled to work during this waiting period will be charged to the employee's sick leave and/or vacation accruals: In order to qualify for Workers' Compensation the employee must be under the care of a physician. Temporary compensation is payable on.the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds fourteen (14) days. B. Continuing Pay. Permanent employees shall continue to receive the appropriate percentage as outlined above of their regular monthly salary during any period of compensable temporary disability not to exceed one year. Payment of continuing pay and/or temporary disability compensation shall be made in accordance with Part 2, Article 3 of the Workers' Compensation Laws of California. "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 Part 2, Article 3 of the Workers' Compensation Laws of California.'. When any disability becomes medically permanent and stationary and/or„ maximum medical improvement, the salary provided in this Section shall terminate. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which continuing pay is received. The County contribution to the employee's group medical plan shall continue during any period of compensable temporary disability absence. Employees shall be entitled to a maximum of one (1) year of continuing pay benefits for any one (1) injury or illness. C. Continuing pay begins at the same time that temporary Workers' Compensation benefits commence and continues until either the member is declared medically permanent/stationary and/or reaches maximum medical improvement, or until one (1) year of continuing pay, whichever comes first, provided the employee remains in an active employed status. Continuing pay is automatically terminated on the date an employee is separated from County service by resignation, retirement, layoff, or the employee is no longer employed by the County. In these instances, employees will be paid Workers' Compensation benefits as prescribed by Workers' Compensation laws. All continuing pay will be cleared through the County Administrator's.Office, Risk Management Division. Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working hours the employee shall be allowed time off up to three (3) hours for such treatment without loss of pay or benefits provided the employee notifies his supervisor of the appointment at least three (3) working days prior to the appointment or as soon as the employee aware the appointment has been made. 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. AFSCME Local 512 . 38 - 2005-2008 MOU SECTION 18 - LEAVE OF ABSENCE D. Applicable Pay Beyond One Year. If an injured employee remains eligible for temporary disability beyond one (1) year, applicable salary will continue by integrating sick leaveand/or vacation accruals with Workers' Compensation benefits. If salary integration is no longer available, Workers' Compensation benefits will be paid directly to the employee as prescribed by Workers' Compensation laws. E. Rehabilitation Integration. An injured employee who is eligible for Workers' Compensation Rehabilitation Temporary Disability benefits and whose disability is medically permanent and stationary and/or reaches maximum medical improvement, will continue to receive applicable salary by integrating sick leave and/or vacation accruals with Workers' Compensation Rehabilitation Temporary Disability benefits until those accruals are exhausted. Thereafter, the Rehabilitation Temporary Disability benefits will be paid directly to the employee. F. Health Insurance. The County contribution to the employee's group insurance plan(s) continues during the continuing pay period and during integration of sick leave or vacation with Workers' Compensation benefits. G. Method of Integration. An employee's sick leave and/or vacation charges shall be calculated as follows: C = 8 [1 - (W = S)]. C = Sick leave or vacation charge per day (in hours) W = Statutory Workers' Compensation for a month S = Monthly salary SECTION 18 - LEAVE OF ABSENCE 18.1 Leave Without Pay. Any employee who has permanent status may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions, and family care shall be granted in accordance with applicable State and Federal law. 18.2 General Administration --Leaves of Absence. Requests for leave without pay shall be made upon forms prescribed by the Director of Human Resources and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1. Illness, disability, or serious health condition; 2. pregnancy or pregnancy disability; 3. family care; 4. to take a course of study such as will increase the employee's usefulness on return to the position; 5. for other reasons or circumstances acceptable to the appointing authority. AFSCME Local 512 - 39 - 2005-2008 MOU SECTION 18 - LEAVE OF ABSENCE B. An employee must request family care leave at least thirty`,(30) days before the leave is to begin if the need for the leave is foreseeable. If the need is not foreseeable, the employee must provide written notice to the employer within five (5)days of learning of the event by which the need for family care.leave.arises. C. A leave without pay may be for a period not to.exceed one (1) year, provided the appointing authority may extend such leave for additional periods. The procedure in granting extensions shall be the same as that in granting the original leave, provided that the request for extension must be made not`"later than thirty (30) calendar days before the expiration of the original leave. D. Nevertheless, a leave of absence for the employee's serious health condition or for family care (FMLA) shall be granted to an employee who so requests it for up to eighteen (18) weeks during a "rolling" twelve (12) month period measured backward from the date the employee uses his/her FMLA''leave in accordance with Section 18.5 below. E. Whenever an employee who has been granted a leave without pay desires to return before the expiration of such leave, the employee shall submit a request to the appointing authority in writing at least fifteen, (15) days.in advance of the . proposed return. Early return is subject to prior approval by the appointing authority. The Human Resources Department shall be notified promptly of such return. 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 on granting or denying leave or early return from leave shall be subject to appeal to the Human Resources Director and not subject to appeal through the grievance procedure set forth in this MOU. 18.3 Furlough Days Without Pay. Subject to the prior written approval of the appointing authority, employees may elect to take furlough days or hours without pay (pre-authorized absence without,pay), up to a maximum of fifteen (15) calendar days for any one period. Longer pre-authorized absences without pay are considered leaves of absence without pay. Employees who take furlough time shall have their compensation for the portion of the month worked computed in accord with Section 5.8 - Compensation for Portion of Month of this MOU. Full time and part-time employees who take furlough time shall have their vacation, sick leave, floating holiday, and any other payroll computed accruals computed as though they, had worked .the furlough time. When computing vacation sick leave, floating holiday, and other accrual credits for employees taking furlough time, this provision shall supersede Section 13.4 —Vacation Accrual During Leave Without Pa1r, Section 14.2 - Credits To and Charges Against Sick Leave,'Section 14.6 — Sick Leave Accrual During Leave Without Pay, and Section 18.1 — Leave Without Pay of this MOU regarding the computation of vacation,sick leave, floating holiday, and other accrual credits as regards furlough time only. For payroll purposes, furlough time (absence without pay with prior authorization of the appointing authority) shall be reported separately from other absences without pay to the Auditor-Controller. The existing Voluntary Time Off program shall be continued for the life of the contract. 18.4 Military Leave. Any employee who is ordered to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof shall be granted a military leave for the period of such service, plus ninety (90) days. Additionally, any employee who volunteers for service during a mobilization under Executive Order of the President or Congress of the United States and/or the State Governor in time of emergency, shall be granted a leave of absence in accordance with applicable Federal or State AFSCME Local 512 -40 - 2005-2008 MOU SECTION 98 - LEAVE OF ABSENCE laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. An employee who has been granted a military leave shall not, by reason of such absence, suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County servicer Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the Director of Human Resources may deem necessary. 18.5 Family Care Leave or Medical Leave. Upon request to the appointing authority, in a "rolling" twelve (12) month period measured backward from the date the employee uses his/her FMLA leave, any employee who has permanent status shall be entitled to at least eighteen (18) weeks leave (less if so requested by the employee)for: a. medical leave of absence for the employee's own serious health condition which makes the employee unable to perform the functions of the employee's position; or b. family care leave of absence without pay for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. 18.6 Certification. The employee may be asked to provide certification of the need for family care leave or medical'leave. Additional period(s) of family care or medical leave may be granted by the appointing authority. 18.7 Intermittent Use of Leave. The eighteen (18) week entitlement may be in broken periods, intermittently on a regular or irregular basis, or may include reduced work schedules depending on the specific circumstances and situations surrounding the request for leave. The eighteen (18)weeks may include use of appropriate available paid leave accruals when accruals are used to maintain pay status, but use of such accruals is not required beyond that specified in Section 18.12 below. When paid leave accruals are used for a medical or family care leave, such time shall be counted as a part of the eighteen (18)week entitlement. 18.8 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 an aggregate for both employees together of eighteen (18) weeks during a "rolling" twelve (12) month period measured backward from the date the employee uses his/her FMLA leave. Employees requesting family care leave are required to advise their appointing authority(ies)when their spouse is also employed by the County. 18.9 Definitions. For medical and family care leaves of absence under this section, the following definitions apply: a. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child who is under eighteen (18) years of age for whom an employee stands in AFSCME Local 512 - 41 - 2005-2008 MOU SECTION 18 - LEAVE OF ABSENCE loco parentis or for whom the employee is the guardian or conservator, or an adult dependent child of the employee. b. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian, conservator, or other person standing in loco parentis to a child. C. Souse: A partner in marriage as defined in California Civil Code Section 4100. d. Domestic Partner:�An unmarried person, eighteen (18) years or older, to whom the employee is not related and with whom the employee resides and shares the common necessities of life. e. Serious Health Condition: An illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves either inpatient care in a hospital, hospice or residential health care facility or continuing treatment or continuing supervision by a health care provider (e.g. physician or surgeon) as defined by State and Federal law, f. Certification for Family Care Leave: A written communication to the employer from a health care provider of'a person for whose care the'leave is being taken which need not identify the serious health condition involved, but shall contain:. 1. the date, if known, on which the serious health condition commenced; .2. the probable duration of the condition; 3. an estimate of the amount of time which the employee needs to render care or supervision; 4. a statement that the serious health condition warrants the participation of a family member to provide care during period of treatment or supervision; 5. if for intermittent leave or a reduced work schedule leave, the certification should indicate that the intermittent leave or reduced leave schedule is necessary for the care of the individual or will assist in their recovery, and its expected duration. g. Certification for Medical Leave: A written communication from a health care provider of an employee with a serious health condition or illness to the employer, which need not identify the serious health condition involved, but shall contain: 1. the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. a statement that the employee is unable to perform: the functions of the employee's job; 4. if for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule and its expected duration. AFSCME Local 512 -42 - 2005-2008 MOU SECTION 18 - LEAVE OF ABSENCE h. Comparable Positions: A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave. Ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co-workers, supervisor(s), or other staffing may have changed during an employee's leave. 18.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under Section 14.3.13 - Sick Leave Utilization for Pregnancy Disabilitv, that time will not be considered a part of the eighteen (18)week family care leave period. 18.11 Group Health Plan Coverage. Employees who were members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the County contribution by maintaining their employment in pay status as described in Section 18.12. During the eighteen (18) weeks of an approved medical or family care leave under Section 18.5 above, the County will continue its contribution for such health plan coverage even if accruals are not available for use to maintain pay status as required under Section 18.12. In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain their group health plan coverage, either through payroll deduction or by paying the County directly. 18.12 Leave Without Pay-Use of Accruals. A. All Leaves of Absence. During the first twelve (12) month period of any leave of absence without pay, an employee may elect to maintain pay status each month by using available sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements; in other words, during the first twelve (12) months, a leave of absence without pay may be "broken" into segments and accruals used on a monthly basis at the employee's discretion. After the first twelve (12) months, the leave period may not be "broken" into segments and accruals may not be used, except when required by LTD Benefit Coordination or SDI/Sick Leave Integration under Section 16 — State Disability Insurance or as provided in the sections below. B. Family Care or Medical Leave. During the eighteen (18) weeks of an approved medical or family care leave, if a portion of that leave will be on a leave of absence without pay, the employee will be required to use at least 0.1 hour of sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid Sick Leave), vacation floating holiday, compensatory time off or other accruals or entitlements if such are available, although use of additional accruals is permitted under subsection A. above. C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible employee who files an LTD claim and concurrently takes a leave of absence without pay will be required to use accruals as provided in Section B herein during the eighteen (18) week entitlement period of a medical leave specified above. If an eligible employee continues beyond the eighteen (18) weeks entitlement period on a concurrent leave of absence/LTD claim, the employee may choose to maintain further pay status only as allowed under subsection A. herein. 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. AFSCME Local 512 - 43 - 2005-2008 MOU SECTION 19 -.JURY DUTY AND WITNESS DUTY 18.13 Leave of Absence Replacement and Reinstatement. Any permanent employee who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstate&to a position in that classification and department and then only on the basis of seniority. In case of severance from service by reason of the reinstatement of a permanent employee, the provisions of Section 11 - Seniority, Workforce Reduction, Layoff, & Reassignment Seniority shall apply. 18.14 Leave of Absence Return. In Department of Employment & Human Services an . employee shall have the right to return to the same class, building, and;assignment (position control number).if the return to work is within eighty-nine (89) consecutive days from the initial date the employee started leave of absence. At such time the leave of absence is approved by the Appointing Authority, the Department of. Employment & Human Services shall notify the employee of the final date by which he/she shall return to be assigned to the same position control number.. 18.15 Reinstatement From Family Care Medical Leave. In the case of a family care or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or comparable position if the return to work is after no more than ninety (90) work days of,leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a full schedule is after no more than seven hundred twenty (720) hours, including use of accruals, of intermittent or reduced schedule leave. At the time the original leave is approved, the appointing authority shall notify the employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee on a schedule other than 5/40 shall have the time frame for reinstatement to the same or comparable position adjusted on a pro rata basis. 18.16 Salary Review While on Leave of Absence The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year, shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. 18.17 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or 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. 18.18 Non-Exclusivity. Other MOU language on this subject, not.in conflict, shall remain in effect. SECTION 19 -JURY DUTY AND WITNESS DUTY. 19.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an employee is obligated to report to the court. When called for jury duty, County employees, like other citizens, are expected to discharge their jury duty responsibilities. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. AFSCME Local 51.2 .44 - 2005-2008 MOU SECTION 20— HEALTH, LIFE AND DENTAL CARE If summoned for jury duty in a Superior, or Federal Court, or a Coroners jury, employees may remain in their regular County pay status, or they may take paid leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses paid to them. When an employee is summoned for jury duty selection or is selected as a juror in a Superior or Federal Court, employees may remain in a regular pay status if they waive all fees (other than mileage), regardless of shift assignment and the following shall apply: a. If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where it will be retained as a department record. No "Absence/Overtime Record" is required. b. An employee who elects to retain all fees must take leave (vacation, floating holiday, etc.) 'or leave without pay. No court certificate is required but an "Absence/Overtime Record" must be submitted to the department payroll clerk. Employees are not permitted to engage in any employment regardless of shift assignment or occupation before or after daily jury service that would affect their ability to properly serve as jurors. An employee on short notice standby to report to court, whose job duties make short notice response impossible or impractical, shall be given alternate work assignments for those days to enable them to respond to the court on short notice. When an employee is required to serve on jury duty, the County will adjust that employee's work schedule to coincide with a Monday to Friday schedule for the remainder of their service, unless the employee requests otherwise. Participants in 9/80 or 4/10 work schedules will not receive overtime or compensatory time credit for jury duty on their scheduled days off. Permanent-intermittent employees are entitled to paid jury duty leave only for those days on which they were previously scheduled to work. 19.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to them, other than mileage allowance, or they may take 'vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth in Section 19:1 of this MOU. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Permanent-intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. SECTION 20— HEALTH, LIFE AND DENTAL CARE 20.1 County Programs. The County will continue to offer existing County Group Benefit Programs of medical, dental and life insurance coverage to all permanent employees regularly AFSCME Local 512 - 45 - 2005-2008 MOU SECTION 20— HEALTH, LIFE AND DENTAL CARE scheduled to work"twenty (20) or more hours per week as described in (Exhibit A) of the current agreement between the County and the Labor Coalition. 20.2 Rate Information. The County Benefits Division will make health and dental plan rate information available upon request to employees and departments. In addition, the County Benefits Division will publish and distribute to employees and departments information- about rate changes as they occur during the year. 20.3 Medicare Rates. Corresponding Medicare rates for employees covered under this MOU shall be as follows: for Employee Only on Medicare by taking the Employee Only rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one (1) enrollee; for Employee and Dependent(s) with one (1) member on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one (1) enrollee; for Employee and Dependent(s) with two (2) members on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B` Medicare premium withheld from Social Security payments for two (2) enrollees. 20.4 Partial Month. The County's contribution to'the Health Plan premium is payable for any month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the premium, the employee.must make up the difference by remitting. the amount delinquent to the Auditor-Controller. The responsibility for this payment rests with the employee. If payment is not made, the employee shall be dropped from the health plan. An employee:is thus covered by the health plan for the month in which, compensation is paid. 20.5 Coverage During,Absences. An employee on approved leave shall be allowed to continue his/her health plan coverage at the County group rate for twelve,(12) months provided that the employee shall pay-the entire premium for the Health Plan during said leave. An employee on leave in excess of twelve (12) months may continue health plan coverage by converting to an individual health plan option (if available) or continuing group Icoverage subject to the provisions of the Consolidated Omnibus Budget Reduction Act (COBRA) provided the employee pays the entire cost of coverage, plus any.administrative fees, for the option selected. The entire cost of coverage shall be paid at a time and place specified by the County. Late payment shall result in cancellation of Health Plan coverage with no reinstatement allowed. An employee who terminates County employment may convert to. individual health. plan coverage, if available, or may continue County group health plan coverage to the extent provided under COBRA by making premium payments to the County at a time and place specified by the County. 20.6 Retirement Coverage. Upon retirement, employees may remain in the same County group medical plan if immediately before their retirement they are either active subscribers to one of the County Health Plans or if on authorized leave of absence without pay they have .retained their membership by either continuing to pay their monthly premium to the County by the deadlines established by the County or converting to individual conversion membership from the County plan through the medical plan carrier, if available. All employees hired on or after the date this provision is adopted and implemented by the Board of Supervisors, will be eligible for Retiree Health Coverage pursuant to the terms outlined above, upon completion of fifteen (15) years of service with Contra Costa County. For purposes of retiree-health eligibility, a year of service shall be defined as'one thousand (1,000) hours worked AFSCME Local 512 - 46 . 2005-2008 MOU SECTION 20— HEALTH, LIFE AND DENTAL CARE within an anniversary year. The existing method of crediting service while an employee is on an approved leave of absence will continue during the term of this agreement. 20.7 Dual Coverage. If a husband and wife both work for the County and one of them is laid off, the remaining eligible shall be allowed to enroll or transfer into the health coverage combination of his/her choice. An eligible employee who is no longer covered for medical or dental coverage through a spouse's coverage shall be allowed to enroll or transfer into the health coverage combination of his/her choice within thirty (30) days of the date coverage is no longer afforded under the spouse's plan. 20.8 Health Care Spending Account. The County will offer regular full-time and part-time (20/40 or greater) County employees the option to participate in a Health Care Spending Account (HCSA) Program designed to qualify for tax saving under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre-determined amount of money from their paycheck, not to exceed $3000 per year, for health care expenses not reimbursed by any other health benefits plan before tax dollars. Effective January 1, 2007, this amount shall be increased to $4500 per year. Effective January 1, 2008, this amount shall be increased to $5000 per year. HCSA dollars can be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance can not be recovered by the employee. 20.9 PERS Long Term Care. The County shall deduct and remit monthly premium and eligible lists to the PERS Long Term Care Administrator, at no County administrative cost, for County employees who are eligible and voluntarily elect to purchase long term care through the PERS Long Term Care Program. The County further agrees that County employees interested in purchasing PERS Long Term Care may participate in meetings scheduled by PERS Long Term Care on County facilities during non-work hours. (i.e., coffee breaks, lunch hour). 20.10 Deferred Retirement. Effective two (2) months following an approved agreement, employees who resign and file for a deferred retirement may continue in their County group health and dental plan; the following conditions and limitations'apply: a. Life insurance coverage is not included. b. To be eligible to continue health and dental coverage, the employee must: 1. be qualified for a deferred retirement under the 1937 Retirement Act provisions. 2. be an active member of a County group health and/or dental plan at the time of filing' their deferred retirement application and elect to continue health benefits. 3. be eligible for a monthly allowance from the Retirement System and direct receipt-of a monthly allowance within twenty four (24) months of their application for deferred retirement. 4. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty (30) days before their separation from county service. AFSCME Local 512 -47 - 2005-2008 MOU SECTION 21 -PROBATIONARY PERIOD C. Deferred retirees who elect continued health benefits hereunder may.maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement at their full personal expense, by paying-the full premium for their health and dental coverage on or before the 11th of each month to the Auditor-Controller. When they begin to receive retirement benefits, they will qualify for the same health and/or dental plan coverage and county subvention to which retirees who did not defer retirement,are entitled. d. Deferred retirees who elect continued health benefits hereunder may, elect,not to maintain participation in their county health and/or dental plan during their deferred retirement period; and may instead qualify for the same coverage and county subvention in any County health and/or dental plan when they begin to' receive retirement benefits as retirees who did not defer retirement are entitled; provided reinstatement to a County group health and/or dental plan with county subvention.occurs no sooner than the first of the month following a full three (3) calendar month waiting period after .the commencement of their monthly allowance. e. Eligibility for County subvention will not exist hereunder unless and until the member draws a monthly retirement allowance withinnot more than twenty-four (24) months after separation from County service. f. Deferred retirees are required to meet the same eligibility provisions for health/dental plans as active/retired employees. SECTION 21 - PROBATIONARY PERIOD 21.1 Duration. All appointments from officially promulgated employment lists for original entrance and promotion shall be subject to a probationary period. For original entrance appointments, the probationary period shall be from nine (9) months to two (2)years duration. 21.2 Probation Periods Over Six (6)/Nine (9) Months. Classes represented by the Union which have probation periods in excess of nine (9) months for original entrance appointments and six(6) months for promotional appointments, Appraiser Aide - One (1)year Junior Appraiser- One (1)year 21.3 Revised Probation Period. When the probationary period for a class is changed, only new appointees, to positions in the classification shall be subject to the revised probationary period. 21.4 Criteria. The probationary period shall date from the time of appointment to a permanent position after certification from an eligible list. It shall not include time served under provisional appointment or under appointment to limited term positions or any period of continuous leave of absence without pay or period of work connected disability exceeding fifteen (15) calendar days. ..For those employees appointed to permanent-intermittent positions with a nine (9) month probation period, probation will be considered completed upon serving fifteen hundred (1500) hours after appointment except that in no instance will this period be less than nine (9) calendar months from the beginning of probation. if a permanent-intermittent probationary employee is reassigned to full time, credit toward probation completion in the full time position shall be prorated on the basis of one hundred seventy-three (173) hours per month. AFSCME Local 512 -48 - 2005-2008 MOU SECTION 21 - PROBATIONARY PERIOD 21.5 Resection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. A. Appeal from resection. Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based on political, or religious or Union activities, or race, color, national origin, sex, age, disability or sexual orientation. B. The appeal must be written, must be signed by the employee and set forth in the grounds and facts by which it is claimed that grounds for appeal exist under Subsection A and must be filed through the Director of Human Resources to the Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may have been based on grounds prohibited in Subsection A, it may refer the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If, after hearing, the Merit Board upholds the appeal, it shall direct that the appellant be reinstated in the position and the appellant shall begin a new probationary period unless the Merit Board specifically reinstates the former period. 21.6 Regular Appointment. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the Director of Human Resources receives from the appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee is recommended for permanent appointment. A probationary employee may be rejected at any time during the probation period without regard to the Skelly provisions of this MOU, without notice and without right of appeal or hearing except as provided in Section 21.5.A. If the appointing authority has not returned the probation report, a probationary employee may be rejected from service within a reasonable time after the probation period for failure to pass probation. The appointing authority shall attempt to give a probationary employee five (5) days notice of said rejection. If the appointing authority fails to submit in a timely manner the proper written documents certifying that a probationary employee has served in a satisfactory manner and later acknowledges it was his or her intention to do so, the regular appointment shall begin on the day following the end of the probationary period. Notwithstanding any other provisions of the MOU, an employee rejected during the probation period from a position in the Merit System to which the employee had been promoted or transferred from an eligible list, shall be restored to a position in the department from which the employee was promoted or transferred. An employee dismissed for other than disciplinary reasons within six (6) months after being promoted or transferred from a position in the Merit System to a position not included in the Merit System shall be restored to a position in the classification in the department from which the employee was promoted or transferred. , AFSCME Local 512 - 49 - 2005-2008 MOU SECTION 22 - PROMOTION A probationary employee who has been rejected or has resigned during probation shall not be restored to the eligible list from which the employee was certified unless the employee receives the- affirmative recommendation from the appointing authority and is certified by the Human Resources Director whose decision is final. The Director of Human Resources shall not certify the name of a person restored to the eligible list to the same appointing authority by whom the person was rejected from the same eligible list, unless such.certification is requested in writing by the appointing authority. 21.7 Layoff During Probation. An employee who is laid off during probation, if reemployed in the same class by the same department, shall be required to complete only the balance of the required probation. If reemployed in another department or in another classification, the employee shall serve a full probationary period. An employee appointed to ca permanent position from a layoff or reemployment ,list is subject to a probation period if the position is in a department other. than the department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 21.8 Resection During Probation of Layoff Employee. An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within the period of layoff eligibility. The employee shall begin a new probation period if subsequently certified and appointed in a different department or classification,than that from which the employee was laid off. SECTION 22 - PROMOTION 22.1 Competitive Examination. Promotion shall be by competitive, examination unless otherwise provided in this MOU. 22.2 Promotion Policy. The Director of Human Resources, upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 22.3 Open Exams. If an examination for one of the classes .represented by the Union is proposed to be announced on an open only basis, the Director of Human Resources shall give five (5) days prior notice of such proposed announcement and shall meet at the request of the Union to discuss the reasons for such open announcement. 22.4 Promotion Via Reclassification Without Examination. Notwithstanding other provisions of this Section, an employee.may be promoted from one classification to a higher classification and his/her position reclassified at the request of the appointing authority and under the following conditions: a. An evaluation of the position(s) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. b. The incumbent of the position must have performed at the higher level for one (1) year. C. The incumbent must meet the minimum education and experience requirements for the higher class. d. The action must have approval of the Human Resources Director. AFSCME Local 512 - 50 - 2005-2008 MOU SECTION 23 -TRANSFER .e. The Union approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 22.5 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the Merit System and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. If an employee who is qualified on a promotional employment list is separated from the Merit System, except by layoff, the employee's name shall be removed from the promotional list. 22.6 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of seventy percent (70%) or more, shall receive, in addition to all other credits, five one-hundredths of one percent (.05%) for each completed month of service as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, however, shall receive more than a total of five percent (5%) credit for seniority in any promotional examination. 22.7 Denial Review. If the department denies an employee's request for reclassification, upon request of the Union, the denial will be reviewed by the Human Resources Director and appointing authority and the reasons for denial given to the Union in writing. 22.8 Release Time For Examinations. Permanent employees shall be granted release time from work without loss of pay to take County promotional examinations or take interviews for a County promotional position provided the employee gives the Department sufficient notice of the need for time off. SECTION 23 -TRANSFER 23.1 Transfer Conditions. The following conditions are required in order to qualify for transfer: a. the position shall be in the,same class, or if in a different class shall have been determined by the Director of Human Resources to be appropriate for transfer on the basis of minimum qualifications and qualifying procedure; b. the employee shall have permanent status in the Merit System and shall be in good standing; C. the appointing authority or authorities involved in the transaction shall have indicated their agreement in writing; d. the employee concerned shall have indicated agreement to the change in writing; e. the Director of Human Resources shall have approved the change. Notwithstanding the foregoing, transfer may also be accomplished through the regular appointment procedure provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. AFSCME Local 512 _ 51 - 2005-2008 MOU SECTION 24 - RESIGNATIONS 23.2 Transfer Policy. Any employee or appointing authority who desires to initiate a transfer may inform the' Director of Human Resources in writing of such desire stating the reasons therefore. The Director of Human Resources shall if he or she considers ithat the reasons are adequate _and that the transfer will be for the good of the County service and the parties involved, inform the appointing authority or. authorities concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. 23.3. Transfer Procedure. The County will provide -the Union with a list of administrative/personnel officers of each County department. It is the responsibility of employees to contact County departments and inform them of their desire to transfer. Employees who transfer from one department to another shall serve a three (3) month probationary period. Provisions of this section do not apply to transfers from eligible lists. The Human Resources Director will send a list of employees interested in a transfer to all departments with each certification (referral) from an employment list for a:vacant position. The appointing authority may contact the employees interested in a transferand may choose to interview them in relation to the vacancy. The decision of the appointing authority is final. Upon receipt of the proper documents and in accordance with Sections 23.1 and 23.2, employees will be eligible for transfer upon receipt of approval of the Director of Human Resources. Nothing in this section limits the ability of individuals to express their interest in a transfer without having first made a transfer application or restricts an appointing authority from making a transfer appointment of such an individual. 23.4 Transfer List. The Human Resources Director will send to all departments an updated transfer list on a monthly basis. 23.5 Reassignment of Work Location. Employees desirous of reassignment to a position in the same classification at another work location shall submit a request for. reassignment in writing to the Department Head. When openings occur in various work locations, requests for reassignment will be reviewed with consideration given to various factors including but not limited to distance of employee's residence from desired work location and relative length of service of the applicants for a particular location. The Department Head or designated representative shall make the sole determination as to assignment of personnel, except as otherwise provided in Ithe supplemental sections of this MOU. This provision applies to intradepartmental reassignments only. In no event shall reassignments be utilized for disciplinary purposes. SECTION 24 RESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. Oral resignation„shall be immediately confirmed by the appointing authority in writing to the employee and to the Human Resources Department and shall indicate the effective date of termination. 24.1 . Resignation in Good Standing. A resignation giving the appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 24.2 Constructive Resignation. A constructive.resignation occurs and is effective when: a. An employee has been absent from duty for five (5) consecutive working days without leave, and; AFSCME Local 512 - 52 - 2005-2008 MOU SECTION 25- DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION b. Five (5) more consecutive working days have elapsed without response by the employee after the mailing of a notice of resignation by the appointing authority to the employee at the employee's last known address. 24.3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative either on that date or another date specified. 24.4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority. 24.5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice on the Director of Human Resources and a copy on the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, it shall be revoked and the employee returned to duty effective on the day following the appointing authority's acknowledgment without loss of seniority or pay. C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Director of Human Resources waiving the employee's right of appeal to the Merit Board in favor of the employee's appeal rights under the grievance procedure contained in Section 26 of the MOU beginning with Step 3. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. 24.6 Eligibility for Reemployment. Within one (1) year of resignation in good standing from County service, a person who has had permanent status which included satisfactory completion of probation may make application by letter to the Director of Human Resources for placement on 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 person 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 person resigned recommends reemployment, the Director of Human Resources shall grant reemployment privileges to the person. Consideration of names from a reemployment list is mandatory if the appointing authority recommended reemployment of the individual(s) listed but is optional for other appointing authorities. Names may be removed from reemployment lists in accordance with the provisions of Section 11.2.J of this MOU. SECTION 25 DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION AFSCME Local 512 - 53 . 2005-2008 MOU SECTION 25 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN"PAY, AND DEMOTION 25.1Sufficient Cause for Action. The appointing authority may dismiss, suspend, temporarily reduce the pay of,or demote any employee for cause. A temporary reduction in pay will not exceed five percent (5%) of base pay for a period of three (3) months. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions, and dismissal, suspension, temporary reduction in pay, or demotion may be based on reasons other than those specifically mentioned: a. absence without leave, b. conviction of any criminal act involving moral turpitude, C. conduct tending to bring the merit system into disrepute, d. disorderly or immoral conduct, e. incompetence or inefficiency, f. insubordination, g. being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises, h. neglect of duty, i.e., non-performance of assigned responsibilities, i. negligent orwillful damage to public property or waste of public supplies or equipment, j. violation of any lawful or reasonable regulation or order given by a supervisor or Department Head, k. willful violation of any of the provisions of the merit system ordinance or Personnel Management Regulations, I.. material and intentional misrepresentation or concealment of any fact in connection with obtaining employment, M. misappropriation of County funds or property, n. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this MOU, o. dishonesty or theft, P. excessive or unexcused absenteeism and/or tardiness. q. sexual harassment, including but not limited to unwelcome sexual advances, requests for" sexual favors, and other verbal,.or physical 'conduct "of a sexual nature, when such conduct has the urpose or effect of affecting employment decisions concerning an individual, or unreasonably Interfering with an individual's work performance, or creating an intimidating and hostile working environment. AFSCME Local 512 . 54 . 2005-2008 MOU SECTION 25 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION 25.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before taking a disciplinary action to dismiss, suspend for more than five (5) work days (four (4) work days for employees on 4/10 work week), reduce the pay of or demote an employee, the appointing authority shall cause to be served personally or by certified mail on the employee, a Notice of Proposed Action, which shall contain the following: a. A statement of the action proposed to be taken. b. A copy of the charges; including the acts or omissions and grounds upon which the action is based. C. If it is claimed that the employee has violated a rule or regulation of the County, department or district, a copy of said rule shall be included with the notice. d. A statement that the employee may review and request copies of materials upon which the proposed action is based. e. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. 25.3 Employee Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or during any extension, the right to respond is lost. 25.4 Leave Pending Employee Response. Pending response to a Notice of Proposed Action within the first seven (7) days or extension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 25.5 Length of Suspension. Suspensions without -pay shall not exceed thirty (30) days unless ordered by an arbitrator, an adjustment board or the Merit Board. 25.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or Disciplinary Demotion., A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay of, or demote an employee having permanent status in a position in the merit system, after having complied with the Skelly requirements where applicable, the appointing authority shall make an order in writing stating specifically the causes for the action. B. Service of Order. Said order of dismissal, suspension, temporary reduction in pay, or demotion shall be filed with the Director of Human Resources, showing by whom and the date a copy was served upon the employee to be dismissed, suspended, temporary reduction in pay, or demoted, either personally or by certified mail to the employee's last"known mailing address. The order shall be effective either upon personal service or deposit in the U. S. Postal Service. C. Employee Appeals from Order. The employee may appeal an order of dismissal, suspension; temporary reduction in pay, or demotion either to the Merit Board or through the procedures of Section 26 - Grievance Procedure of this MOU AFSCME Local 512 _ 55 - 2005-2008 MOU SECTION 26'- GRIEVANCE PROCEDURE provided that such.appeal is filed in writing with the Human Resources Director within ten (10) calendar days after service of said order. An employee may not both appeal to the Merit Board and file a grievance under Section 26 of this MOU. 25.7 Weingarten Rights. The County recognizes an employee's right to representation during an investigatory interview or meeting that may result in discipline. The County shall not interfere with the representative's right to assist an employee to clarify the facts during the interview. if the employee requests a union representative, the investigatory interview shall be temporarily recessed for a reasonable period of time until a union representative can be present. For those interviews, which by nature of the incident must take place immediately, the union will take reasonable steps to make a union representative immediately available. The employer shall inform the employee of the general nature of the investigation at the time the employer directs the employee to be interviewed. SECTION 26 -GRIEVANCE PROCEDURE 26.1 Definition and Procedural Steps. A grievance is any dispute, which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. The Union may represent the grievant at any stage of the process. Grievances must be filed within thirty (30) days of the incident or occurrence about which the grievant claims to have a grievance and shall be processed in the following manner: Step 1 Any employee or group of employees who believes that a provision of this MOO has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with _the grievant's immediate supervisor, who shall meet with the grievant within five (5) days of receipt of a written request to hold such meeting. Grievances challenging suspensions, reductions in pay, demotions and terminations'may be.filed at Step 2 within the time frame set forth above. Step 2 If a grievance is'not satisfactorily resolved in Step 1 above, the grievant may submit the grievance..in writing within ten (10) work days to such management official as the Department Head may designate. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied, how misapplication or misinterpretation has affected .the grievant to the grievant's detriment, and the redress the grievant seeks. A copy of each written communication on a grievance shall be filed' with;the Director of Human Resources. The Department Head or his or her designee shall have ten (10) work days in which to respond to the grievance in writing. Step 3 If a grievance is not satisfactorily resolved in Step 2 above, the grievant may appeal in writing within ten (10) work days to the Human Resources Director. The Human Resources Director or designee shall have twenty (20) work days in which to investigate the merit of the complaint and to meet with the Department Head and the grievant and attempt to settle the grievance and respond in writing. Step 4 No grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 3 above and filed within ten (10) work days of the written response of the.Human Resources Director or designee. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, such grievance shall be submitted in writing to an Adjustment!Board comprised of three (3) Union representatives, no more than two (2) of whom shall be either an employee of the County or an elected or appointed official of the Union presenting this grievance, and three (3) representatives of the County, no more than two (2) of whom shall be either an employee of AFSCME Local 512 - 56 . 2005-2008 MOU SECTION 26 - GRIEVANCE PROCEDURE the County or a member of the staff of an organization employed to represent the County in the meeting and conferring process. Where the parties agree, the Adjustment Board may be comprised of two (2) Union representatives and two (2) County representatives. The Adjustment Board shall meet within twenty (20) work days of receipt of the written request and render a decision. If the County fails to meet the time limits specified in'Step 4 and the grievant demands in writing that an Adjustment Board be convened, the County will convene an Adjustment Board within ten (10)work days or the 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 a majority decision, either the grievant or the County may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the grievant and the Human Resources Director. Such request shall be submitted within twenty (20) work days of the rendering of the Adjustment Board decision. Within twenty (20) work days of the request for arbitration the parties shall mutually select an arbitrator who shall render a decision within thirty (30) work days from the date of final submission of the grievance including receipt of the court reporter's transcript and post-hearing briefs, if any. The fees and expenses of the arbitrator and.of the Court Reporter shall be shared equally by the grievant and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any. 26.2 Scope of Adjustment Board and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. B. No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in Subsection 26.1 above. C. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. If the Human Resources Director in pursuance of the procedures outlined in Step 3 above, or the Adjustment Board in pursuance of the provisions of Step 4 above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time. E. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the.County and the Union. 26.3 Time Limits. The time limits specified above may be waived by mutual agreement of the .parties to the grievance. If the County fails to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If a grievant fails to meet the time AFSCME Local 512 - 57 - 2005-2008 MOU limits'specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and withdrawn. 26.4 Union Notification. An official, with whom a formal grievance is filed by a grievant who is included in a unit represented by the Union in the grievance, shall give the Union a copy of the grievance. 26.5 Compensation Complaints. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Human Resources Director. Only complaints which allege that employees are not being compensated in accordance_with the provisions of this MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, if not.detailed in the MOU.which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than six (6),months from the date upon which the complaint was filled. 26.6 Strike/Work Stoppage. During the term of this MOU, the Union, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, sickout, or 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. 26.7 Merit Board. A. All grievances of employees in representation units represented by the Union shall be processed under Section 26 unless the employee elects to apply to the Merit Board on matters within its jurisdiction. B. No action under Steps 3, 4, and 5 of Subsection 26.1 above shall be taken if action on the complaint or grievance has been taken by the,,Merit Board, or if the complaint or grievance is pending before the Merit Board. 26.8 Filing by Union. The Union may file a grievance at Step 3,on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this MOU. 26.9 Disputes Over Existence of Grievance. Disputes over whether a grievance exists as defined in Section 26.1 shall be resolved through the grievance procedure. .26.10 Disgualification From Taking an Exam. If disqualified from taking an examination, an employee may utilize the appeal process specified in the Personnel Management Regulations for employees disqualified from taking an examination. SECTION 27 -BILINGUAL PAY A salary differential of eighty dollars ($80.00) per month shall be paid incumbents of positions requiring bilingual proficiency as designated by the appointing authority and Director of Human Resources. Said differential shall be paid to eligible employees in paid status for any portion of a AFSCME Local 512 -58 - 2005-2008 MOU SECTION 28 - RETIREMENT given month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. Employees shall not be required to translate without pay except in emergency situations. Effective January 1, 2007, the current program differential shall be increased to a total of one- hundred dollars ($100.00) per month. SECTION 28 - RETIREMENT 28.1 Contribution. Pursuant to Government Code Section 31581.1, the County will continue to pay fifty (50) percent of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOU, and shall terminate thereafter. Employees shall be responsible for payment of the employees' contribution for the retirement cost of living program as determined by the Board of Retirement of the Contra Costa County Employees' Retirement Association without the County paying any part of the employees share. The County will pay the remaining one-half(1/2) of the retirement cost-of-living program contribution. The wage and retirement benefit provision for safety employees represented by AFSCME Local 512 expire September 30, 2006. 28.2 Tier III. Subject to the enactment of enabling legislation amending the 1937 Employees' Retirement Act to allow such election, the County will permit certain Tier 11 employees to elect a Tier III Retirement Plan under the following conditions: a. The County and the Labor Coalition must agree on the wording of the legislation and both parties must support the legislation. b. Except for disability, all benefit rights, eligibility for and amounts of all other benefit entitlements for Tier III, from and after the date of implementation, shall be the same as Tier I. The disability benefits for Tier III shall be the same as the current Tier II disability provisions. C. 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. d. Employees represented by the Labor Coalition and its member employee organizations (herein referred to as 'Labor Coalition') enrolled in Tier II who have attained five (5) years of retirement credited service as of the effective date of the enabling legislation shall have a six (6) month period after such date to make a one time irrevocable election of the Tier III Retirement Plan expressed herein subject to action by the Board of Supervisors to implement the Plan. Thereafter, employees represented by the Labor Coalition enrolled in Tier II who have attained five (5) years of retirement credited service shall have a ninety (90) day period to make a one time irrevocable election of the Tier III Retirement Plan expressed herein. e. 1. The County's employer contributions and subvention of employee contributions for Labor Coalition employees electing Tier III which exceed those which would be required for Tier II membership shall: a. be funded by reducing the general wage increase agreed upon to be effective October 1, 1997, and the pay equity amounts attributable thereto, by a percentage sufficient to reduce the AFSCME Local 512 - 59 - 2005-2008 MOU SECTION 28 -RETIREMENT County's wage obligation by three ($3) million;dollars per year; and the general wage increase of all employees, represented by the Labor Coalition shall be reduced accordingly; and b. in the event the County's costs attributable to the creation and operation of Tier III exceed $3 million per 'year or the County Employees' Retirement Association's actuaries determine in future years that the County's retirement costs have increased and that the increase is attributable to the creation of Tier III and/or the impact of Tier III on the County's retirement costs, such increase shall be funded by reducing the general wage increase(s) agreed upon in future years, and the pay equity amounts attributable thereto., to the extent that future wage increases are granted; and the general wage increase(s).of all employees represented by the Labor Coalition shall.be reduced accordingly; and . C. in the -event the. County's costs attributable to the Tier III Retirement Plan are less than three (3) million dollars per year, the difference shall be divided by twelve (12) and each twelfth shall be augmented by an amount equal to the County's.common pooled fund interest which would have accrued if one twelfth had been invested in the first month of the past year, two twelfths in the second month of the past year and so forth; and d. any savings to the County resulting from the creation and operation of Tier III shall be used to offset future County retirement cost increases attributable to the creation and operation of Tier III; and e. County savings shall be held in an account by the Auditor- Controller which is invested in the County's common pooled fund and will accrue interest accordingly. The County will report yearly to the Labor Coalition on a) the beginning account balance, b) the interest earned, c) expenditures from the account to cover increased costs resulting from the Tier'111 Retirement Plan, and d) the ending account balance. 2. 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. 3. Subject to the provisions expressed ,above, any and all additional employer and County-paid employee contributions which exceed the sum of the County's legally required contributions under Tier II shall be recovered by reducing general wage increasesto the employees represented by the Labor Coalition. 4.. Any: disputes regarding cost or savings shall be subject to binding arbitration upon demand of the Labor Coalition or the County. f. 1. The enabling legislation shall provide that the Tier III',Retirement Plan may be implemented only by an ordinance enacted by the Board of Supervisors. AFSCME Local 512 - 60 ., 2005-2008 MOU SECTION 28 - RETIREMENT 2. Board of Supervisors' action to implement the Tier III Retirement Plan shall be taken not earlier than seven (7) months after the effective date of the legislation plus thirty (30) days after an actuarial report on the County cost of the Plan is received by the County, provided that before enactment of the ordinance, the Labor Coalition has not notified the County in writing that a one percent (1%) wage increase shall be implemented by the County effective October 1, 1997, without - interest, in lieu of implementation of the Tier III Retirement Plan. g. The establishment of the Tier III Retirement Plan pursuant to the terms of this Memorandum of Understanding shall be subject to approval by the Board of Retirement of the Contra Costa County Employees' Retirement Association. h. In the event the County is prevented from implementing the Tier III Retirement Plan for any reason on or before the termination date of this MOU, the agreement of the parties regarding a Tier III Retirement Plan shall expire and a one percent (11%) dump sum wage increase shall be implemented by the County within sixty (60) days after the determination that Tier III cannot be implemented or as soon thereafter as practicable for the period covering October 1, 1997 through such termination date, without interest, in lieu of the Tier III Retirement Plan. Effective October 1, 2002, Tier 2 of the retirement plan shall be eliminated and all employees in Tier 2 of the retirement plan shall be placed in Tier 3. Employees in Tier 2 with ten (10) or more years of County/District service, will be eligible to participate in the County's buy back program. Employees may replace Tier 2 benefits with Tier 3 benefits as follows: 1. Employee buys back two (2) years, County will buy back one (1) year for a total of three (3) years of buyback. 2. Employee buys back four (4) years, County will buy back two (2) years for a total of six (6) years of buyback. 3. Employee buys back six (6) years, County will buy back three (3) years for a total of nine (9) years of buyback. 28.3 Safety Employees Retirement— Re-Opener A. For County employees who are covered by this agreement and are safety members of CCCERA, the retirement formula shall be "3 percent at 50". The cost of living adjustment (COLA)to the retirement allowance shall not exceed three (3) percent per year. The employee's final compensation shall be calculated based on a twelve (12) month salary average. Each such employee shall pay nine (9) percent of his or her retirement base to pay part of the employer's contribution for the cost of this retirement benefit. B. The County and the Union agree to reopen the agreement to meet and confer no later than March 31, 2008 on 1) the possible implementation of new retirement tiers for current and new safety employees; and 2) the percentage a safety employee would pay of his or her retirement base to pay part of the employer's contribution for the cost of each tier. Any changes in these two subject matter areas will occur only upon the written mutual agreement of the parties. AFSCME Local 512 - 61 - 2005-2008 MOU SECTION 29 - REIMBURSEMENT SECTION 29 -REIMBURSEMENT 29.1 Training Reimbursement. The County Administrative Bulletin on Training shall govern reimbursement for training and shall limit reimbursement for career development training to seven hundred 'fifty dollars ($750) per fiscal year, except as otherwise provided in the supplemental sections of this MOU. Reimbursement under the above limits for the costs of books for career development training shall be allowable. Registration and tuition fees for career development education may be reimbursed for up to fifty percent (50%) of the employee's net cost. Books necessary for courses taken for career development education may be reimbursed for up to one hundred percent (100%) of the employee's net cost. 29.2 Personal Property Reimbursement. The loss or damage to personal property of employees is subject to reimbursement under the following conditions: a. The loss or damage must result,from an event which is not normally encountered or anticipated on the job and which is not subject to the control of the employee. b. Ordinary wear and tear of personal-property-used on the job is not compensated. C. Employee tools or equipment provided without the express approval of the department head and automobiles are excluded from reimbursement. d. The loss or damage must have occurred in the line of duty. e. The loss or damage was not a result of negligence or lack of proper care by the employee. f. The personal property was necessarily wom or carried by the employee in order to adequately fulfill the duties and requirements of the job. g- The loss or damage to employees' eyeglasses, dentures; or other prosthetic devices did not occur simultaneously with a job connected injury covered by Worker's Compensation. h. The amount of reimbursement shall be limited to the actual cost to repair damages. Reimbursement for items damaged beyond repair shall be limited to the actual value of the item at the time of loss or damage but not more than the original cost. i. The burden of proof of loss rests with the employee. j. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation for Loss or Damage to the Personal Property. 29.3 Reimbursement For Meals. Employees shall be reimbursed for meal expenses under the following circumstances and in the amount specified in the Administrative Bulletin on expense reimbursement when: a. The employee .is required by his/her Department,Head to attend a meeting concerning County business or County affairs. AFSCME Local 512 - 62 - 2005-2008 MOU SECTION 30 - CLASSIFICATION b. The employee is required to be out of his/her regular or normal work area during a meal hour because of a particular work assignment. C. The employee is required to stay over to attend consecutive or continuing afternoon and night sessions of a board or commission. d. The employee is required to incur expenses as host for official guests of the County, work as members of examining boards, official visitors, speakers or honored guests at banquets or other official functions. e. The employee is required to work three (3) or more hours of overtime, or the employee is scheduled to work overtime with less than twenty-four (24) hours notice; in this case he or she may be reimbursed in accordance with the Administrative Bulletin on Expense Reimbursement. Meal costs will be reimbursed only when eaten away from home or away from the facility in the case of employees at twenty-four(24) hour institutions. SECTION 30 -CLASSIFICATION Existing classes of positions may be abolished or changed and new classes may be added to the classification plan by the Director of Human Resources subject to approval by the Board of Supervisors. The County will meet and confer with the Union on the minimum qualifications and salary of new classes. If the County wishes to add duties to classes represented by the Union, the Union shall be notified, and upon request of Union representatives of the County, will meet and consult with the Union over such duties. SECTION 31 -SAFETY AND SAFETY EQUIPMENT REIMBURSEMENT The County shall expend every effort to see to it that the work performed under the terms and conditions of this MOU is performed with a maximum degree of safety consistent with the requirement to conduct efficient operations. The Union may recommend safety guidelines, regulations, training programs 'and necessary corrective actions concerning conditions associated with the work environment. Representatives of the Union may want to discuss with certain Department Heads the participation of the employees it represents on existing departmental safety committees. If a Department Head-agrees, the Union may designate a representative to participate in any established Safety Committee. Departments without a Safety Committee shall establish a committee within ninety (90) days of the effective date of this agreement. The Union shall appoint all labor representatives to the Committee. All Safety Committees shall schedule their meetings. An employee designated by the Union may participate on each of the established district safety committees within the Department of Employment& Human Services. 31.1 VDT Users Eve Examination. The County agrees to provide all classes in the Clerical Supervisory Unit and the Social Services Staff Specialists Unit an annual eye examination on County time at County expense provided that the employee regularly uses a video display terminal at least an average of two (2) hours per day as certified by their department. Employees certified for examination under this program must process their request through the Employee Benefits Division of the County Human Resources Department. Should prescription AFSCME Local 512 - 63 - 2005-2008 MOU SECTION 32 - MILEAGE VDT eyeglasses be prescribed for the employee-following the examination, the County agrees to provide, at no cost, the basic coverage which includes a ten dollar ($10) frame and single vision lenses. Employees may, through individual,arrangement. between the employee and their doctor and solely at the employee's expense, include bifocal, trifocal or blended lenses and other care, services or materials not covered by ,the Plan. The basic plan coverage, including the examination, may be credited-toward the employee-enhanced benefit. 31.2 Safety Shoe & Safety Eyeglass Reimbursement. The County shall reimburse employees for safety shoes and prescription safety eyeglasses in those classifications the County has determined eligible for such reimbursement. For each two (2) year period starting January 1, 1994,,eligible employees will be allowed reimbursement for the purchase and repair of safety shoes up to a maximum of one hundred sixty dollars ($160). There is no limitation on the number of shoes or number of repairs allowed other than the amount allowed. The County will reimburse eligible employees for up to one (1) pair per year of prescription safety, eyeglasses which are approved by the County and are obtained from such establishment as required by County. SECTION 32 -MILEAGE The mileage allowance for use of personal vehicles on County business shall be paid according to the rates allowed by the Internal Revenue Service shall be adjusted to reflect changes in this rate on .the date it becomes effective or the first of the month following announcement of the changed rate by the Internal Revenue Service, whichever is later. Mileage from an employee's home to the normal work location is not reimbursable. The normal work location is the location to which an employee is regularly assigned. An employee with more than one (1) normal work location shall be reimbursed for the mileage traveled.in the same work day between those work locations. When an employee is temporarily reassigned to a different work location, mileage will be reimbursed in excess.of the normal mileage between the employee's home:,and the regular work location. SECTION 33 -STAGGERED WORK SCHEDULE The Department of Employment & Human Services shall continue to operate a staggered work schedule plan. Office hours shall remain open to the public from 8:00 a.m. to.5:00 p:m., Monday through Friday. Permanent full time employees shall have the option to select, subject to prior approval of the department, an eight (8) hour day, forty (40) hour workweek schedule consisting of work hours which may be other than the normal 8:00 a.m. to 5:00 p.m. or 4:30 p.m. work schedule. The following shall serve as the basic criteria for the staggered shift: a. All employees must be present at their office or otherwise engaged in the,duties of their position during the core hours of 10:00 a.m. and 3:30 p.m. b. Work-schedules must remain within the hours of 7:00 a.m. and 7:00 p.m. C. The selected staggered work schedule shall consist of the same hours of work each day except for when a schedule including one varying eight hour workday is AFSCME Local 5112 , - 64 - 2005-2008 MOU SECTION 34 - MEAL PERIODS necessary to provide officer of the day coverage or for other specific circumstances in which the department determines that such a varying schedule is appropriate. The decision of the department head or designee shall be final. d. Each employee's proposed staggered schedule must be submitted in writing and approved by the Department Head or designee prior to implementation. e. Changes in staggered schedules shall be requested in writing and must have the approval of the Department Head or designee prior to implementation. f. Conflicting requests for schedules shall be resolved by the Department Head or designee whose decision shall be final. g. It is understood that an individual employee's schedule may be changed due to the needs of the department. h. In the event this staggered scheduling provision is found by the department to be inconsistent with the needs of the department, the department shall so advise representatives of the Union and the County and the Union shall meet and confer in an attempt to resolve the inconsistency. SECTION 34-MEAL PERIODS Representatives of the Union may discuss varying meal periods (e.g. one-half (1/2) hour versus a one (1) hour meal period), with designated Department Representatives. Any change in the meal period agreed to by the Union and Department must have final approval from the Department Head. SECTION 35 - PERFORMANCE EVALUATION In those instances when there is a written performance evaluation of an employee and the employee is requested to sign the evaluation, the employee shall receive a copy of the evaluation if he/she so requests. SECTION 36 - DISCIPLINARY ACTIONS If the employee so requests in writing, a copy of any written disciplinary action affecting an employee shall be furnished to the Union. SECTION 37 - PERSONNEL FILES Employees shall have the right to inspect and review any official record(s) relating to his or her performance as an employee or to a grievance concerning the employee which is kept or maintained by the County in the employee's personnel file in the Human Resources Department. The employee's union representative, with written authorization by the employee, shall also have the right to inspect and review any official record(s) described above. The contents of such records shall be made available to the employee and/or the employee's union representative for inspection and review at reasonable intervals during the regular business hours of the County. Copies of written reprimands or memoranda pertaining to an employee's unsatisfactory performance which are to be placed in the employee's personnel file shall be given to the employee who shall have the right to respond in writing to said documents. Derogatory material in an employee's personnel file (such as warning letters) over two (2) years old will not be used in a subsequent disciplinary action unless directly related to the action upon AFSCME Local 512 - 65 - 2005-2008 MOU SECTION 38 - SERVICE AWARDS which the discipline is taken. Derogatory material does not include prior suspensions, demotions or dismissals for cause. The County shall provide an opportunity for the employee to respond in writing to any information which is in the employee's personnel file about which he or she disagrees.'Such response shall become a permanent part of the employee's personnel record. The employee shall be responsible for providing the written responses to be included as part of the employee's permanent personnel record. This section does not apply to the records of an employee relating to the investigation of a possible criminal offense, medical records and information or letters of reference. Employees have the right to review their official personnel files which are maintained in the Human Resources Department or by their department during their work hours. For those employees whose work hours do not coincide with the County's business hours, management shall provide a copy of the employee's personnel file for their review. The custodian of records will certify that the copy is a true and correct copy of.the original file. In a case involving a grievance or disciplinary action, the employee's designated representative may also review his/her personnel file with specific written authorization from the employee. SECTION 38 -SERVICE AWARDS The County shall continue its present policy with respect to service awards including time off; provided, however, that the type of award given shall be at the sole discretion of the County. The following procedures shall apply with respect to service awards: a. Presentation Before the Board of Supervisors. An employee with twenty (20) or more years of service may go before the Board of Supervisors to receive his/her Service Award. When requested by a department, the Human Resources Department will make arrangements,for the presentation ceremony before the Board of Supervisors and notify the department as to the time and date of the Board meeting. b. Service Award Day Off. Employees with fifteen (15) or more years of service are entitled to take a day off with pay at each five (5) year anniversary. SECTION 39 - REASSIGNMENTS 39.1 Request for Reassignment. The Department of Employment & Human Services shall continue the vacancy information system which lists vacant positions which the department has determined will be filled by intradepartmental reassignment. Positions shall be listed for five (5) working days in department offices prior to filling the position. Permanent full time employees desirous of reassignment to a position in the same classification at another work location should submit a request in writing to the Department of Employment & Human Services personnel office. Such request will stay in effect for ninety (90) days 'from the date it is submitted. When it is determined that a vacant position may be filled by intradepartmental transfer, the department will determine from which district the transfer may be made.based upon the amount and nature of work, and the names of people from that/those district(s) in the appropriate classification who have indicated a desire to transfer to that location will be submitted to the supervisor who will make a selection. In the event three (3) names are not available through this process, then the gaining supervisor may request additional names from the reemployment/eligible list. AFSCME Local 512 - 66 . 2005-2008 MOU SECTION 40 - UNFAIR LABOR PRACTICE 39.2 Involuntary Reassignments. In the event an involuntary reassignment must be made, the Department of Employment& Human Services will determine the building from which the employee will be reassigned, based on workload statistics. The least senior employee in that building in the appropriate classification will be transferred. If a vacancy occurs in the same class and in the same geographic area from which an employee was involuntarily reassigned, the Department shall offer the position to the employee who was involuntarily reassigned. If the employee declines the offer, he/she will not be considered for any future vacancies in that geographic area except as provided in Section 39.1 above. For the purposes of this Section, geographic areas shall be defined as West County, Central County and East County. 39.3 Social Service Staff Specialists Unit. S.S. Program Analysts, S.S. Information Systems Analysts and S.S. Sr. Information Systems Analysts and S.S. Staff Development Specialists (hereinafter referred to as Analysts) in this unit, shall have the opportunity to express their desire for reassignments to a position in the same classification at any time in accordance with Section 23.5 — Departmental Transfer Agreements. Analysts shall be notified of positions vacant and eligible to be filled via memo at their work site. The Department shall interview all interested Analysts in that classification who have responded to the vacancy notification. Selection of Analysts for reassignment to vacant positions will be reviewed with consideration given to various factors including but not limited to: experience or demonstrated skill appropriate to the position sought; any previous involuntary reassignments; seniority within the classification; operational and programmatic needs of the Department; location of the work assignment relative to the Analyst's place of residence. The Department Head or designated representative shall make the sole determination as to reassignment of personnel. In the event of an involuntary reassignment, the number of times an Analyst has been involuntarily reassigned shall be considered so as to prevent any Analyst from being involuntarily reassigned more than once in any twelve (12) month period. Analysts involuntarily reassigned will be given priority consideration to return to the assignment and location from which they were reassigned should that vacancy occur and it is determined that the position is to be refilled. SECTION 40 - UNFAIR LABOR PRACTICE Either the County or the Union may file an unfair labor practice as defined'in Chapter 34-22 of Board Resolution No. 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties, may be heard by a mutually agreed upon impartial third party. SECTION 41 - LENGTH OF SERVICE DEFINITION FOR SERVICE AWARDS AND VACATION ACCRUALS 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 reemployed in a permanent County position or is reemployed in a permanent County position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation. The Director of Human Resources shall determine these matters based on the employee status records in his/her department. AFSCME Local 512 - 67 - 2005-2008 MOU SECTION 42 - PERMANENT PART-TIME EMPLOYEE BENEFITS SECTION 42 - PERMANENT PART-TIME EMPLOYEE BENEFITS Permanent part-time employees receive prorated vacation and sick leave benefits. They are eligible for health, dental and life insurance benefits at corresponding premium rates providing they work at least fifty percent (50%) of full time. If the employee works at least fifty percent (50%) of full time, County retirement participation is also included. SECTION 43 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. SECTION 44- PERMANENT-INTERMITTENT HEALTH PLAN A permanent-intermittent employee represented by the Union may participate in the County Group Health Plan 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. Effective one hundred and twenty (120) days after all Coalition Employee Organizations have signed their respective Letters of Understanding, the following benefit program shall be offered to permanent-intermittent employees: . a. Program. The County shall offer CCHP Plan A-2 at the subvention rate of sixty- four percent (64%) of the cost of the premium for a single individual, to those 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 month. In order to maintain eligibility, a permanent-intermittent employee must remain in paid status during each successive month. C. Pre-Pay. Employees who have achieved eligibility under the terms of 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 meet the eligibility requirements and who have been voluntarily paying for a county group health program shall be allowed to enroll in CCHP Plan A-2 without a waiting period. d. Family Coverage. Employees may elect to purchase at their own expense, family coverage, including domestic partner, and shall follow the procedures outlined in C. above for payment for this optional coverage. e. Implementation.,There shall be a sixty (60) day Open Enrollment period with the initial date of coverage effective August 1, '2000. Subsequent Open Enrollment periods shall be for thirty (30) days and coincide with the open enrollment period for County employees beginning in 2001' Permanent-intermittent employees who are not currently eligible, but who subsequently meet the eligibility requirements, shall be notified of their eligibility and shall have thirty (30) days to decide whether or not to elect coverage under this program. AFSCME Local 512 - 68 . 2005-2008 MOU SECTION 45 - PROVISIONAL EMPLOYEE BENEFITS f. Employees who are temporarily ineligible may purchase, at their own cost, the plan in accordance with the procedures set forth by the Contra Costa County Health Plan. SECTION 45 - PROVISIONAL EMPLOYEE BENEFITS Provisional employees, who are not permanent employees of the County immediately prior to their provisional appointment, are eligible for vacation and sick leave benefits. Provisional employees may participate in the County Group Health Plan of 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. SECTION 46 -WORD PROCESSING/VDT DIFFERENTIALS 46.1 Buyout of Differential. Effective April 1, 1992 all job classes in the Clerical Supervisory Unit and the Social Service Staff Specialist Unit will be increased to the closest salary range available that is fifty dollars ($50) higher than the current salary range at the mid-point step after the general wage increase of thirty (30) levels is added. Effective May 1, 1992 employees in the above units who were receiving VDT or Word Processing Differential shall no longer receive such differential. 46.2 Continuing Differentials. All job classes in the Income Maintenance, Probation Supervisor and Engineering Technician Units that currently are eligible for VDT or Word Processing Differential shall not have $50.00 added to their salary range. However, employees in these job classes who are receiving either a VDT or Word Processing Differential will continue to receive the differential until such time as they vacate their class. SECTION 47 - ENGINEERING TECHNICIAN SPECIAL ISSUES 47.1 Rotational Advisory Committee. The Public Works Department Engineering Rotational Advisory Committee shall be continued through the term of this MOU. The primary purpose of this Committee shall be to make recommendations to the Public Works Director on an annual basis for rotations of Engineering Technicians. The Committee shall consist of two (2) Engineering Technicians and various designated management representatives. The Engineering Technicians shall be selected by the Union. The Committee may additionally include a representative of the Union if requested by the Engineering Technicians representatives. The Committee may also discuss Engineering Technician rotation procedures and implementation methods, safety and training needs and other related matters. Rotational Advisory Committee modifications: Step 1: Prior to rotation selection the department shall circulate all openings and scheduled rotations that are due to rotate to all Engineering Technicians at the same time the rotation notice is circulated. AFSCME Local 512 - 69 . 2005-2008 MOU SECTION 47- ENGINEERING TECHNICIAN SPECIAL ISSUES Step 2: The two union representatives shall receive copies of the openings and scheduled rotations and the employee's choices. Step 3: The two union representatives shall receive a copy of management's selections. Step 4: If an employee does not receive one of her or his three choices, the union representatives may call a meeting of the joint labor/management Rotation Advisory Committee. . The committee shall meet within five days of the request. Step 5: The joint labor/management Rotation Advisory Committee shall deliberate and shall make a recommendation to the Public Works Director per Section 4.7.1. 47.2 Engineering Technician Bidding Procedure. When a vacant Senior Level position is made available, the Public Works Department shall bid the position in the following manner: a. All Engineering Technicians-Senior Level and qualified Engineering Technicians- Journey Level shall receive a notice of opening. b. "Qualified" means an employee shall meet the minimum qualifications of the Engineering Technician-Senior Level designation. C. The Departmental Final Selection Interview Panel shall include at least the Division or Assistant Division Head. for the Division from where the vacancy occurs and a member of the Administrative Services Division. d. The bid notice shall be posted for a minimum of three (3)work days. e. Selection shall be made from all interested applicants on the basis of merit and qualifications. When a vacant Journey Level position is made available, the Public Works Department shall bid . the position in the following manner: a. All Engineering Tech nicians-Jou mey Level and qualified Engineering Technicians-Entry Level shall receive a notice of opening. b. "Qualified" means an employee shall meet the minimum qualifications of the Engineering Tech nician-Jou mey Level designation. C. The Departmental Final Selection Interview Panel shall include at least the Division or Assistant.Division Head for the Division from where the vacancy occurs and a member of the Administrative Services Division. d. The bid notice shall be posted fora minimum of three (3)work days. e. Selection shall be made from all interested applicants on the basis of merit and qualifications. 47.3 Flexible Work Week. The Public Works Department shall continue a flexible forty (40) hour workweek for Engineering Technicians assigned to the office. Crucial to the continuance of the flexible forty (40) hour workweek will be the impact on service to the public. 47.4 Continuing Education Allowance. Employees in classifications in the Engineering Technician Unit shall be eligible to receive a two and one half (2 Y2%) Continuing Education Allowance effective the first of the month following adoption of the Memorandum of AFSCME Local 512 - 70 - 2005-2008 MOU SECTION 48 - CLASSIFICATION STUDIES Understanding by the Board of Supervisors. The employee must annually complete at least sixty (60) hours of approved education or training or at least three (3) units of department approved college credit or approved combination thereof. SECTION 48 -CLASSIFICATION STUDIES 48.1 Other Clerical Supervisor Positions. The County agrees to review and evaluate as necessary any Clerical Supervisor position where it is alleged that Office Manager duties are performed. SECTION 49 -SHERIFF'S DEPARTMENT SHIFT AND HOLIDAY AGREEMENT The agreement between the Union on behalf of the Clerical Supervisory Unit and the Sheriffs Department concerning shift assignments and holiday coverage in the Services Division shall remain in effect for the duration of this agreement. SECTION 50 -SHERIFF'S NON-SWORN MANAGEMENT UNIT 50.1 Continuing Education Allowance. The County agrees to pay a two and one half percent (2 Y.%) Continuing Education Allowance for the annual completion of at least sixty (60) hours of approved education or training or at least three (3) units of department approved college credit or approved combination thereof in accordance with the following criteria: a. the application must be submitted, in advance to the Sheriffs Department, prior to the fiscal year in which the education or training will occur; b. education or training must be directly related to the technical or management duties of the employees job; C. the course must be reviewed and .approved by the Sheriffs Department Standards and Resources Bureau in advance; d. the employee must show evidence of completion with a passing grade. 50.2 Uniform Allowance. Employees in classifications represented by the Sheriffs Non- Sworn Management Unit identified below will receive a uniform allowance comparable to employees represented by the Deputy Sheriffs Association: Central Identification Bureau Director Detention Services Supervisor Director of Food Services-Detention Facilities Director of Support Services-Detention Facilities Sheriffs Communication Center Director Sheriffs Communications Specialist 50.3 Incorporation into MOU. The County agrees to extend the terms of the MOU to include the Sheriff's Non-Sworn Management Unit except for Sections 7 (Overtime and Compensatory Time), 8 (Call-Back Time) and 9 (On-Call Duty). However, effective January 1, 2000, employees in the classification of Detention Services Supervisor shall be eligible to receive Call-Back Time in accordance with the provisions of Section 8—Call-Back Time. SECTION 51 - PROPERTY APPRAISER UNIT SPECIAL ISSUES AFSCME Local 512 - 71 - 2005-2008 MOU SECTION 51 - PROPERTY APPRAISER UNIT SPECIAL ISSUES 51.1 Mileage. The mileage allowance for use of personal vehicles on County business shall be two cents ($.02) per mile above the Internal Revenue Service base rate. The base rate shall be adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the Internal Revenue Service, whichever is later. Effective January 1, 2000, in lieu of payment of the aforementioned two cents ($.02) per mile, the salaries of classifications in the Property Appraisers Unit shall be'increased by one (1) level. Beginning January 1, 2000, mileage allowance for use of personal vehicles on County business shall be paid according to the rates allowed by the Internal Revenue Service. 51.2 Bridged Service Time. Employees who are rehired and have their service bridged in accordance with the provisions of this MOU shall accrue vacation in accordance with the accrual formula in Section 13,3 0 Vacation Accrual Rates. Prior service time which has been bridged shall count toward longevity accrual. 51.3 Physical Examination. County employees who are required as pare of the promotional examination process to take a physical examination shall do so on County time at County expense. 51.4 Flex-Time. It is understood that Resolution No. 75/1037 pertaining to flex-time may be applied to the Property Appraisers Unit as well as other County employees. Nothing contained in this MOU prohibits the Department Head from implementing a flex-time system for employees in the Property Appraisers Unit. The Department Head, prior to implementation, shall discuss the implementation of any flex-time system involving employees represented by the Union with the Union. Then the Department shall determine if said flex-time is feasible following a trial period and then shall submit the plan to the County Administrator for approval. ;Upon written request to the Labor Relations Manager, the Union may request to meet with the Department Head for the purpose of proposing an alternate flexible work schedule. 51.5 Educational Incentive. Effective January 1, 2007 classes represented by the Union will be entitled to a salary differential of two and one-half percent (2.5%) of base pay or a minimum of fifty dollars ($50) per month, whichever is greater, for possession of a certification for educational achievement from at least one of the following: a. American Institute. of Real Estate Appraisers-Residential Member .(RM) designation; b. State Board of Equalization-Advanced Appraiser certification; C., International Association of Assessing Officers -Residential Evaluation Specialist, (RES); d. Society of Auditor Appraisers - Master Auditor-Appraiser(MAA) designation; e. Society of Real Estate Appraisers - Senior Residential Appraiser (SRA) designation; f. Any other certification approved by the County Assessor and. the Director of Human Resources. 51.6 4/10 Summer Schedule. After the annual assessment rolls have been processed, the Assessor will consider continuation of the annual 4/10 summer schedule, which begins July 1st of each year. AFSCME Local 512 - 72 - 2005-2008 MOU SECTION 52 - MEALS SECTION 52 - MEALS Employees represented by the Union who are employed at the County Hospital and who are required to work on Thanksgiving, Christmas or New Year's will be provided a free meal in the Hospital Cafeteria at no cost to the employee between 6:30 a.m. and 6:30 p.m. only. SECTION 53 -SPECIAL STUDIES/ PROJECTS/ADJUSTMENTS A. The County will conduct a feasibility study during the term of this MOU to ascertain the advantages and/or disadvantages to County employees of providing an Ineligible Deferred Compensation Plan as described in Section 457(f) of the Internal Revenue Code of 1986. B. The Department of Employment & Human Services shall review, on at least a quarterly basis,'the amount and nature of work of individuals in the Income Maintenance Program Unit. As possible within budgetary and operational constraints, the Department will attempt to balance the amount and nature of work of individuals in that Unit. There shall be a meeting between the Department of Employment & Human Services and the Union, as necessary, to review and discuss the existing amount and nature of work, and efforts made and considered to balance that work. Summary minutes shall be kept of the discussions and shall be distributed to committee members prior to the next meeting. C. The Department of Employment & Human Services and representatives of the Income Maintenance Unit of the Union shall meet to begin consideration of the potential impacts future automation could have on the amount and nature of work for this classification. D. Attendance Program. There shall be convened a Labor-Management Committee to develop an attendance program for County employees. E. The County agrees to meet with representatives of Local 512 to discuss performance evaluation on a County-wide basis but not a County-wide performance form. F. Grievance Procedure. Following completion of these negotiations, but no later than November 1, 1996, representatives of the County shall meet and confer.with representatives of the Labor Coalition in order to develop rules and guidelines governing the conduct and administration of Adjustment Boards. G. Bi-Weekly Pay Periods. The County shall present to Labor Coalition a comprehensive proposal for replacement of the current system of monthly pay with a bi-weekly (every other week) pay system. The Labor Coalition agrees to commence meet and confer on those elements in the proposed bi-weekly payroll system which are within the scope of bargaining and/or on the impact of replacing the current monthly pay system with a bi-weekly system. Any implementation of a bi-weekly pay system must be by mutual agreement of the parties. Meet and confer on bi-weekly pay may also include as applicable discussion on (1) the proration of vacation and sick leave accruals for permanent part-time employees and (2) discontinuing the payroll practice of applying a factor of 1.05 AFSCME Local 512 -73 - 2005-2008 MOU SECTION 53 SPECIAL STUDIES/PROJECTS/ADJUSTMENTS when computing the base pay hourly equivalent for full-time and part-time permanent employees for the purpose of compensating shift differential, hazard pay, straight-time overtime and straight-time holiday pay. However, these discussions will not be contingent upon any agreement reached regarding bi- weekly pay. H. Wellness Incentive Program. A broad-based pilot Wellness Incentive Program will be developed with . input from the joint Labor/Management Wellness Committee. The purpose of this program will be to reward County employees with incentives for participating in Wellness Program activities and encourage them to live healthier lifestyles. The Wellness Committee will work closely with the Human Resources Department on program design and implementation. Program Design. The Wellness Incentive Program design will include the development of additional wellness activities to compliment the current Employee Wellness Program schedule and collaboration with health plan carriers to develop special programs and activities for County employees and to encourage participation in their established wellness activities. Special emphasis will be placed on supporting major programs such as: Smoking Cessation, Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings and Health Fairs. Format. A point value system for program participation will be developed wherein each wellness activity and program will be assigned a point value. Points will accumulate and incentive prizes will be awarded to employees upon realizing certain point levels. The value of the prizes will increase with higher point values and one (1) grand prize will be awarded each year to the employee with the highest number of points. Incentives. A series of incentive prizes will be assigned oto certain point values. In addition, recognition. for employee and department participation will be an important aspect of the Wellness Incentive Program. Referral. The parties agree to refer the contents of this proposal to the Wellness Committee for its consideration. I. Child Care. The County will continue to support the concept of non-profit child care facilities similar to the "Kids at Work" program established in the Public Works Department. J. Differentials. The County and the Labor Coalition agree to establish a Labor/Management Committee comprised of five (5) labor and five (5) management employees to study and recommend actions necessary to standardize payment and application of differentials including, but not limited to, proration for less than full-time employees; the length of payment while on paid sick leave or disability and consistency between percent-based vs. flat-payment differentials. K. The County will conduct a classification study of classifications represented by AFSCME Local 512 in the Probation Supervisors Unit. Any increases due as a result of the study shall be retroactive to January 1, 2000. L. Name and Address Changes. On a quarterly basis beginning January 1, 2000, the County will provide to the Union an updated list of employee names and addresses. AFSCME Local 512 - 74 - 2005-2008 MOU SECTION 54 - SPECIAL BENEFITS SECTION 54 -SPECIAL BENEFITS Incumbents in all classes in the Social Service Staff Specialist Unit, Income Maintenance Unit, Clerical Supervisory Unit, Probation Supervisors Unit and Sheriffs Non-Sworn Management Unit are eligible to receive the following benefits: A. Life Insurance. Effective January 1, 2000, $45,000 Group Term Life Insurance will be provided. Premiums for this insurance will be paid by the County with conditions of eligibility to be reviewed annually. Effective January 1, 2000, incumbents in all classes in the Property Appraiser Unit shall be eligible for $45,000 Group Term Life Insurance. Effective January 1, 2007, $10,000 Group Term Life Insurance will be provided to the Engineering Technician Unit. B. LTD. Long-Term Disability Insurance will be provided, with a replacement limit of eighty-five percent (85%) of total monthly base earnings reduced by any deductible benefits. The premium for this Long-Term Disability Insurance will be paid by the County. C. Vacation Buy Back Plan. The County will reimburse up to one-third (1/3) of an employee's annual vacation accrual, subject to the following conditions: (a) the choice can be made only once in each calendar year; (b) payment shall be based on an hourly rate determined by dividing the employee's monthly salary by 173.33; and (c) the maximum number of hours that may be reimbursed in any year is one-third (1/3)of the annual accrual at the time of reimbursement. D. Professional Development. Reimbursement will be provided for up to two hundred dollars ($200) per fiscal year for memberships in professional organizations, subscriptions to professional publications, attendance fees at job- related professional development activities, job-related books, electronic calendars and organizers, and soft and hardware from a standardized County approved list or with Department Head approval, provided each employee complies with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors. Beginning January 1, 2000, employees shall be eligible for reimbursement of up to four hundred dollars ($400) for each two year period. Authorization for individual professional development reimbursement requests shall be made by the Department Head. Reimbursement will occur through the regular demand process with demands being accompanied by proof of payment (copy of invoice or canceled check). E. Longevity Differential. A Longevity Pay Plan will provide a two and one-half percent (2.5%) increase in pay at ten (10) years of County Service. Effective July 1, 2008, the Longevity Pay Plan will be provided to the Engineering Technician Unit and Property Appraiser Unit. F. Paid Personal Leave. Fifty (50) hours of paid personal leave will be provided during a calendar year. Said personal leave is provided to recognize both the fact that these employees do not and will not receive payment for overtime and the unavailability of compensatory time off for this group of employees. G. Deferred Compensation Incentive. Effective January 1, 2007, the County's contribution to eligible employees who participate in the County's Deferred Compensation Plan will be seventy-five dollars ($75.00) per month. To be eligible AFSCME Local 512 - 75 - 2005-2008 MOU SECTION 55 -ADOPTION for this incentive supplement, eligible employees must first contribute a Base Contribution Amount to the Deferred Compensation Plan as follows: Monthly Base Current Contribution Amt. Monthly Qualifying Base for Maintaining Salary Contribution Amt. Program Eligibility 2500 & below 250 50 2501 -3334 500 50 3335 -4167 750 50 4168 -5000 1000 50 5001 -5834 1500 100 5835 -6667 2000 100 6668 & above 2500 100 Employees who meet these Base Contribution Amounts must.contribute at least fifty dollars ($50) or one hundred dollars ($100) per month to remain eligible for the seventy-five dollars ($75.00) County supplement. Employees who discontinue contributions or who contribute less than the required amount per month for a period of one (1) month or more will no longer be eligible for the seventy-five ($75.00) County supplement. To reestablish eligibility, employees must again make a Base Contribution Amount as set forth above based on current monthly salary. Employees with a break in Deferred Compensation Contributions because of an approved medical leave, shall not be required to reestablish eligibility. Employees with a break in deferred compensation contributions because of either an approved medical leave or approved financial hardship withdrawal shall not be required to re-establish eligibility. Further, employees who lose eligibility due to budgetary constraints but maintain contributions at the required level and later return to an eligible position shall not be required to re-establish eligibility. Eligible employees who participated in the Deferred Compensation Plan prior to May 1, 1992 but were not eligible to receive the .County contribution will be given credit towards the qualifying base amount.for contributions made after January 1, 1992. SECTION 55 -ADOPTION The provisions of this MOU shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. SECTION 56 - DURATION OF AGREEMENT This Agreement shall continue in full force and effect from October 1, 2005 to and including September 30, 2008. Said Agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other prior to sixty (60) days from the aforesaid termination date of its intention to amend, modify or terminate the agreement. AFSCME Local 512 -76 - 2005-2008 MOU SECTION 57- SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION SECTION 57 -SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION 57.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this MOU demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. The Union understands and agrees that the County is not obligated to meet and confer regarding wages, hours or conditions of employment during the term of this extended agreement, except as otherwise required by law. 57.2 Separability of Provisions. Should any section, clause or provision of this MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. 57.3 Personnel Management Regulations. Where a specific provision contained in a section of this MOU conflicts with a specific provision contained in a section of the Personnel Management Regulations, the provision of this MOU shall prevail. It is recognized, however, that certain provisions of the Personnel Management Regulations may be supplementary to the provisions of this MOU or deal with matters not within the scope of representation and as such remain in full force and effect. Date: CONTRA COSTA COUNTY AFSCME, LOCAL 512 AFSCME Local 512 - 77 - 2005-2008 MOU Attachments A Side Letter on Reassignments and Vacation Scheduling B Project Positions C Salary Listing D Side Letter on Supervising Forensic Toxicologist Salary E Engineering Technician Series Changes to Deep Class Resolution F Management/Labor Committee G Return to Work Policy ATTACHMENT A ContraPersof . .e1 Department Third Floor, Administration Bldg. Costa 651 Pine Street Martinez, California 94553-1292 County (415) 372-4064 Fbrry D. C6terman Director of Personnel July 9, 1985 Mr, warren Nelson Representative United Clerical Employees, Local 2700, AFSCME 936 Court Street Martinez, CA 94553 Dear Mr. Nelson: This side letter is to confirm agreement that the application of seniority rules for purposes of layoff and departmental seniority issues including but not limited to, reassignment and vacation scheduling, in the Income Maintenance Unit represented by Local 512, AFSC4E will be determined as set forth in Section 12 of the 1983-85 Memorandum of Understanding between Contra Costa County and Professional and Technical Employees, Local 512, AFSCME. If this conforms to your understanding, please sign the original of this side letter and return it to me at your earliest convenience. The copy is for your records � r � Date �' APPROVED AND ACCEPTED ontra Costa County Professio . & Technical Employees, Local 512, AFSCME SM P�15 P.�S cc: Robert Jornlin, Social Service Louise Aiello, Social Service tpme INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER ice= ATTACHMENT B i I r PROJECT POSITIONS Professional and Technical Employees, AFSCME, Local 512 and the County have met and conferred in good faith regarding wages, hours and other terms an(toonditions of employment for employees in project classes which, except for the project designation, would be represented by Professional and Technical Employees, AFSCME, Local 512. For example, Engineering Technician I is represented by Professional and Technical Employees, therefore, it has been agreed that Engineering Technician [-Project will a-so be represented by Professional and Technical Employees. Other project classes that are not readily identifiable as properly included in bargaining units represented by Professional and Technical Employees shall be assigned to bargaining units in accordance with the provisions of Section 34-12.015 of Board Resolution 8111165. The Union and the County understand that the meet and confer process with respect to the conditions of employment for project classifications is unique and, therefore, differs from other regular classes represented by Professional and Technical Employees in the following respects: 1. Project employees are not covered by the Merit System; 2. project employees may be separated from service at any time without regard to the provisions of this Memorandum of Understanding, without right of appeal or hearing or recourse to the grievance procedure speed herein; and 3. any provision of this Memorandum of Understanding which pertains to layoff or seniority are not applicable to project employees. ATTACHMENT C AFSME Local 512 Class & Salary Listing Effective October 1, 2005 Engineerinq Technician Unit Flex Staff Class F / Deep Min Max Code Class Title Class D Salary Salary NSWB BLUEPRINT TECHNICIAN $2,459.42 $2,989.44 NSSA ENGINEERING RECORD TEC SP $3,928.51 $4,775.12 NPSA ENGINEERING RECORDS TECH $3,349.62 $4,071.49 NSTH ENGINEERING TECHNICIAN-ENTRY D-R# 94/508 $3,070.41 $4,129.36 NSTJ ENGINEERING TECHNICIAN-JOURNEY D-R# 94/508 $4,231.75 $4,787.84 NSTK ENGINEERING TECHNICIAN-SENIOR D-R# 94/508 $4,904.46 $5,687.67 N9SC HYDROGRAPHER $4,446.09 $5,404.25 NSTG SR ENGINEERING RECORDS TECH $4,067.03 $4,943.51 N9SD SR HYDROGRAPHER $5,178.46 $6,294.44 Income Maintenance Prociram Unit Flex Staff Class F / Deep Min Max Code Class Title Class D Salary Salary XHHA ELIGIBILITY WORK SUPERVISOR 1 $4,550.23 $5,810.84 XHSA GENERAL ASSISTANCE HEARING REP $4,779:36 $5,809.34 xAHA SOC SVC FRAUD PREV SUPV $5,500.86 $6,686.33 XLHA SOC SVC WELF FRAUD INV SUPV $5,031.88 $6,116.28 Probation Supervisors Unit Flex Staff Class / Deep Min Max code Class Title Class D Sala Sala 7KHA INST SUPERVISOR 1 $5,617.12 $6,827.64 7AHA PROBATION SUPERVISOR 1 $6,104.28 $7,419.79 7AFi2 PROBATION SUPERVISOR I-PROJECT $6,104.28 $7,419.79 AFSME Local 512 Class & Salary Listing Effective October 1, 2005 Property Appraisers Unit Flex Staff Class F 1 Dee Min Max code Class Title Class D Salary Salary DATA ASSOC APPRAISER $5,092.02 $6,189.38 DAVA ASST APPRAISER F $4,269.22 $5,189.26 DAWA JUNIOR APPRAISER F $4,260.77 $4,697.50 Sheriffs Non-Sworn Management Unit Flex Staff Class F / Deep Min Max Code Class Title Class D Salary Salary 64HA DETENTION SVCS SUPERVISOR $3,828.66 $4,653.76 64HG INMATE INDUST ENGRAVE PROG SUP $4,087.22 $4,968.04 64HF INMATE INDUST SUPERVISOR $3,712.93 $4,513.09 64DB MANAGER CENTRAL ID SVCS $6,281.34 $7,635.01 JPN3 PROCESS SUPERVISOR $3,580.73 $4,572.74 64HE RECORDS MANAGER $6,007.61 $7,302.29 PEDG SHERIFF'S CAD/RMS SYSTEMS MNGR $6,207.15 $7,544.83 64NC SHERIFF'S COM CENTER DIRECTOR $6,007.61 $7,302.29 64FF SHERIFF'S DIRECTOR OF FOOD SVC $6,007.61 . $7,302.29 6AFE SHERIFF'S DIRECTOR OF SUP SVCS $6,007.61 $7,302.29 PEDD SHERIFF'S TELECOM TECH MANAGER $6,935.11 $8,429.66 6CHA SUPERVISING FRNSC TOXICOLOGIST $6,839.64 $8,313.62 Social Service Staff Specialist Unit Flex Staff Class F / Dee Min Max Code Class Title Class D Salary Salary XQWD SOC SVC INFO SYST ANALYST F $4,708.90 $5,723.69 XQW7 SOC SVC INFO SYST ANALYST-PRJ F $4,708.90 $5,723.69 X4SH SOC SVC PROGRAM ANALYST $5,219.64 $6,344.50 X4S3 SOC SVC PROGRAM ANALYST-PRJ $5,214.47 $6,338.22 X4SK SOC SVC STAFF DEV SPECIALIST $5,219.64 $6,344.50 X4S4 SOC SVC STAFF DEV SPECIALIST-P $5,214.47 $6,338.22 XQVC . SR SOC SVC INFO SYS ANALYST F $6,331.29 $6,980.25 XQV2 SR SOC SVS INFO SYS ANALYST-P F $6,331.29 $6,980.25 AFSME Local 512 Class & Salary Listing Effective October 1, 2005 Supervisory Clerical Unit Flex Staff Class F / Deep Min Max Code Class Title Class D Salary Salary JDHD ACCOUNT CLERK SUPERVISOR $3,860.57 $4,930.11 VAHB AMBULATORY CARE CLIN COORD $4,324.52 $5,256.49 JWHF CLERICAL.SUPERVISOR $3,674.10 $4,691.98 SMTB COLLECTION ENFORCEMENT SUPV $4,298.91 $5,225.35 NBHA ENGINEERING RECORDS TECH SUPV $4,067.03 $4,943.59 JDHT FAM SUPT PAYMENT DISTR SUPVR $4,928.33 $4,928.33 VCHC HEALTH SVCS APPT SYSTEM COORD $4,324.52 $5,256.49 LTHA INFO SYS ASSISTANT SUPERVISOR $3,735.05 $4,539.98 VQSD M/H QUALITY ASSU/UTIL REV SUPV $4,087.22 $4,968.04 V9HEs PATIENT FINANCIAL SVCS SUPVR $4,152.48 $5,047.37 VITA REGISTERED HEALTH INFO TECH $3,859.11 $4,690.77 SMSA REVENUE COLLECTIONS ADM ASST $3,882.11 $4,718.72 JWHC SUPERVISING ASSESSMENT CLERK $3,645.12 $4,654.96 ATTACHMENT DOntra Human Resources Costa '�'� Department s 0; �.rrJ41EIPi _ County 9 W r~ Administration Building nU SrA�suK�` 651 Pine Street,Third Floor Martinez,CA 94553-1292 (925) 335-1770 Lori Gentles Assistant County Administrator Director of Human Resources Brenda Wood AFSCME Local 512 1900 Embarcadero, #305 Oakland CA 94606-5300 Date: August 3, 2006 RE: Supervisor Forensic Toxicologist/Supervisor Criminalist Dear Ms. Wood: In order to address the issue raised by AFSCME Local 512 regarding the salary of Supervisor Forensic Toxicologist and the Supervisor Criminalist, Contra Costa County is willing to periodically review the salaries. The periodic review will consider not only the salary, but the duties of both positions, as well as the qualifications for each position. It is the intent of Contra Costa County to maintain comparable salary as long as there is no change in the duties, qualifications, and responsibilities of the above classifications. Very truly yours, ?J Ara Management Analyst III Labor Relations Department cc: Lori Gentles, Director Human Resources Francine Cronin, Assistant Director, Human Resources File ATTACH ENT E County Counter to Local 512 U-13 Presented August 17, 2006 Engineering Technician Changes to Deep Class Resolution The County will prepare a new Deep Class Resolution for Board of Supervisors approval.The effective date for the Resolution: January 1, 2007. 1. At Entry Level: Truncate (eliminate) Steps 1 through 6 of the current Entry Level and start new Step 1 at current Step 7 level. (See Chart) 2. At Journey Level: Add new Step 8 as Outstanding Performance Step with current Step 7 becoming a regular merit step. (See Chart) 3. At Senior Level: - Add Step 9 as Outstanding Performance Step making current Step.8 a regular merit step. - Increase Step 1 by one step above current Step 1 (effectively moving all steps up 2.5% higher than current levels) (See Chart) 4. Transition plan for employees hired prior to the effective date of the new Deep Class Resolution: Entry Level Step 1 Add six (6) steps to current level placing at current level Step 7 (new Step 1) Entry Level Steps 24 Add five (5) steps to current level "Entry Level Steps 5-8 Add four (4) steps to current level Entry Level Steps 9-12 Add three (3) steps to current level Entry Level Steps 13-14 Add two (2) steps to current level Journey Level Steps 1 and 2 Add two (2) steps to current level Journey Level Steps 3-6 Add one (1) step to current IeveI 1 County Counter to Local 612 U-13 Presented August 17, 2006 5. Elie bWty for Outstanding Performance Steps for each classification will be aviarded based on Annual Performance Evaluations beginning with January 1, 2007, Annual Performance Evaluations. 6. Promotion to Senior Level positions requires Senior Level position and Merit System examination. Tentative Agreement: For the County: ` �J1 Q� For Local 512: u (� � f Nt �- 2 ATTACRNM F SIDE LETTER 2005-2006 COALITION NEGOTIATIONS PmsenLm d 6 LOCAL#1 MOU �p/o LOCAL#1 FACS UNIT MOU AFSCME LOCAL 512 MOU AFSCME LOCAL 2700 MOU SEIU LOCAL 535 RANK & FILE MOU SEW LOCAL 535 SUPERVISORY MOU COALITION SIDE LEITER Section A. MANAGEMENT/LABOR COMMr7TEE Local 1, SEfU 535, AFSCME 2700, AFSCME 512, and County agree to establish a ManagementlLabor Committee, hereinafter referred to as "Committee°, to meet on issues pertaining to temporary and contract employees, student intern/workers, and agency temporary employees ("temporary employees"). The Committee's duties and structure shall be as follows: 1) Committee membership shall consist of four(4) County Managers, and four(4) Union RepresentabvesBusiness Agents. Such managers shag be at the level of Department Head or designee; any designee shag be at the Assistant Director or Deputy Director level. 2) The Committee shall agree on rules and policies that Will govern the committee's work and procedures. 3) Committee meetings wig begin September 1, 2006 (or thFae manft afta upon ratification of MOU whichever occurs AW later), and continue until March 31, 2008. 4) The Committee shag review the current use of temporary employees including department practices, County poficies and applicable Memoranda of Understanding in an effort to develop recommendations to.the Board of Supervisors on the future use of temporary employees, including converting such employees to permanent positions, establishing or ending funding for such positions within recommended timelines. 5) in the event the Committee deter nines that it is necessary to meet and confer to make changes to current memoranda of understanding, County polices, or department practices, Section B below shag apply. 6) As a good faith effort on the part of the County, the Board of SupenRsors agree to direct the County Administrative Officer(CAO) to review employees in a.temporary status taking into account budget considerations, length of service, program needs and other relevant factors, and make recoimmendations to the Board for the conversion of the equivalent of ten (10) FTE temporary employees to the equivalent of tan (10)fug time permanent positions etfiec 9 no later than December 31, 2006. The CAO shag submit the equivalent of addifional tan (10) FTE temporary employees to the Board for conversion to the equivalent of ten (10) fug time permanent positions effective no later than Juty 1, 2007. Page 1 of 2 SIDE LETTER 2005-2005 COALITION NEGOTIATIONS Presented July 31, 2006 7) The Committee shalt produce a report on their findings and agreed upon recommendations along with time frames for implementation of any changes upon conclusion of their work, and submit such report to the Board of Supervisors for approval, no later than the expiration date of the MOU. Section B. MEET AND CONFER OBLIGATIONS 1. In the event the Committee needs to change or modify Memoranda of Understanding, County policies subject to meet and confer requirements, or established past practices, the County and participating unions shall meet and confer regarding the changes. 2. Any modification to the existing MOU must be agreed to by the parties and subject to each union's ratification process and must be approved by the Board of Supervisors. 3. If agreement cannot be reached, a mediator may be used in an attempt to reach agreement Section C. LOCAL 1 MEET AND CONFER OBLIGATIONS 1. The county and Local 1 agree to meet and confer regarding Section 53, Subsection A Temporary Employees. Such meetings shall begin October 1, 2006. Section D. LOCAL#1 WITHDRAWAL of GRIEVANCES AND RELATED ACTIONS Local #1 agrees to withdraw without prejudice all pending grievances and any other related actions that involve the County's use of temporary employee upon adoption of this agreement by the Board of Supervisors. This letter of agreement shall terminate automatically on (expiration of the MOU) unless specifically renewed in a new successor M4U between th . C6unty and Union. Date: F&IloL FOR THE COUNTY: FOR TH§COA,U N: 4 r c rr11 Page 2 of 2 �� ATTACHM= G CONTRA COSTA COUNTY RETURN TO WORK POLICY FOR INDUSTRIAL INJURY OR ILLNESS I. POLICY: Permanent employees who have suffered industrial injuries and illnesses may be provided with such restricted duty as the County is able to provide as soon as medically appropriate. A. Covered employees must have an accepted Workers' Compensation claim. Probationary employees, project, contracted, seasonal, agency temp, temporary, and employees working less than 20 hours a week are not covered by this policy. B. A restricted duty assignment may be provided within the County's capacity, consistent with restriction(s) recommended by the treating physician. Should any disagreement exist, the County will follow California State law. Restrictions from the physician must be in writing on the county form AK 142 or on the physician's letterhead. C. Employees performing in a restricted duty assignment will continue to receive their regular pay and benefits for hours actually worked. Pay and benefits will be prorated in the case of part-time work, subject to MOU provisions and salary regulations. D. Current department practices and applicable state and federal laws regarding return to work procedures and restricted duty for certain employees who are exempt from this policy (i.e., non-industrial illnesses or injuries and probationary employees), will continue and are not subject to this policy. ll. OBJECTIVE: The objectives of providing work for temporarily industrially injured employees through restricted duty are to reduce disability and Workers' Compensation costs, maximize productivity, minimize the loss of human resources and promote full and prompt recovery with the return of the employee to productive employment. Ri III. SCOPE OF POLICY: All departments and Board-governed agencies which are part of the County retirement system (excluding the Contra Costa County Fire Protection District and East Contra Costa Fire Protection District safety employees, Sheriff's Office and D.A. Investigators safety employees, Housing Authority, , and In-Home Supportive Service providers) are subject to this Return to Work Policy. 1 IV. GENERAL BACKGROUND: A restricted duty assignment is a temporary assignment provided to a temporarily industrially disabled employee. Restricted duty may be for less than regular full-time work, but no less than 4 hours per day. A. A temporarily industrially disabled employee with an accepted Workers' Compensation claim shall return to a restricted duty assignment that is not inconsistent with restrictions recommended by the employee's treating physician or Qualified Medical Examiner (QME), if applicable. B. A Department shall, whenever feasible, temporarily restrict the duties of an employee in order to conform to restrictions recommended by the treating physician for a cumulative maximum of six months per injury with a review after three (3) months or sooner, if appropriate. At the end of the six month period, the employee shall undergo a medical review to determine whether a full duty work release is possible. If full release is not possible, the employee shall be referred to the Risk Management ADA Coordinator and/or the Return to Work Committee for evaluation C. In the event that an employee disagrees with the Department Head's decision concerning a light duty assignment, he/she may appeal that decision to the Risk Manager within 15 calendar days. The subject of the appeal shall be heard at the next regularly scheduled Return to Work Committee. The Return to Work Committee may affirm, reject or modify the Department Head's decision. The following factors shall be considered by the Return to Work Committee when considering an appeal: 1. The restrictions recommended by the employee's treating physician or QME, if applicable; 2. The operational and financial needs of the department; and 3. The availability of a suitable work assignment. Either party may appeal the Committee's decision in writing to the Director of Human Resources or his/her designee within 15 calendar days of the Committee's decision. V. RESPONSIBILITIES: A. Departments The principle responsibility for implementing the Return to Work Policy rests with the appointing authority. Departments will also: 2 1. Complete and submit an injury report for industrial injuries and illnesses on a timely basis. 2. Appoint a Department Return to Work Coordinator to administer the department's compliance with the Return to Work Policy under the direction of the department head. The Department Retum to Work Coordinator shall review restricted duty assignments and make recommendations to the department head regarding adjusting, extending or terminating the restricted duty in accordance with the operational and financial needs of the department and consistent with the employee's medical restrictions. The Department Return to Work Coordinator will document and monitor all limited duty assignments. They will also maintain a centralized record of all assignments. 3. Inform department employees of the Return to Work Policy. 4. Implement restricted duty assignments for temporarily industrially disabled employees as soon as medically appropriate, operationally feasible, and when a suitable assignment is available. 5. Coordinate with Risk Management regarding an individual employee's restricted duty assignment. 6. The Risk Management Department shall provide the Health Coalition quarterly reports of the number of requests for ergonomic evaluations, the number of evaluations performed, and the actions taken based on those reports. The County shall meet With the Health Coalition upon the Coalition's request to review such reports and to discuss ergonomic issues. B. Employee A temporarily industrially disabled employee shall: 1. Notify the department of an industrial injury or illness in accordance with Workers' Compensation regulations. 2. Seek prompt medical care through the County's Occupational Medical Program or through a property pre-designated physician in accordance with the law. The employee shall obtain needed medical information from the physician and provide that information to the County. (Physician's Statement of Ability to Work, AK142, see attachment 1). 3 3. Accept an appropriate available restricted duty assignment within or outside the employee's department if one is offered. A restricted duty assignment must be consistent with limitations recommended by the employee's treating physician or QME, if applicable, and must be approved by the Department Return to Work Coordinator. If an employee is assigned to a restricted duty assignment outside of their department, a supervisor in the department providing the restricted duty assignment shall supervise the employee. The employee's home department is required to pay the employee's regular salary. 4. A department head has the authority to temporarily restrict the duties of an employee in accordance with this policy. 5. Failure of an employee to accept an offer of a medically appropriate restricted duty assignment will result in the denial of temporary disability benefits pursuant to Workers' Compensation law. C. County Return to Work Coordinators The County Return to Work Coordinators shall: 1. Work at the direction of the Risk Manager. 2. Assist departments in identifying and developing suitable restricted duty assignments. 3. Assist departments in resolving questions regarding work restrictions and restricted duty placements. 4. Provide, as necessary, counseling and other services to employees placed on restricted duty. 5. Assist in finding restricted duty assignments outside of the home department, if the home department cannot provide restricted duty. The home department will provide the salary of the employee. 6. Coordinate the appeal process for employees regarding restricted duty. D. Return to Work Committee The Return to Work Committee shall hear appeals under the Appeal Procedures as described in Section N (C General Background above, and make recommendations to the department in the event a department does not grant a restricted duty assignment requested by an employee or a requested extension of an existing restricted duty assignment, the 4 employee may appeal to the Return to Work Committee. The Committee shall hear the appeal and rnake' a recommendation to the department head. C. Risk Manaoer The County Risk Manager shall: Oversee the administration of this policy and provide ongoing education of department heads, managers, and departmental return to work coordinators concerning this policy. Vl. DEFINITIONS: A. Restricted Duty: A temporary work assignment provided to a temporary industrially disabled employee who cannot perform her/his regular job duties for a specific period of time.' The temporary assignment is provided while an individual is recuperating from an industrial injury or illness. An employee will be assigned to restricted duty within their primary department whenever possible. If no assignment can be located within the employee's primary department, the County will make reasonable efforts to locate a comparable position in another department Restricted duty is only available to a person who is expected to return to her or his regular job duties. if an employee is on a discretionary 9180 or 4110 work schedule and is returning to restricted duty assignment on a part-time basis, the 9180 or 4/10 work schedule shad be revoked. Pay for restricted duty shall be the same salary and benefits of the employee's regular position, provided however, that shift and other pay differentials win only be paid for the first thirty (30) days of restridred duty unless the employee ouafifes for pay differentials. B. County: For the purpose of this policy the term `County includes Contra Costa County and agencies govemed by the Board of Supervisors, which are part of the County's retirement system, excluding Contra Costa County Fire Protection District and East Contra Costa Fre Protection District's, Sheriff's Office and DA Investigators' safety employees, Housing Authority, and In-Home Supportive Service providers. C. Deoartmental Return to Work Coordinator The individual appointed by the department head to administer the County's Return to Work policy. The person appoint-ad by the department must have some knowledge of personnel rules and regulations, Memoranda of Understanding and disability benefits that an employee may be entitled to receive, i.e., SDI, LTD, FMLA, retirement. 5 D. Employee's Treating Physician: The treating physician or Qualified Medical Examiner (QME) as defined by California Workers' Compensation laws. Treatment shall be reasonably required and consistent with Workers' Compensation guidelines and existing State law. E. Return to Work Committee: The Committee shall be composed of a pool twelve (12) members consisting of six (6) County employee members appointed by the County Administrator and six (6) County employees appointed from the three (3) largest employee organizations in the Labor Coalition. Each member of the committee must commit to attending at least two committee meetings each year. Two members appointed by the County Administrator and two members appointed by the employee organizations must be present in order to constitute a quorum. F. Risk Manager. The person designated by the County Administrator to serve as Risk Manager. G. County Return to Work Coordinators: The person designated by the County Risk Manager to serve as an Employee Return to Work Coordinator who shall perform the duties set forth in V(C). Date: 3 �' FOR THE COUNTY: FOP.-THE COALITION: 6 Exhibits (Information/Reference Oniy1 A Medical/Dental/Life Insurance Adjustments B Employee Concerns C Social Service Staff Development Specialist D Deferred Compensation Incentive Program E Bomb Threat Procedure F Healthcare Coalition Notice of Changes G Deep Class and Flexibly Staff Positions EXEIBIT A LABOR COALITION—2005 NEGOTIATIONS Local#1 MOU Local#1 FACS Unit MOU AFSCME Local 512 MOU AFSCME Local 2700 MOU SEW Local 535 RANK& FILE MOU SEW Local 535 SUPERVISORY MOU WCE MOU PDOCC MOU MEDICAUDENTAULIFE INSURANCE ADJUSTMENTS Coverages Offered The County offers the following plans: Contra Costa Health Plans (CCHP)A& B, Kaiser, HealthNet HMO, HealthNet PPO, Delta and PMI Delta Care Dental. Co-Pays Effective January 1.2D07 the co-Days will increase as follows: CCHP A: No change CCHP B: No change KAISER: $10 Office Visit $10 Generic RX $20 Brand RX $10 Emergency Room HEALTHNET HMO& PPO: $10 Office Visit $10 Generic RX $20 Formulary RX $35 Non-Formulary RX $25 Emergency Room Delta Dental Plan Enhancements Effective January 1. 2007 dental sealants will be provided to eligible dependent children in accordance with the provisions under the Delta Dental Plan. Life Insurance Effective January 1, 2007 increase coveraoe from $7500 to $10.0D0 for employees enrolled in either a health and/or dental plan. The County shall provide the health and dental plans subventions as follows: HEALTH PLAN SUBVENTION: CCHP A: 98% CCHP B: 90% KAISER: 80% HEALTHNET HMO: 80% HEALTHNET PPO: 2006 60.82% -The County and Coalition will eaually share (50/50) the amount of any premium increases 2007 59.39% -The County and Coalition will eQually share (50/50)the amount of any premium increases DENTAL PLAN SUBVENTION: Delta Dental]CCHP A/B 98% PMI Dental Care/CCHP A/B 98% Delta Dental 78% PMI Delta Dental 78% at 3 year rate guarantee Dental Only County pays all but$.01 EXHIBIT B Contra.' . Personnel Department Costa y A4mwwWra1bn ekV o- 651 Pone Skeet Count/ Man.net. CaMonua 94553.1292 17 DATE: April 14, 1992 TO: Department Heads FROM: Harry D. Cisterman. Director of Personne / SUBJECT: Employee Concerns The employees of many departments are concerned about timely response to their inquiries/filings regarding the following; A. Vacation Requests All department heads are to advise all managers and first Line supervisors to respond to employee vacation requests within ten (10) calendar days of the receipt for vacation leave- B. eave_B. Compensatory Time Off in Lieu of Overtime Pay In accordance with the Provisions of the M.O.U. between the County and AFSCME,.Council 57, employees represented by the Union have the option of receiving overtime for time worked in excess of the regular work schedule or receiving compensatory time credit. Please'insure that all managers and first Line supervisors are informed of this option. C. Job Performance Deficiencies Advise all naanagers and first Line supervisors that job performanoe deficiencies should be called to the attention of the employee as soon as discovered and documented as far in advance of the final period of a performance evaluation (probation) as possible. Additionally, employees represented by AFSCME, Council S7 should be allowed treasonable use of a County FAX machine to receive and transmit necessary documents to the local Union Office. Thank you for your cooperation. HDC:sd ec: L.oca12700 Local S12 EXHIBIT C Contra Human Resources Costa '3 fi Department Third Floor,Admfffttmfion Bldg. County 651 pine Sheat M diner,Cal forma 94553-1292 May 1, 1997 (510)546-4054 Leelle T.KnIgM DhWor of Human Resources Mr. Richard Cabral, President Professional&Technical Employees AFSCME, Local 512 1000 Court Street Martinez, Ca 94553 Dear Mr. Cabral: This side letter represents the agreement reached between the County and AFSCME, Local 512, relative to the new class of Social Service Staff Development_Specialist (SSSDS) and the experience requirement under the hEnimum Qualifications. For purposes of this agreement, the experience requirement to qualify for and compete in the SSSDS examination process is as follows: Experience: Two years of full-tune experience or its equivalent in the capacity of either a staff development/training specialist, supervisor, or program specialist which included responsibility for the development and presentation of segments of training in a public or private human services agency. Or Current incumbency in the class of Social Service Program Analyst, Social Service Information Systems Analyst, Senior Social Service Information Systems Analyst, Eligibility Work Supervisor 1, or Clerical Supervisor, and two years of full-time experience or its equivalent in either a supervisory, program specialist, or administrative capacity in a public or private human services agency. This side letter will expire on the scheduled expiration date of the current MOU. Date: APPROVED AND ACCEPTED Contra Costa County �Richar'l d Cabral,President i AFSCME, Local 512 cc: Social Services Department Labor Relations Tim Hicks, AFSCME, Local 5 t 2 EXHIBIT C Contra . Human Resources Costa Department �.... County AdminisVation Bldg. 651 Pine Street Third Floor r" Maftez.CaMor is 94553-1232 July 21, 1997 (510)335-1764 tasite T.Knight Director of F wrw Resources Richard Cabral, President AFSCME Local 512 1000 Court Street Martinez CA 94553 RE: DEFERRED COMPENSATION INCENTIVE PROGRAM GRIEVANCE Dear Mr. Cabral: This is in response to the grievance you filed on March 14, 1997 regarding the Deferred Compensation incentive Program which provides a County contribution of forty dollars ($40) per month to employees in an eligible classification represented by AFSCME Local 512. The grievance alleges that the County is not administering the program in accordance with Section 52.G of AFSCME Local 512's memorandum of understanding, specifically by: 1. Requiring eligible employees sign incentive forms in order to determine employees' base contribution amount. 2. Requiring employees already contributing to the fund to requalify with a new base contribution amount when promoted to an eligible classification represented by AFSCME Local 512. 3. Requiring employees sign a Deferred Compensation Enrollment Change Form to initiate the County contribution of forty dollars ($40) per month once the qualifying base contribution amount is attained. Notwithstanding the existing Countywide practice of following the procedures outlined above since the inception of the Deferred Compensation incentive Program's in 1988, in full and final resolution of this grievance, the County and AFSCME Local 512 agree to the following: 1. Eligible employees will not be required to sign incentive forms to determine their base contribution amounts. An employee will be required to submit a Deferred Compensation Enrollment Change Form to initiate the County contribution as follows: a. Employees appointed or promoted into an eligible classification represented by AFSCME Local 512, who are not currently participating to the Deferred Compensation Program will be advised via the informational management benefit package for Local 512 employees distributed by the Benefits Division of the Human Resources Department, that they are entitled to participate in the Deferred Compensation and Incentive Programs. Employees who elect to participate may obtain an enrollment package from the Benefits Division or the Deferred Compensation Program' Administrator, iTT Hartford. b. After receipt of the forms notifying the Human Resources Department of an employee's appointment or promotion to an eligible classification represented by AFSCME Local 512, and upon confirmation that the employee has contributed the amount required to qualify (based on the employee's salary after appointment or promotion) for the County incentive Program of the 457 Deferred Compensation Plan, the Benefits Division will send a letter and an enrollment form to the employee. Employees who elect to participate in the County Incentive Program must return the signed form to the Benefits Division within sixty (60) days of the date of the letter in order for participation in the County Incentive Program to be effective the month following the promotion or appointment. if the enrollment form is not received by the Benefits Division within sixty (60) days of the date of the letter, the incentive will be effective the month following the pay period in which the enrollment form was received. C. Upon notification of the appointment or promotion of an employee into an eligible classification represented by AFSCME Local 512 who has not met the qualifying base contribution amount, Benefits Division will track the employee's contribution accrual amount until the month prior to meeting the qualifying base contribution amount and will repeat the process in b. above. d. Under subparagraphs a., b., and c. above, only one notice will be sent. The notice will be sent to the employee's address on file in the Human Resources Department. 2 2. Employees currently participating in the Deferred Compensation Program who have contributed the base qualifying amount for the salary on promotion or appointment will not be required to requalify with a new base contribution amount following appointment or promotion to an eligible classification represented by AFSCME Local 512. The County agrees to contribute $40 per month to the Deferred Compensation accounts of employees who were appointed or promoted into an eligible classification represented by AFSCME Local 512 during the period December 1, 1994 through April 1, 1997 and who met the qualifying base contribution amount at the time of their appointment or promotion (see attached list). Payment will be retroactive to the tenth of the month following the employee's promotion or appointment date and will be made on the August 10, 1997 pay warrant. If this conforms with your understanding, please indicate agreement by signing in the space provided below. Sincerely, Kathy Ito Labor Relations Manager Confirmed: Jim vkks, Susidess Agent Richard Cabral, President AFSCME, Local 512 AFSCME, Local 512 Ymemo97 deferred comp.512 Attachments cc: Leslie Knight, Director of Human Resources Eileen Bitten, Assistant Director of Human Resources Jean Soares, Human Resources Benefits Division Judy Campbell, Social Service Dept. Personnel Officer Auditor-Payroll Division 3 EXHIBIT E Contra - . , Human Resouroes Costa ! . Department County 9S ftW N,�Fow M•*•z.c W""Was's., Um"L*ftm OinQrx'd Florin gNocxr�s December 8. 1997 Ms. Joyce Baird Senior Business Representative SEIU, Local 535 661 2r Street Oakland, CA 94612 Mr. Jim Hicks Business Agent AFSCME, Lbcal 512 1000 Court Street Martinez, CA 94553 Re: Bomb Threat Procedure Dear Ms. Baird and Mr. Hicks: Included with this letter is a copy of the Social Services Department's Bomb Threat Procedure which supplements the Countys procedure. This procedure is the product of numerous negotiation sessions between the parties. Also included, is a current list of Social Services Department employees by location who are responsible for making decisions with respect to bomb threats. This letter also confirms that during the meet and confer process we agreed that if the union discovered inaccuracies in the Emergency Information fist, the Social Services Department would correct the fist within one (1) business day verbally and subsequently would promulgate the changes in writing within two (2) weeks. If the Social Services Department does not comply with the foregoing, the County will meet and confer with the Union regarding Paragraph No. 1 on the Bomb Threat Procedure. Pursuant to Paragraph No. 2, a space for the designated on-Wde union contact has been provided on the Emergency Information fist Please supply the name of the individual for each location by December 29, 1997. Y. December 8, 1997 Bomb Threat Procedure Page 2 Finally, with respect to Paragraph No. 5, the Social Services Department will provide the Union with a copy of any written direction distributed to managers. Sincerely, 1 Kathy Ito Labor Relations Manager Kt:jm attachments cc: Leslie Knight,Director of Human Resources Eileen Bitten.Assistant Director of Human Resources John Cutlen.Director of Social Services Judy Campbell,Social Services Department Joe Tonda.Risk Manager Keith Fleming,IEDA Contra Costa County Social Service Department Bomb Threat Procedure September 11, 1997 The County Bomb Threat Procedure will be augmented by the following Departmental procedures: 1. Each building will have an individual and a back-up individual who will be responsible for.making decisions with respect to bomb threats. It is the responsibility of these individuals to ensure that there is a back-up individual in their absence. The Social Service Department will promulgate a current list of such individuals. 2. The Union may designate an individual with whom the department's designated individual will consult prior to making a decision if the department designated individual is considering not evacuating the building. 3. Those individuals designated by the department and the Union will be provided training by personnel from either the Bureau of Alcohol, Tobacco and Firearms, the Concord Naval Weapons Statiorf, or the University. of California at Berkeley Police. This training will be repeated as required or no less often than every other year. All other employees will receive training from department trainers who have been trained as provided in paragraph 3, coordinated through the Department's Staff Development Division. The aforementioned training will be completed within six (6) months following the adoption of this policy. 4. Building searches will be conducted by designated management/professional search teams. 5. Requests from employees wishing not to retum to a building for the remainder of the day after an evacuation will be considered and decided at the appropriate time by their supervisor consistent with how other leave requests are processed. Supervisors will receive direction so that those requests are handled appropriately. ti EXHIBIT F Resources Contra '` Human Re ces Costa . : Department .:., , Administration Buildin Count ;_ -�, 651 Pine Street,Third Floor Y Martinez, CA 94553-1292 (925) 335-1770 Lori Gentles Assistant County Administrator Director of Human Resources January 26, 2006 Contra Costa Labor Coalition Re: Healthcare Coalition Notice of Changes Dear Members of Labor Coalition: The County agrees to make a good faith effort to notify the Health Coalition and Labor Management Committee(s) of relevant changes that are not subject to meet and confer, but which fall within the topics of discussion by the Health Coalition Committee. The County shall continue to meet and confer with labor organizations on matters which are within the scope of bargaining at the organization's request Sincerely, Francine Cronin Assistant Director of Human Resources Cc: Rollie Katz, Supervising Business Agent PEU, Local One Jo Bates, Business Agent, AFSCME, Local 2700 Brenda Wood, Business Agent, AFSCME, Local 512 Dr Stephen Daniels, Physicians' & Dentists' Organization of Contra Costa County Adelina Huerta, President, Western Council of Engineers Michael Weinberg, Senior Field Representative, SEIU Local 535 EXHIBIT G Tentative Agreernent LABOR PROPOSAL NO. 21 2005 COALITION NEGOTIATIONS Presented: August 3, 2006 LOCAL #1 MOU LOCAL #1 FACS UNIT MOU AFSCME LOCAL 512 MOU AFSCME LOCAL 2700 MOU WCE MOU PDOCC MOU Incorporate Deep Class and Flexibly Staffed Resolutions For all affected labor organizations, the County shall identify in the MOUs which classes are subject to a Deep Class or Flexibly Staffed Resolution and identify the resolution by number. Date: � 3 1 Q FOR THE COUNTY: FOR THE COALITION: l / J TIA Page 1 Df 1 W"I MEMORANDUM 006--- UHDOEFA STANDIMNG pFMUEMM a L CONM,,A COSIM COUNTY DO SOCIAL SEWMEM b-PNIUM, L3,J CA& 535 RANK Z MILE-- UW\�,LIT OCTOBER 1 , 2005 - SUPYTE'LlUSER) 3% 2008 i (� l' 1' r r i n J �. �' U f 6 �; �. MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND SOCIAL SERVICES UNION, LOCAL 535 RANK & FILE UNIT This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of the Contra Costa County Board of Supervisors Resolution 81/1165 and has been jointly prepared by the parties. The Employee Relations Officer(County Administrator)is the representative of Contra Costa County in employer-employee relations matters as provided in Board Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Union is the recognized representative, have freely exchanged information,opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. This MOU shall be presented to the Contra Costa County Board of Supervisors as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1, 2005and ending September 30,2008. Special provisions and restrictions pertaining to Project employees covered by this MOU are contained in Attachment E which is attached hereto and made a part hereof. DEFINITIONS Appointing Authority: Department Head unless otherwise provided by statute or ordinance. Class: A group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group. Class Title: The designation given to a class, to each position allocated to the class, and to the employees allocated to the class. County: Contra Costa County. Demotion:The change of a permanent employee to another position in a class allocated to a salary range for which the top step is lower than the top step of the class which the employee formerly occupied except as provided for under..Transfer or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classifications. Director of Human Resources:The person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. Eligible: Any person whose name is on an employment or reemployment or layoff list for a given classification. Employee:A person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this MOU and whose position is held pending his/her return. Employment List: A list of persons, who have been found qualified for employment in a specific class. DEFINITIONS Layoff List: A list of persons who have occupied positions allocated to a class in the Merit System and who have been involuntarily separated by layoff or displacement,or demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement, or have transferred in lieu of layoff or displacement. Permanent-Intermittent Position:Any position which requires the services of an incumbent for an indefinite period but on an intermittent basis, as needed, paid on an hourly basis. Permanent Part-Time Position:Any position which will require the services of an incumbent for an indefinite period but on a regularly scheduled less than full time basis. Permanent Position: Any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. Project Employee:An employee who is engaged in a time limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenues. Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under Transferor as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classes. Position: The assigned duties and responsibilities calling for the regular full time, part-time or intermittent employment of a person. Reallocation: The act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five percent (5%) of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. Reclassification: The act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind,difficulty or responsibility of duties performed in such position. Reemployment List: A list of persons, who have occupied positions allocated to any class in the merit system and, who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. Resignation:The voluntary termination of permanent service with the County from a position in the merit system. Temporary Employment:Any employment in the merit system which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. Transfer:The change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on the salary plan that is within five percent(5%)at top step as the class previously occupied by the employee. Union: SEW Local 535, Rank& File. SEW 535 R&F - 2 , 2005-2008 MOU SECTION 1 - UNION RECOGNITION SECTION 1 - UNION RECOGNITION The Union is the formally recognized employee organization for the representation units listed below, and such organization has been certified as such pursuant to Chapter 34-12 of Board Resolution 81/1165. Community Aide Unit Social Services Unit SECTION 2 - UNION SECURITY 2.1 Dues Deduction. Pursuant to Board Resolution No. 81/1165, only a majority representative may have dues deduction and as such the Union has the exclusive privilege of dues deduction or agency fee for all employees in its units. 2.2 Agency Shop. A. The Union agrees that it has a duty to provide fair and nondiscriminatory representation to all employees in the units for which this section is applicable regardless of whether they are members of the Union. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1. Become and remain a member of the Union or; 2. pay to the Union, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. do both of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. pay a sum equal to the agency shop fee described in Section 2.2.13.2 to a non-religious, non-labor,charitable fund chosen by the employee from the following charities: Family & Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. C. The Union shall provide the County with a copy of the Union's Hudson Procedure for the determination and protest of its agency shop fees. The Union shall provide a copy of said Hudson Procedure to every fee payor covered by this MOU within one month from the date it is approved and annually thereafter,and as a condition to any change in the agency shop fee. Failure by a fee payor to invoke the Union's Hudson Procedure within one month after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee. SEW 535 R&F - 3 . 2005-2008 MOU SECTION 2 - UNION SECURITY D. The provisions of Section 2.2.6.2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit.The term separation includes transfer out of the unit, layoff, and leave of absence with a duration of more than thirty.(30) days. E. Annually, the Union shall provide the Director of Human Resources with copies of the financial report required pursuant to the Labor Management Disclosure Act of 1959. Such report shall be available to employees in the unit. Failure to file such a report within sixty (60) days after (June 30) shall result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed. F. Compliance. 1. An employee employed in or hired into a job class represented by the Union shall be provided with an Employee Authorization for.Payroll Deduction form by the Human Resources Department. 2. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and the Union dues,agency shop fee, initiation fee or charitable contribution required under Section 2.2.6.3 are not received, the Union may, in writing, direct that the County withhold the agency shop fee and the initiation fee from the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Union. G. The Union shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this Union security section, or action taken or not taken by the County under this Section.This includes, but is not limited to,the County's Attorneys' fees and costs.,The provisions of this subsection shall not be subject to the .grievance procedure. , H. The County Human Resources Department shall monthly furnish a list of all new hires to the Union. I. In the event that employees in a bargaining unit represented by the Union vote to rescind Agency Shop,the provisions of Section 2.3,2.4,and 2.5 shall apply to dues- paying members of the Union. 2.3 Maintenance of Membership. All employees represented by the Union who are currently paying dues to the Union and all employees in such unit who hereafter become members of the Union shall as a condition of continued employment pay dues to the Union for the duration of this MOU and each year thereafter so long as the Union continues to represent the classification to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.5. 2.4 Union Dues Form. Employees hired into classifications represented by the Union shall,as a condition of employment at the time of employment,complete a Union dues authorization card provided by the Union and shall have deducted from their paychecks the membership dues of the Union. Said employees shall have thirty(30) days from the date of hire to decide if they do not want to become a member of the Union. Such decision not to become a member of the Union must SEW 535 R&F " 4 , 2005-2008 MOU SECTION 2 - UNION SECURITY be made in writing to the Auditor-Controller with a copy to the Labor Relations Division within said thirty (30) day period. If the employee decides not to become a member of the Union, any Union dues previously deducted from the employee's paycheck shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to the Union. If the employee does not notify the County in writing of the decision not to become a member within the thirty(30) day period, he/she shall be deemed to have voluntarily agreed to pay the dues of the Union. Each such dues authorization form referenced above shall include a statement that the Union and the County have entered into a MOU, that the employee is required to authorize payroll deductions of Union dues as a condition of employment,and that such authorization may be revoked within the first thirty(30)days of employment upon proper written notice by the employee within said thirty(30) day period as set forth above. Each such employee shall,upon completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his or her right to revoke said authorization. 2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Department in writing, between August 1, 2005 and August 31, 2005, any employee assigned to a classification represented by the Union may withdraw from Union membership and discontinue paying dues as of the payroll period commencing September 1, 2005, discontinuance of dues payments to then be reflected in the October 10,2005 paycheck. Immediately upon close of the above mentioned thirty (30) day period the Auditor-Controller shall submit to the Union a list of the employees who have rescinded their authorization for dues deduction. 2.6 Communicating With Employees. The Union shall be allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of offices in which there are employees represented by the Union, provided the communications displayed have to do with matters within the scope of representation and further provided that the employee organization appropriately posts and removes the information. The department head reserves the right to remove objectionable materials after notification and discussion with the Union. Representatives of the Union, not on County time,shall be permitted to place a supply of employee literature at specific locations in County buildings if arranged through the Department Head or designated representative; said representatives may distribute employee organization literature in work areas(except work areas not open to the public)if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on-duty employees. The Union shall be allowed access to work locations in which it represents employees for the following purposes: a. To post literature on bulletin boards; b. to arrange for use of a meeting room; C. to leave and/or distribute a supply of literature as indicated above; d. to represent an employee on a grievance, and/or to contact a Union officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason for the visit,will be made with the departmental representative in charge of the work area,and the visit will not interfere with County services. SEW 535 R&F -.5 - 2005-2008 MOU SECTION 2 - UNION SECURITY 2.7 Use of County Buildings. The Union shall.be allowed the use of areas.normally used for meeting purposes for meetings of County employees during non-work hours when: a. Such space is available and its use by the Union is scheduled twenty-four(24)hours in advance; b. there is no additional cost to the County; _ c: it does not interfere with normal County operations; d. employees in attendance are not on duty and are not scheduled for duty; e. the meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Union shall maintain proper order at the meeting,and see that the space is left in a clean and orderly condition. The use of County equipment(other than items normally used in the conduct of business meetings, such as desks, chairs., ashtrays, and blackboards) is strictly prohibited, even though it may be present in the meeting area. 2.8 Advance Notice. The Union shall, except in cases of emergency, have the right to reasonable notice of any ordinance,-rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions designated by the Board, and to meet with the body considering the matter. Ori matters within the scope of representation the County agrees that the Human Resources Department will notify a Union's designee(s)when an issue within the scope of representation is placed on the Board's agenda. If there is insufficient time to meet and confer on an issue.pnoir to the Board's meeting, the item shall be deferred if so requested by the Union. In cases of emergency when the Board, or boards and commissions designated by the Board, determines,it. must act immediately without such notice or meeting, it shall give 'notice.and opportunity to meet as soon as practical after its action. 2.9 _Written Statement for New Employees.The County will provide a written statement to each new employee hired into a classification which is in the Social Services Unit or Community Aide Unit that their classification is represented by Local 535, and the name of a representative of Local 535.. The County shall provide an opportunity for the Union to make a fifteen (15) minute presentation at the end of the Human Resources Department's new employee orientation meetings. SECTION 3 - NO DISCRIMINATION There shall be no discrimination because of race,creed,color,national origin, political opinion,sex, sexual orientation, or Union activities against any employee or applicant for employment by the County or by anyone employed by the County;and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age or physical disability. SEW .535 R&F - 6 - 2005-2008 MOU SECTION 4 - SHOP STEWARDS & OFFICIAL REPRESENTATIVES SECTION 4 -SHOP STEWARDS & OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetings. Employees designated as shop stewards or official representatives of the Union shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: a. If their attendance is required by the County at a specific meeting; b. if their attendance is sought by a hearing body for presentation of testimony or other reasons; C. if their attendance is required for meetings required for settlement of grievances filed pursuant to Section 23 - Grievance Procedure of this MOU; d. if they are designated as a shop steward, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance; e. if they are designated as spokesperson or representative of the Union and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions;provided in each case advance arrangements for time away from the employee's work station or assignment are made with the appropriate department head or designee, and the County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required. 4.2 Union Representatives. Except in the Department of Employment & Human Services,official representatives of the Union shall be allowed time off on County time for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Labor Relations Manager or other management representatives on matters within the scope of representation, provided that the number of such representatives shall not exceed two (2)without prior approval of the Labor Relations Manager, and that advance arrangements for the time away from the work station or assignment are made with the appropriate Department Head or designee. 4.3 Social Service Representatives. In the Department of Employment & Human Services the Union shall designate five(5)representatives who shall be allowed time off on County time with corresponding reduction in work assignments, up to sixteen (16) hours per week per representative,for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Labor Relations Officer or other management representatives on matters within the scope of representation or for the reasons as provided in 4.1.a through 4.1.e above. In each case, advance arrangements for time away from the employee's work assignment shall be made with the Department Head or designee.Such representatives from other departments shall be allowed time off as provided in Section 4.2 and the representatives designated in this Section shall not in the aggregate exceed five (5) employees. 4.4- Social Service Office Stewards. The Union may designate stewards in the Department of Employment & Human Services who may be allowed to attend meetings held on County time for the purposes provided in 4.1.d above. In each case,advance arrangements for time away from the employee's work assignment shall be made with the Department Head or designee. The number of stewards for the following offices shall be: Muir Road 2 Marina West 2 Hilltop 1 EI Sobrante 1 Rodeo 1 Douglas 1 SEW 535 R&F " 7 , 2005-2008 MOU SECTION 5 - SALARIES Antioch 2 CMSE 1 If during the term of this MOU offices are combined or created, the Union may designate one (1) steward for each new office and?two (2) stewards for any office,with one hundred (100) or more represented employees. 4.5 Department Notification.The Union shall notify in writing the Department Head or designee of those persons designated as official representatives and as stewards and of any changes of such designations when made. SECTION 5 SALARIES 5.1 General Wage Increases. A. The following wage schedule is effective for employees represented by.SEIU Local 535: July 1, 2007 2% increase July 1, 2008 2% increase Employees who did not receive a negotiated wage increase during FY 05/06 and were employed on January 1,2006 and are currently employed upon adoption of the MOU by the Board of Supervisors, will receive a one time payment of$1500 prorated for permanent part-time, permanent intermittent, and temporary employees. The proration will be based on $.72/hour for each straight time hour worked or in paid status during the period July 1, 2005 to June 30, 2006. B. Salaries. The Social Service Program Assistant (SSPA) class specification will be revised to reflect current job duties and responsibilities and the salary increased for incumbents in the SSPA class by 20 levels(2.0191%)effective January 1, 1996 to create the salary level of the SSPA class at a rate of at least five percent(5%)higher than that of Eligibility Work Specialist. The five percent (5%) difference in salary range shall be maintained between the SSPA and the Eligibility Work Specialist. C. Longevity Pay. Effective July 1,2008,employees shall be eligible to receive a two and one-half percent (2.5%) longevity pay differential at ten (10)years of service. 5.2 Entrance Salary. New employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range. 5.3 Anniversary Dates. Except as may otherwise be provided for in deep class resolutions, anniversary dates will be set as follows: a. New Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee successfully completes six (6) months service provided however, if an employee began work on the first regularly scheduled workday of the month the anniversary date is the first day of the calendar month when the employee successfully completes six(6)months service. b. Promotions. The anniversary date of a promoted employee is determined as for a new employee in Subsection 5.4.A above. SEW 535 R&F - 8 , 2005-2008 MOU SECTION 5 - SALARIES C. Demotions. The anniversary of a demoted employee is the first day of the calendar month after the calendar month when the demotion was effective. d. Transfer, Reallocation and Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary range or to a salary range which is within five percent (5%) of the top step of the previous classification, remains unchanged. e. Reemployment.The anniversary of an employee appointed from a reemployment list to the first step of the applicable salary range and not required to serve a probation period is determined in the same way as the anniversary date is determined for a new employee who is appointed the same date,classification and step and who then successfully completes the required probationary period. f. Notwithstanding other provisions of this Section 5, the anniversary of an employee who is appointed to a classified position from outside the County's merit system at a rate above the minimum salary for the employee's new class, or who is transferred from another governmental entity to this County's merit system, is one(1)year from the first day of the calendar month after the calendar month when the employee was appointed or transferred; provided however, when the appointment or transfer is effective on the employee's first regularly scheduled work day of that month, his/her anniversary is one (1)year after the first calendar day of that month. 5.4 Increments Within Range. In the Department of Employment&Human Services the performance of each employee,except those employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5.3 to determine whether the salary of the employee shall be advanced to the next higher step in the salary range.Advancement shall be granted based on the overall performance rating of standard or based on the affirmative recommendation of the appointing authority. Based on the overall performance rating of below standard,the appointing authority may recommend denial of the increment subject to one additional review at some specified date before the next anniversary which must be set at the time submitted by the Appointing Authority. Except as herein provided, increments within range shall not be granted more frequently than once a year, nor shall more than one (1)step within-range increment be granted at one time, except as otherwise provided in deep class resolutions. In case an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review at some date before the next anniversary the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the County. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible,said advancement shall be made retroactive to the first of the month when eligible. 5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary in the same ratio to the full time monthly rate to which the employee would be entitled as a full time employee under the provisions of this Section 5-as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the full time work schedule of the department. 5.6 Compensation for Portion of Month. Any employee who works less than any full calendar month, except when on earned vacation or authorized sick leave, shall receive as SEW 535 R&F 19 , 2005-2008 MOU SECTION 5 - SALARIES I ompensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis. 5.7 Position Reclassification.An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule as is the class of the position before it was reclassified, shall be paid at the same step of the range as the employee received under the previous classification. An incumbent of a position which is reclassified to a class which is allocated toa lower range of the basic salary schedule shall continue to receive the same salary as before the reclassification, but if such salary is greater than the maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater than the range of the class of the position before it was reclassified shall be governed by the provisions of Section 5.9-Salary on Promotion. 5.8 Salary Reallocation & Salary on Reallocation. A. In a general salary increase or decrease,an employee in a class which is reallocated to a salary range above or below that to which it was previously allocated,when the, number of steps remain the same, shall be compensated at the same step in the new salary range the employee was receiving in the range to which the class was previously allocated. If the reallocation is from one salary range with more steps to a range with fewer steps or vice versa,the employee shall be compensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before reallocation to the top step of the old range, but in no case shall any employee be compensated at less than the first step of the range to which the class is allocated. B. In the event that a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the salary schedule,apart from the general salary increase or decrease described in Section 5.8.A above,each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. In the event that the steps in the new range do not contain the same rates as the old range,each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range,or if the new range does not contain a higher step,at the step which is next lower than the salary received in the old range. C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as above or below the salary range of the employee's previous class, the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallocation. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step,the incumbent shall be placed at the step which is next lower than the salary received in the old range. SEW 535 R&F . 10 . 2005-2008 MOU SECTION 5 - SALARIES D. In the event of reallocation to a deep class, the provisions of the deep class resolution and incumbent salary allocations, if any, shall supersede Section 5.8. 5.9 Salary on Promotion. Any employee who is appointed to a position of a class allocated to a higher salary range than the class previously occupied, except as provided under Section 5.13, shall receive the salary in the new salary range which is next higher than the rate received before promotion. In the event this increase is less than five percent(5%),the employee's salary shall be adjusted to the step in the new range which is at least five percent(5%)greater than the next higher step; provided, however,that the next step shall not exceed the maximum salary for the higher class. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off,the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in a decrease in which case the employee is appointed to the next higher step. If however,the employee is being appointed into a class allocated to a higher salary range than the class from which the employee was.laid off, the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee's current step, whichever is higher. 5.10 Salary on Appointment From a Layoff List. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off,the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in an increase of less than five percent (5%), in which case the salary shall be adjusted to the step in the new range which is five percent(5%)greater than the next higher step, if the new range permits such adjustment. 5.11 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.12, shall have his salary reduced to the monthly salary step in the range for the class of position to which he has been demoted next lower than the salary received before demotion. In the event this decrease is less than five percent(5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided, however,that the next step shall not be less than the minimum salary for the lower class. Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights,the salary of the demoted employee shall be that step on the salary range which he would have achieved had he been continuously in the position to which he has been demoted, all within-range increments having been granted. 5.12 Salary on Voluntary Demotion.Whenever any employee voluntarily demotes to a position in a class having a salary schedule lower than that of the class from which he or she demotes, unless the Board provides otherwise by resolution, his or her salary shall remain the same if the steps in his or her new(demoted)salary range permit,and if not, new salary shall be set at the step next below former salary. 5.13 Transfer.An employee who is transferred from one position to another as described under"Transfer'shall be placed at the step in the salary range of the new class which equals the rate of pay received before the transfer. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class,the employee shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step,the employee shall be placed at the step which is next lower than the salary received in the old range. Whenever a permanent employee transfers to or from a deep class,as provided in the appropriate deep class resolution, the salary of the employee shall be set as provided in the deep class SEW 535 R&F - 11 - 2005-2008 MOU SECTION 5 - SALARIES resolution at a step not to exceed a five percent (5%) increase in the employee's base salary. However, if the deep class transfer occurs to or from a deep class with specified levels identified for certain positions and their incumbents, the employee's salary in the new class shall be set in accordance with the section on "Salary on Promotion" if the employee is transferring to another class or to a level in a deep class for which the salary is at least five percent (5%) above the top base step of the deep class level or class in which they have status currently. 5.14 Pay for Work in Higher Classification. When an employee in a permanent position in the merit system is required to work in a classification for which the compensation is greater than that to which the employee is regularly assigned,the employee shall receive compensation for such work at the rate of pay established for the higher classification pursuant to Subsection 5.9-Salary on Promotion of this MOU, commencing on the second full day of the assignment, under the following conditions. Payment shall be made retroactive after completing the first forty (40) consecutive hours worked in the higher classification. a. The employee is assigned to a program service,or activity established by the Board of Supervisors which is reflected'in an authorized position which has been classified and assigned to the Salary Schedule. b. The nature of the departmental assignment is such that the employee in the lower classification performs a majority of the duties and responsibilities of the position of the higher classification. C. Employees selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. d. The County shall make reasonable efforts to offer out of class assignments to all interested employees on a voluntary basis. Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures provided in this Memorandum. e. The appropriate authorization-form has been submitted by the Department Head at least eight (8) days prior to the expiration of the ten (10) day waiting period and approved by the County Administrator. f. Higher pay assignments shall not exceed six (6) months except through reauthorization. g. If approval is granted for pay for work in a,higher classification and the assignment is terminated and later reapproved for the same employee within one hundred eighty (180) days, no additional waiting period will be required. h. Any incentives(e.g.,the education incentive)and special differentials(e.g.,bilingual differential and hazardous duty differential)accruing to the employee in his/her permanent position shall continue. i. During,the period of work for higher pay in a higher classification, an employee will retain his/her permanent classification,and anniversary and salary review dates will be determined by time in that classification; except that if the period of work for higher pay in a higher classification exceeds one year continuous employment, the employee, upon satisfactory performance in the higher classification,shall be eligible for a salary review in that class on his/her next anniversary date. Notwithstanding SEW 535 R&F - 12 - 2005-2008 MOU SECTION 6 - DAYS AND HOURS OF WORK any other salary regulations, the salary step placement of employees appointed to the higher class immediately following termination of the assignment shall remain unchanged. j. Allowable overtime pay,shift differential and/or work location differentials will be paid on the basis of the rate of pay for the higher class. 5.15 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the preceding month; provided, however,that each employee(except those paid on an hourly rate)may choose to receive an advance on the employee's monthly salary,in which case the Auditor shall,on the twenty-fifth (25th) day of each month, draw his warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3)or less, at the employee's option,of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. The election to receive an advance shall be made on or before April 30 or October 31 of each year or during the first month of employment by filing on forms prepared by the Auditor-Controller a notice of election to receive salary advance. Each election shall become effective on the first day of the month following the deadline for filing the notice and shall remain effective until revoked. In the case of an election made pursuant to this Section 5.15,all required or requested deductions from salary shall be taken from the second installment,which is payable on the tenth (10th)day of the following month. 5.16 Pay Warrant Errors. If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant issued within forty-eight'(48) hours, exclusive of Saturdays, Sundays and Holidays from the time the department is made aware of and verifies that the pay warrant is in error. Pay errors discovered by the County in employee pay shall be corrected as soon as possible as to current pay rate but no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the two (2) year period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the Appointing Authority or designee, the Director of Human Resources or designee, or the Auditor- Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. When.the County notifies an employee of an overpayment and a proposed repayment schedule,the employee may accept•the proposed repayment schedule or may request a meeting through the County Human Resources Department. If requested, a meeting shall be held to determine a repayment schedule which shall be no longer than one and one-half times(1-1/2)the length of time the overpayment occurred. SECTION 6 - DAYS AND HOURS OF WORK SEW 535 R&F - 13 - 2005-2008 MOU SECTION 6- DAYS AND HOURS OF WORK . 6.1 Normal Work Week&Deviations.The normal work week of County employees is forty(40)hours between 12:01 a.m. Monday to 12:00 midnight Sunday,usually five(5)eight(8)hour days; however, where operational requirements of a department require deviations from the usual pattern of five (5)eight(8) hour days per work week, an employee's work hours may be scheduled to meet these requirements,.but his working time shall not exceed an average of forty(40)hours per seven (7) day period,throughout an operational cycle, and the Department Head shall prepare written schedules in advance to support all deviations, the schedules to encompass the complete operational cycle contemplated. 6.2 Staggered Work Schedule. The Department of Employment & Human Services shall continue to operate a staggered work schedule plan. Office hours shall remain open to the public from 8:00 a.m. to 5:00 p.m., Monday through Friday. Permanent full time employees shall have the option to select, subject to prior approval of the department, an eight (8) hour day, forty (40) hour workweek schedule consisting of work hours which may be other than the normal 8:00 a.m. to 5:00 p.m. or 4:30 p.m.work schedule. The following shall serve as the basic criteria for the staggered shift: a. All employees must be present at their office or otherwise engaged in the duties of their position during the*core hours of 10:00 a.m. and 3:30 p.m. b. Work schedules must remain within the hours of 7:00 a.m. and 7:00 p.m. C. The selected staggered work schedule shall consist of the same hours of work each day except for when a schedule including one varying eight (8) hour workday is necessaryto provide"officer of the day"coverage orfor other specific circumstances in which the department determines that such a varying schedule is appropriate.The decision of the Department Head or designee shall be final. d. Lunch periods of one (1)or one half('/2) hour shall be scheduled. In the event that the employee desires to change the scheduled lunch hour from one (1)hour to one half ('/2) hour, or from one half ('/2) hour to one (1) hour, that change must be approved in advance by the Department Head or designee. Lunch periods shall be taken within one (1) hour of the midpoint of the employee's scheduled workday. e. Each work unit designated by placement under a single line supervisor shall have at least one line worker in the office during the hours of 8:00 a.m. to 5:00 p.m. Each such unit shall also have at least one additional line worker in the office or otherwise engaged in the duties of their positions during the hours of 8:00 a.m. and 4:30 p.m. There are two situations in which exceptions may be made to these minimum coverage provisions-1.1 nits which are placed under a single supervisor but which are split between two or more buildings may be clustered with another unit of a like program function in the immediate work areas of the same building for the purpose of maintaining minimum coverageAuring the time period between 4:30 p.m.and 5:00 p.m. A unit of three or fewer workers may be clustered with another unit of a like program function in, the immediate work area for the purpose of maintaining minimum coverage, provided that the total number of workers in the units so clustered shall not exceed eight(8). f. Each employee's proposed staggered schedule must be submitted in writing and approved by the Department Head or designee prior to implementation. SEW 535 R&F - 14 - 2005-2008 MOU SECTION 6 - DAYS AND HOURS OF WORK g. Changes in staggered schedules shall be requested in writing and must have the approval of the Department Head or designee prior to implementation. h. Conflicting requests for schedules shall be resolved by the Department Head whose decision shall be final. i. In the event coverage within a location becomes temporarily reduced as a result of scheduling revisions or absenteeism,employees will be expected to assure that the necessary functions are performed, particularly the answering of telephones. j. It is understood that an individual employee's schedule may be changed due to the needs of the department. k. In the event this staggered scheduling provision is found by the department to be inconsistent with the needs of the department, the department shall so advise representatives of Local 535 and the County and the Union shall meet and confer in an attempt to resolve the inconsistency. The Public Health Division of the Health Services Agency shall institute,within clinic and caseload requirements, a staggered hours work schedule plan in which permanent full time Social Workers and Eligibility Workers shall have the option to request,subject to prior approval of the Department Head or designee, an eight (8) hour day, forty (40) hour work week schedule consisting of work hours which may be other than the normal 8:00 a.m. to 5:00 p.m., Monday through Friday. The following shall serve as the basic criteria for departmental approval: a. All employees must be present at their office or otherwise engaged in the duties of their position during the core hours of 9:00 a.m. to 4:00 p.m. b. Work schedules must remain within the hours of 7:30 a.m. and 5:30 p.m.except for specific assignments which may require work beyond those hours. C. The selected staggered work schedule shall consist of the same eight(8)hour work days as is necessary to provide coverage during the hours of 8:00 a.m.to 5:00 p.m. The decision of the Department Head or designee shall be final. d. Lunch periods of one (1) or one-half (%2) hour shall be scheduled subject to the. approval of the Department Head or designee. In the event that the Social Worker or Eligibility Worker desires to change the scheduled lunch hour from one (1) hour to one-half ('/2) hour, or from one half(%z) hour to one (1) hour, that change must be approved in advance by the Department Head or designee. e. Each proposed staggered schedule must be submitted in writing and approved by the Department Head or designee prior to implementation. f. Changes in staggered schedules shall be requested in writing and must have the approval of the Department Head or designee prior to implementation. g. Conflicting requests for schedules shall be resolved by the Department Head or designee, and this decision shall be final. h. In the event coverage within an area office becomes temporarily reduced as a result of program changes,scheduling revisions,absenteeism,or reductions in staffing,the SEW 535 R&F - 15 - 2005-2008 MOU SECTION 7- OVERTIME AND COMPENSATORY TIME department may adjust Social Worker and Eligibility Worker schedules and/or duties to assure that the necessary functions of the department are performed. i. It is understood that an individual employee's schedule may be changed due to the needs of the department. j. In the event this staggered scheduling provision is found by the department to be 'inconsistent with the needs of the department, the department shall so advise representatives of Local 535 and the County and the Union shall meet and confer in an attempt to resolve the inconsistency. 6.3 9/80 Schedules. The practice within the Department of Employment & Human Services governing the authorization for certain employees to work a schedule of eight(8)nine (9) hour days and one(1)eight(8)hour day in a two week scheduling period shall continue, unless the parties mutually agree to changes in such practice. 6.4 4/10 Work Schedule. The Department of Employment & Human Services will implement a 4/10 work schedule in accordance with Labor-Management Committee finalized guidelines;the Department will meet and confer regarding the impact of any unit exclusions from the 4/10 work schedule. 6.5 Work Schedule Re-Opener. The parties agree to reopen the work schedule provisions of the Memorandum of Understanding for the purpose of ensuring consistent practices among the departments and compliance with appropriate regulatory requirements..Any changes to the MOU and/or past practice except those necessitated by legal requirements shall be subject to agreement by both parties. If the County believes a change is necessitated by legal requirements,it shall notify the Union of the change and the legal basis thereof. The County shall offer to meet with the Union before the County implements such change. SECTION 7 -OVERTIME AND COMPENSATORY TIME 7.1 Overtime. Overtime is any authorized work performed in excess of forty(40)hours per week or eight (8) hours per day. All overtime shall be compensated for at the rate of one and one-half (1-1/2) .times the employee's base rate of pay (not including shift and other special differentials). Overtime for permanent employees is compensated in increments of one-tenth hour (six (6) minutes) by either pay or compensatory time off. Employees entitled to overtime credit for holidays in positions which work around the clock(such as the County Hospital,Jails,Juvenile Hall and Boys'Ranch)shall be provided a choice as to whether they shall be paid at the overtime rate or shall receive compensatory time off at the rate of one and one-half(1-1/2) hours compensatory time off for each hour worked. Such compensatory time off, and the accumulation thereof shall be in addition to the total vacation accumulation permitted under the terms of this MOU. The specific provisions of this accumulation are set forth in Section 12.4— Holidays Fallinq on Saturday or Sunday of this MOU. Regular overtime for twenty-four (24) hour institutional employees maybe accrued as compensatory time in accordance with Section 7.2 of this MOU. 7.2 Compensatory Time. SEW 535 R&F . 16 . 2005-2008 MOU SECTION 7- OVERTIME AND COMPENSATORY TIME A. Employees receiving overtime pay who wish to accrue compensatory time off in lieu of overtime pay shall notify the department on the approved form indicating their desire to accrue compensatory time off at least seven(7)calendar days prior to July 1 of each year. Employees accruing compensatory time off and who wish to continue to accrue compensatory time off in a subsequent fiscal year are not required to notify the department. An employee wishing to change the method of overtime compensation(overtime pay to compensatory time off or compensatory time off to overtime pay)during the fiscal year may do so by notifying the department on the approved form with thirty (30) days notice of such change. Only one such change shall be allowed per fiscal year. B. The names of those employees electing to accrue compensatory time off shall be placed on a list maintained by the department. At time of appointment, newly appointed employees may elect to accrue compensatory time off in lieu of overtime pay by notifying the department on the approved form. C. Compensatory time off shall be accrued at the rate of one and one-half(1-1/2)times the actual authorized overtime hours worked by the employee. A permanent part-time employee shall accrue compensatory time off at the rate of one(1)hour for each hour worked in excess of the employee's regular work week for those hours which are not authorized overtime. D. Employees may not accrue a compensatory time off balance that exceeds one hundred twenty (120) hours (i.e. eighty (80) hours at time and one-half). Once the maximum balance has been attained,authorized overtime hours worked will be paid at the overtime rate. If the employee's balance falls below one hundred twenty(120) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked until the employee's balance again reaches one hundred twenty(120) hours. E. Accrued compensatory time off shall be carried over for use in the next fiscal year; however,as provided in D.above,accrued compensatory time off balances may not exceed one hundred twenty (120) hours. F. The use of accrued compensatory time off shall be by mutual agreement between the Department Head or his designee and the employee. Compensatory time off shall not be taken when the employee would be replaced by another employee who would .be eligible to receive, for time worked, either overtime payment or compensatory time accruals as provided for in this Section. This provision may be waived at the discretion of the Department Head or his designee. G. When an employee promotes,demotes or transfers from the classification eligible for compensatory time off to another classification eligible for compensatory time off within the same department,the employee's accrued compensatory time off balance will be carried forward with the employee. H. Compensatory time accrual balances will be paid off when an employee moves from one department to another through promotion,demotion or transfer. Said payoff will SEW 535 R&F - 17 - 2005-2008 MOU SECTION 8 - CALL BACK TIME be made in accordance with the provisions and salary of the class from which the employee is promoting, demoting or transferring as provided in (.,.below. 1. Since employees accrue compensatory time off at the rate of one and one-half(1- 1/2)hours for each hour of authorized overtime worked, accrued compensatory time balances shall be paid off at the straight time rate(two-thirds(2/3)the overtime rate) for the employee's current salary whenever: . 1. the employee changes status and is no longer eligible for compensatory time off; 2. the employee promotes, demotes or transfers to another department; 3. the employee separates from County service; 4. the employee retires; 5. the employee is granted a leave of absence. J. Compensatory time off shall be accrued and taken in increments of one-tenth (1/10) hour(six (6)minutes). K. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this section. 7.3 Part-Time Differential. If an employee in the Department of Employment&Human Services,assigned to a permanent part-time position,is requested to work on his/her scheduled day off after the scheduled office hours, such employee shall receive, in addition to their regular base rate of pay, a differential of one-half(%2) their regular base rate of pay. SECTION 8 -CALL BACK TIME Any employee who is called back to duty shall be paid at the appropriate rate for the actual time worked plus one (1) hour. Such employee called back shall be paid a minimum of two (2) hours at the appropriate rate for each call back. SECTION 9 -ON-CALL DUTY On call duty is any time other than time when the employee is actually on duty during which an employee is not required to be on County premises but stand ready to,immediately report for duty and must arrange so that his superior can 'reach him on ten (10) minutes notice or less. An employee assigned to on-call time shall be paid one(1)hour of straight time credit for each four(4) hours on such on-call time. Those positions which are on-call shall be designated by the appointing authority whose decision is final. Assignment to an on-call position shall be in accordance with Section 38. SECTION 10 -SHIFT DIFFERENTIAL In the hours which qualify for shift differential,employees shall receive five percent(5%)above their base salary rate. SEIU 535 R&F _ 18 - 2005-2008 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT To qualify for shift differential, an employee must have a regularly assigned daily work schedule which requires: a. Completion of more than one and one-half (1-1/2) hours over the normal actual working time; or b. At least four (4) hours of actual working time from 5:00 p.m. through 9:00 a.m. inclusive. However, employees who have been regularly working a shift qualifying for shift differential immediately preceding the commencement of a vacation,paid sick leave period, paid disability or other paid leave, will have shift differential included in computing the pay for their leave. The paid leave of an employee who is on a rotating shift schedule shall include the shift differential that would have been received had the employee worked the shift for which the employee was scheduled during such period. Shift differential shall only be paid during paid sick leave and paid disability as provided above for the first thirty(30) calendar days of each absence. SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT 11.1 Workforce Reduction. In the event that funding reductions or shortfalls in funding occur in a department or are expected, which may result in layoffs, the department will notify the union and take the following actions: a. Identify the classifications) in which position reductions may be required due to funding reductions or shortfalls. b. Advise employees in those classifications that position reductions may occur in their classifications. C. Accept voluntary leaves of absence from employees in those classifications which do not appear to be potentially impacted by possible position reductions when such leaves can be accommodated by the department. d. Consider employee requests to reduce their position hours from full time to part time to alleviate the impact of the potential layoffs. e. Approve requests for reduction in hours,lateral transfers,and voluntary demotions to vacant,funded positions in classes not scheduled for layoffs within the department, as well as to other departments not experiencing funding reductions or shortfalls when it is a viable operational alternative for the department(s). f. Review various alternatives which will help mitigate the impact of the layoff by working through the Tactical Employment Team program (TET)to: 1. Maintain an employee skills inventory bank to be used as a basis for referrals to other employment opportunities. SEIU 535 R&F - 19 . 2005-2008 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT 2. Determine if there are other positions to which employees may be transferred. 3. Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. 4. Establish workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. g. When it appears to the Department Head and/or Labor Relations Officer that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit, the Labor Relations Officer shall notify, the Union of the possibility of such layoffs and shall meet and confer with the Union regarding the implementation of the action. 11.2 Separation Through Layoff A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the merit service may be laid off when the position is no longer necessary,or for reasons of economy, lack of work, lack of funds or for such other reason(s)as the Board of Supervisors deems sufficient for abolishing the position(s). B. Order of Layoff. The order of layoff in a department shall be based on inverse seniority in the class of positions,the employee in that department with least seniority being laid off first and so on. C. Layoff By Displacement. 1. In the Same Class.A laid off permanent full time employee may displace an employee in the department having less seniority in the same class who occupies a permanent intermittent or permanent part-time position,the least senior employee being displaced first. 2. In the Same Level or Lower Class.A laid off or displaced employee who had achieved permanent status in a class at the same or lower salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class of an employee having less seniority; the least senior employee being, displaced first, and so on with senior displaced employees displacing junior employees. D. Particular Rules on Displacing. 1. Permanent intermittent and permanent part-time employees may displace only employees holding permanent positions of the same type respectively. 2. A permanent full time employee may displace any intermittent or part-time employee with less seniority (1) in the same class, or (2) in a class of the same or lower salary level if no full time employee in a class at the same or lower salary level has less seniority than the displacing employees. SEIU 535 R&F - 20 . 2005-2008 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT 3. Former permanent full time employees who have voluntarily become . permanent part-time employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Director of Human Resources or designee retain their permanent full time employee seniority rights for layoff purposes only and may in a later layoff displace a full time employee with less seniority as provided in these rules. E. Seniority. An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salary schedule in effect at the time of layoff. Employees reallocated or transferred without examination from one class to another class having a salary within five percent(5%)of the former class,as provided in Section 305.2, shall carry the seniority accrued in the former class into the new class. Employees reallocated to a new deep class upon its initiation or otherwise reallocated to a deep class because the duties of the position occupied are appropriately described in the deep class shall carry into the deep class the seniority accrued or carried forward in the former class and seniority accrued in other classes which have been included in the deep class. Service for layoff and displacement purposes includes only the employee's last continuous permanent County employment. Periods of separation may not be bridged to extend such service unless the separation is a result of layoff in which case bridging will be authorized if the employee is reemployed in a permanent position within the period of layoff eligibility.Approved leaves of absence as provided for in these rules and regulations shall not constitute a period of separation. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous permanent County employment. If there remain ties in seniority rights, such ties shall be broken by counting total time in the department in permanent'employment. Any remaining ties shall be broken by random selection among the employees involved. F. Eligibility for Layoff List.Whenever any person who has permanent status is laid off, has been displaced, has been demoted by displacement or has voluntarily demoted in lieu of layoff or displacement, or who has transferred in lieu of layoff or displacement, the person's name shall be placed on the layoff list for the class of positions from which that person has been removed. G. Order of Names on Lavoff. First, layoff lists shall contain the names of persons laid off, displaced or demoted as a result of a layoff or displacement, or who have voluntarily demoted or transferred in lieu of layoff or displacement or who have transferred in lieu of layoff or displacement. Names shall be listed in order of layoff seniority in the class from which laid off, displaced, demoted, or transferred on the date of layoff, the most senior person listed first. In case of ties in seniority, the seniority rules shall apply except that where there is a class seniority tie between persons laid off from different departments,the tie(s)shall be broken by length of last continuous permanent County employment with remaining ties broken by random selection among the employees involved. H. Duration of Layoff and Reemployment Rights. The name of any person granted reemployment privileges shall continue on the appropriate list for a period of two(2) SEIU 535 R&F - 21 - 2005-2008 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT years. Persons placed on layoff lists shall continue on the appropriate list for a period of four(4)years. I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or displacement or transferred in lieu of layoff or displacement.When a request for personnel is received from the appointing authority of a department from which an eligible(s)was laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list from the department. When a request for . personnel is received from a department from which an eligible(s)was not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period. A person employed from a layoff list shall be appointed at the same step of the salary range the employee held on the day of layoff. J. Removal of Names From Reemployment and Layoff Lists. 1. 'The Director of Human Resources may remove the name of any eligible from a reemployment or layoff_list for any reason listed.below:. a. For any cause stipulated in Section 404.1 of the Personnel Management Regulations. b. On evidence that the eligible cannot be located by postal authorities. C. On receipt.of a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for appointment in the class.. d. If three(3)offers of permanent appointment to the class for which the eligible list was established have been declined by the eligible. e. If the eligible fails to respond to the Director of Human Resources or the appointing authority within ten (10) days to written notice of certification mailed to the person's last known address. 2. If the person on the reemployment or layoff list is appointed to another position in the same or lower classification,the name of the person shall be removed: 3. However, if the first permanent appointment of a person on a layoff list is to a lower class which has a top step salary lower than the top step of the class from which the person was laid off, the name of the person shall not be removed from the layoff list. Any subsequent appointment of such person from the layoff list shall result in removal of that person's name. K. Removal of Names from Reemployment and Layoff Certifications. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff certification if the eligible fails to respond within five(5)days to a written notice of certification mailed to the person's last known address. SEIU 535 R&F - 22 . 2005-2008 MOU . SECTION 12 - HOLIDAYS 11.3 Notice. The County agrees to give employees scheduled for layoff at least ten (10) work days notice prior to their last day of employment. 11.4 Special Employment Lists.The County will establish a Tactical Employment Team (TET) employment pool which will include the names of all laid off County employees. Special employment lists for job classes may be established from the pool. Persons placed on a special employment list must meet the minimum qualifications for the class.An appointment from such a list will not affect the individual's status on a layoff list(s). Employees in the TET employment pool shall be guaranteed a job interview for any vacant funded position for which they meet the minimum qualifications. If there are more than five such employees who express an interest for one vacant funded position, the five most senior employees shall be interviewed. Seniority for this subsection shall be County seniority. 11.5 Reassignment of Laid Off Employees. Employees who displaced within the same classification from full time to part-time or intermittent status in a layoff, or who voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a position of another status than that from which they were laid off upon referral from the layoff list, may request reassignment back to their pre-layoff status(full time or part-time or increased hours). The request must be in writing in accord with each department's reassignment bid or selection process. Employees will be advised of the reassignment procedure to be followed to obtain reassignment back to their former status at the time of the workforce reduction.The most senior laid off employee in this status who requests such a reassignment will be selected for the vacancy; except when a more senior laid off individual remains on the layoff list and has not been appointed back to the class from which laid off,a referral from the layoff list will be made to fill the vacancy. 11.6 Further Study. The County agrees to meet with the Labor Coalition for study of the concept of employee's waiver of displacement rights in a layoff. SECTION 12 - HOLIDAYS 12.1 Holidays Observed.,The County will observe the following holidays: a. January 1 st, known as New Year's Day Third Monday in January known as Dr. Martin Luther King, Jr. Day Third Monday in February, known as Presidents' Day The last Monday in May, known as Memorial Day July 4th, known as Independence Day First Monday in September, known as Labor Day November 11 th, known as Veterans Day Fourth Thursday in November, known as Thanksgiving Day The Friday after Thanksgiving Day December 25th, known as Christmas Day Such other days as the Board of Supervisors may by resolution designate as holidays. b. Each full time employee shall accrue two (2) hours of personal holiday credit per month.Such personal holiday time may be taken in increments of one-tenth hour(six (6) minutes), and preference of personal holidays shall be given to employees according to their seniority in their department as reasonably as possible. SEW 535 R&F - 23 - 2005-2008 MOU SECTION 12 —HOLIDAYS' C. Permanent part-time employees shall receive personal holiday credit in the same ratio to the personal holiday credit given full time employees as the number of hours per week in the part-time employee's schedule bears to the number of hours in the regular full time schedule. d. Employees shall accrue their personal holiday credit during months they are in pay status provided however that no employee may accrue more than forty(40)hours of personal holiday credit. On separation from County service, an employee shall be paid for any unused personal credits at the employee's then current pay rate. e. Employees in positions which work around the clock shall continue to celebrate Admission Day, Columbus Day, and Lincoln's Day. 12.2 Application of Holiday Credit.The following provisions indicate how holiday credit is to be applied: a. Employees on the five (5)day forty(40)hour Monday through Friday work schedule shall be entitled to a holiday whenever a holiday is observed pursuant to the schedule cited above. b. Employees on a work schedule other than Monday through Friday shall be entitled to credit for any holiday,whether worked or not,observed by employees on the regular schedule. C. For all employees, if a work day falls on a scheduled holiday they shall receive overtime pay or equivalent compensatory time credit(holiday credit)for working the holiday; or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit.. 12.3 Holidays Falling on Saturday or Sunday. If any holiday listed-in Section 12.1.A above falls on.a Saturday, it shall be observed on the preceding Friday. If any holiday listed in Section 12.1.A falls on a Sunday, it shall be observed on the following Monday. 12.4 Accrual of Holiday Time & Credit. Employees entitled to holiday credit shall be permitted to elect between pay or compensatory time off in recognition of holidays worked. The following procedures shall apply to this.selection: a. Any person who is eligible and who elects to accrue holiday credit must agree to do so for a full fiscal year(July 1 through June 30), or the remainder thereof. b. Employees starting work after a list of those electing to accrue holiday credit has been submitted to the Auditor and approved, will be paid overtime unless they specifically request in writing within seven (7) calendar days to be placed on the holiday credit accrual list. C. Holiday time shall be accrued at the rate specified above to a maximum of eight(8) hours worked by the employee. d. Accrued holiday credit may not be accumulated in excess of two hundred eighty- eight(288)working hours,exclusive of regular vacation accruals.After two hundred eighty-eight(288) hours, holiday time shall be.paid at the rates specified above. SEW 535 R&F - 24 - 2005-2008 MOU SECTION 13 - VACATION LEAVE e. Accrued holiday credit may be taken off at times determined by mutual agreement of the employee and the Department Head. f. Accrued holiday credit shall be paid off only upon a change in status of the employee such as separation,transfer to another department or reassignment to a permanent- intermittent position. 12.5 Work Leave. Upon Board of Supervisors approval of the MOU, but no later than November 10,20%,each employee will receive 24 hours of Paid Time Off(PTO)(prorated for part- time and permanent intermittent employees). If an employee is not granted his/her choice of day off, the supervisor shall suggest an alternate date. If the employee and supervisor cannot agree on the alternate date, the employee shall observe the day off on the employee's birthday. An employee whose birthday falls on a scheduled day off, may observe the PTO on the scheduled work day immediately preceding or immediately following the employees' birthday. 24/7 shift employees unable to schedule time off will be cashed out for unused time at the end of the agreement. This provision shall automatically terminate upon expiration of the MOU,and except as noted above,an employee will not be allowed to cash out any unused time. 12.6 Holiday Schedule—Re-Opener. The parties agree to reopen the holiday schedule provisions of the Memorandum of Understanding for the purpose of ensuring consistent practices among the departments on holiday scheduling, and compliance with appropriate regulatory requirements. Any changes to the MOU and/or past practice, except those necessitated by legal requirements, shall be subject to agreement by both parties. If the County believes a change is necessitated by legal requirements, it shall notify the Union of the change and the legal basis thereof.The County shall offer to meet with the Union before the County.implements such change. SECTION 13 -VACATION LEAVE 13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies.Accrual for portions of a month shall be in minimum amounts of one (1) hour calculated on the same basis as for partial month compensation pursuant to Section 5.6—Compensation for Portion of Month of this MOU. Vacation may be taken in increments of one-tenth hour(six(6) minutes). Vacation credits may not be taken during the first six (6) months of employment (not necessarily synonymous with probationary status)except where sick leave has been exhausted;and none shall be allowed in excess of actual accrual at the time vacation is taken. Vacation Leave on Reemployment From a Layoff List. Employees with six (6) months or more service in a permanent position prior to their layoff, who are employed from a layoff list, shall be considered as having completed six (6) months tenure in a permanent position for the purpose of vacation leave.The appointing authority or designee will advise the Auditor-Controller's Payroll Unit in each case where such vacation is authorized so that appropriate Payroll system override actions can be taken. 13.2 Vacation Accrual Rates. Monthly Maximum Accrual Cumulative Length of Service Hours Hours SEW 535 R&F - 25 - 2005-2008 MOU SECTION 14'- SICK LEAVE Under 15 years 10 240 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 Employees in permanent part-time and permanent-intermittent positions shall accrue vacation benefits on a pro rata basis as provided in Section 36-1.006 of Board Resolution No. 81/1165. 13.3 Accrual During Leave Without Pay. No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 13.4 Vacation Allowance for Separated Employees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 13.5 Vacation Preference. Preference of vacation shall be given to employees according to their seniority in their department as reasonably as possible. SECTION 14—SICK LEAVE 14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by the County and may be used only as authorized; it is not paid time off which employees may use for personal activities. 14.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the rate of eight (8) working hours credit for each completed month of service, as prescribed by County Salary Regulations and memoranda of understanding. Employees who work a portion of a month are'entitled to a pro rata share of the monthly sick leave credit computed on the.same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one-tenth hour(six(6) minutes) increments. Unused sick leave credits accumulate from year to year. When an employee is separated other than through retirement,accumulated sick leave credits shall be canceled, unless the separation results from layoff, in which case the accumulated credits shall be restored if reemployed in a permanent position within the period of lay off eligibility. As of the date of-retirement, an employee's accumulated sick leave is converted to retirement time on the basis on one day of retirement service credit for each day of accumulated sick.leave credit. 14.3 Policies Governing the Use of Paid Sick Leave.As indicated above,the primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. The following definitions apply: "Immediate Family" means and includes only the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece, nephew, father-in-law,mother-in-law,daughter-in-law,son-in-law,brother-in-law,sister-in-law,foster children, SEW 535 R&F - 26 - 2005-2008 MOU SECTION 14 - SICK LEAVE aunt, uncle, cousin,stepbrother,or stepsister,or domestic partner of an employee and/or includes any other person for whom the employee is the legal guardian or conservator,or any person who is claimed as a "dependent"for IRS reporting purposes by the employee. "Employee" means any person employed by Contra Costa County in an allocated position in the County service. "Paid Sick Leave Credits"means those sick leave credits provided for by County Salary Regulations and memoranda of understanding. "Condition/Reason" With respect to necessary verbal contacts and confirmations which occur between the department and the employee when sick leave is requested or verified, a brief statement in non-technical terms from the employee regarding inability to work due to injury or illness is sufficient. Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: a. Temporary 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. b. Permanent Disabilitv Sick Leave. Permanent disability means the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which the employee is qualified by reason of education, training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: 1. An application for retirement due to disability has been filed with the Retirement Board. 2. Satisfactory medical evidence of such disability is received by the appointing authority within thirty(30)days of the start of use of sick leave for permanent disability. 3. The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. C. Communicable Disease.An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a communicable disease. d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability under the conditions set forth below: 1. Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability from the SEW 535 R&F - 27 - 2005-2008 MOU SECTION 14- SICK LEAVE employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician anticipates the disability to terminate. 2. If an employee does.not apply for leave and the appointing authority believes that the employee is'not able to properly perform her work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscarriage,abortion,childbirth or recovery therefrom the employee shall be required to undergo a physical examination by a physician selected by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3. Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. e. Medical and Dental Appointments. An employee may use paid sick leave credits: 1. For working time used in keeping medical and dental appointments for the employee's own care; and 2. For working time used by an employee for prescheduled medical and dental appointments for an immediate family member. f. Emergency Care of Familv.An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. g. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family or of the employee's domestic partner, but this shall not exceed three (3)working days, plus up Ito two (2) days of work time for necessary travel. Use of additional accruals including sick leave when appropriate, may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. h. Legal Adoption of a Child. Paid sick leave credits may be used by an employee upon adoption of the child. L Accumulated paid sick leave credits may not be used in the following situations: 1. Vacation. Paid sick leave credits may not be used for an employee's illness or injury which occurs while he is on vacation but the County Administrator may authorize it when extenuating circumstances exist and the appointing authority approves. .2.' Not in Pay Status. Paid sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status. SEW 535 R&F - 28 - 2005-2008 MOU SECTION 14 - SICK LEAVE 14.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of the employee and the department head. The following procedures apply: a. Employee Responsibilities. 1. Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2. Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work. 3. Employees are responsible for obtaining advance approval from their supervisor for the scheduled time of pre-arranged personal or family medical and dental appointment. 4. Employees are encouraged to keep the department advised of(1)a current telephone number to which sick leave related inquiries may be directed,and (2) any condition(s) and/or restriction(s) that may reasonably be imposed regarding specific locations and/or persons the department may contact to verify the employee's sick leave. b. Department Responsibilities. The use of sick leave may properly be denied if these procedures are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. Departmental approval of sick leave is a certification of the legitimacy of the sick 1eave claim. The department head or designee may make reasonable inquiries about employee absences. The department may require medical verification for an absence of three (3) or more working days. The department may also require medical verification for absences of less than three(3) working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: 1. Calling the employee's residence telephone number or other contact telephone number provided by the employee if telephone notification was not made in accordance with departmental sick leave call-in guidelines. These inquiries shall be subject to any restrictions imposed by the employee under Section 14.4.a. 2. Obtaining the employee's signature on the Absence/Overtime Record,or on another form established for that purpose, as employee certification of the legitimacy of the claim. . 3. Obtaining the employee's written statement of explanation regarding the sick leave claim. 4. Requiring the employee to obtain a physician's certificate or verification of the employee's illness, date(s) the employee was incapacitated, and the employee's ability to return to work, as specified above.- 5. In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as specified above. SEW 535 R&F - 29 - 2005-2008 MOU SECTION 14- SICK LEAVE Department heads are responsible for establishing.timekeeping procedures which will insure the submission .of a time card covering each employee absence and for operating their respective offices in accordance with these policies and with clarifying regulations issued by the Office of the County Administrator. To help assure uniform policy application, the Human Resources Director or designated management staff of the County Human Resources Department should be contacted with respect to sick leave determinations about which the department is in doubt. 14.5 Disability. A. An employee physically or mentally incapacitated for the, performance of duty is subject to dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937. An appointing authority after giving notice may place an employee on leave if the appointing authority has filed an application for disability retirement for the employee, or whom the appointing authority believes to be temporarily or permanently physically or mentally,incapacitated for the performance of the employee's duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or ' safety of the employee, other employees, or the public, or,which impair the employee's performance'of duty, may order the employee to undergo at County expense and on the employee's paid time, a physical, medical examination by a licensed physician and/or a psychiatric examination by a licensed physician or psychologist, and receive a report'of the findings on such examination. If the examining physician or psychologist recommends that treatment for physical or mental health problems, including leave,are in the best interests of the employee or the County in relation to the employee overcoming any disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due to temporary or permanent disability shall be without prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee is entitled other than regular salary. The Human Resources Director may order lost pay restored for good cause and subject to the employee's duty to mitigate damages. D. Before an employee returns to work from any absence for illness or injury, other leave of absence or disability leave,exceeding two weeks in duration,the appointing authority may order the employee to undergo at County expense a physical,medical, and/or psychiatric examination by a licensed physician,and may consider a report of the findings on such examination.. If the report shows that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as he deems necessary in accordance with appropriate provisions of this MOU. E. Before an employee is placed on an.unpaid leave of absence or.suspended because of physical or mental incapacity under(a)or(b)above,the employee shall be given notice of the proposed leave of absence or suspension by letter or memorandum, delivered personally or by certified mail, containing the following: SEW 535 R&F - 30 - 2005-2008 MOU SECTION 14 - SICK LEAVE 1, a statement of the leave of absence or suspension proposed; 2, the proposed dates or duration of the leave or suspension which may be indeterminate until a certain physical or mental health condition has been attained by the employee; 3. a statement of the basis upon which the action is being taken; 4. a statement that the employee may review the materials upon which the action is taken; 5. a statement that the employee has until a specified date(not less than seven (7)work days from personal delivery or mailing of the notice)to respond to the appointing authority orally or in writing. F. Pending response to the notice the appointing authority for cause specified in writing may place the employee on a temporary leave of absence, with pay. G. The employee to whom the notice has been delivered or mailed shall have seven(7) work days to respond to the appointing authority either orally or in writing before the proposed action may be taken. H. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension in writing stating specifically the basis upon which the action is being taken, delivering the order to the employee either personally or by certified mail, effective either upon personal delivery or deposit in the U.S. Postal Service. I. An employee who is placed on leave or suspended under this section may,within ten (10) calendar days after personal delivery or mailing to the employee of the order, appeal the order in writing through the Director of Human Resources to the Merit Board. Alternatively, the employee may file a written election with the Director of Human Resources waiving the employee's right to appeal to the Merit Board in favor of appeal to a Disability Review Arbitrator. J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator, the employee has the burden of proof to show that either: 1. the physical or mental health condition cited by the appointing authority does not exist, or 2. the physical or mental health condition does exist, but it is not sufficient to prevent, preclude, or impair the employee's performance of duty, or is not sufficient to endanger the health or safety of the employee,other employees, or the public. K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the Director of Human Resources to the Merit Board for hearing under the Merit Board's Procedures, Section 1114-1128 inclusive. Medical reports submitted in evidence in such hearings shall remain confidential information and shall not be a part of the public record. SEW 535 R&F - 31 - 2005-2008 MOU SECTION 14- SICK LEAVE L. If the appeal is to a Disability Review Arbitrator, the employee (and his representative) will meet with the County's representative to mutually select the Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a rehabilitation specialist,or some other recognized specialist mutually selected by the parties. The arbitrator shall hear and review the evidence. The decision of the Disability Review Arbitrator shall be binding on both the County and the employee. Scope of the Arbitrator's Review. 1. The arbitrator may affirm, modify or revoke the leave of absence or suspension. 2. The arbitrator may make his decision based only on evidence submitted by the County and the employee. 3. The arbitrator may order back pay or paid sick leave credits for any period of leave of absence or suspension if the leave or suspension is found not to be sustainable, subject to the employee's duty to mitigate damages. 4. The arbitrator's fees and expenses shall be paid one-half by the County and one-half by the employee or employee's association. M. It is understood that the benefits specified in Sections 14 and 15 shall be coordinated with the rehabilitation program as determined by the labor-management committee. 14.6 Workers' Compensation. A permanent non-safety employee shall continue to receive the appropriate percent regular'monthly salary,for all accepted claims filed before January 1, 2000,during any period of compensable temporary disability absence not to exceed one year. For all accepted claims filed with the County on or after January 1, 2000, the percentage of pay for employees entitled to Workers' Compensation shall be decreased from 87% to 86%. For all accepted claims filed with the County on or after January 1,2007,the percentage of regular monthly salaryfor employees entitled to Workers'Compensation shall be decreased from eighty-six percent (86%)to eighty percent(80%). For all accepted claims filed with the County on or after January 1, 2008, the percentage of regular monthly salary for employees entitled to Workers' Compensation shall be decreased from eighty percent (80%) to seventy-five percent (75%). This provision excludes those safety employees entitled to benefits as defined under the Workers'Compensation Laws of California, Labor Code Section 4850. If Workers' Compensation becomes taxable, the County agrees to restore the original benefit level (100% of monthly salary) and the parties shall meet and confer with respect to funding the increased cost. A. Employees who leave work as a result of an on-the-job injurywill have the balance of that day charged to continuing pay.This will be considered as the last day worked for purposes of determining Workers' Compensation benefits. A permanent employee shall receive the authorized percentage of regular salary during any period of compensable temporary disability absence. "Compensable temporary disability absence" for the purpose of this Section, is any absence due to work connected disability which qualifies for temporary disability compensation as set forth in Part 2, Article 3 of the Workers' Compensation Laws of California. When any disability becomes permanent, the salary .provided in this Section shall terminate. The employee shall return to the County all temporary disability payments received by him/her from any County funded wage replacement program. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and SEW 535 R&F - 32 - 2005-2008 MOU SECTION 14 - SICK LEAVE vacation rights shall not accrue for those periods during which salary payments are made. The maximum period for the described salary continuation for any one injury or illness shall be one year from the date of temporary disability. B. Continuing Pay.A permanent employee shall receive the appropriate percentage as outlined above of regular monthly salary during any period of compensable temporary disability not to exceed one year. Payment of continuing pay and/or temporary disability compensation shall be made in accordance with Part 2,Article 3 of the Workers' Compensation Laws of California. "Compensable temporary disability absence" for the purpose of this Section, is an absence due to work connected disability which qualifies for temporary disability compensation as set forth in Part 2, Article 3 of the Workers' Compensation Laws of California. When any disability becomes medically permanent and stationary and/or reaches maximum medical improvement,the salary provided by this Section shall terminate. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which continuing pay is received. Employees shall be entitled to a maximum of one (1) year of continuing pay benefits for any one injury or illness. Continuing pay begins at the same time that temporary Workers' Compensation benefits commence and continues until either the member is declared medically permanent/stationary and/or reaches maximum medical improvement, or until one (1)year of continuing pay,whichever comes first provided the employee remains in an active employed status.Continuing pay is automatically terminated on the date an employee is separated from County service by resignation, retirement, layoff, or the employee is no longer employed by the County. In these instances, employees will be paid Workers'Compensation benefits as prescribed by Workers'Compensation laws. All continuing pay will be cleared through the County Administrator's Office, Risk Management Division. Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working ours, the employee shall be allowed time off up to three (3) hours for such treatment without loss of pay or benefits, provided the employee notifies his supervisor of the appointment at least three (3)working days prior to the appointment or as soon as the employee becomes aware the appointment has been made. 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. Full Pay Beyond One Year. If an injured employee remains eligible for temporary disability beyond one(1)year,the authorized salary will continue by integrating sick leave and/or vacation accruals with Workers' Compensation benefits. If salary integration is no longer available, Workers' Compensation benefits will be paid directly to the employee as prescribed by Workers' Compensation laws. D. Rehabilitation Integration. An injured employee who is eligible for Workers' Compensation Rehabilitation Temporary Disability benefits and whose disability is medically permanent and stationary and/or reaches maximum medical improvement, will continue to receive his/her applicable salary by integrating sick leave and/or vacation accruals with Workers'Compensation Rehabilitation Temporary Disability SEW 535 R&F - 33 - 2005-2008 MOU SECTION 14- SICK LEAVE benefits until those accruals are exhausted.Thereafter,the rehabilitation temporary disability benefits will be paid directly to the employee. E. Health Insurance.The County contribution to the employee's group insurance plan(s) continues during the continuing pay period and during integration of sick leave or vacation with Workers' Compensation benefits. F. Method of Integration. An employee's sick leave and/or vacation charges shall be. calculated as follows: C = 8 [1 - (W - S)] C = Sick leave or vacation charge per day (in hours W = Statutory Workers' Compensation for a month S = Monthly salary 14.7 Leave Without Pay. No employee who has been granted a leave without pay or unpaid military leave shall accrue any sick leave-credits during the time of such leave, nor shall an employee who is absent without pay accrue sick leave credits during the absence. 14.8 State Disability Insurance(SDI). Effective July 1, 1994 the County will begin a six- month pilot program for employees eligible for State Disability benefits. At the end of the six (6) month pilot program,the County will meet and confer to evaluate whether the plan will be continued. Employees eligible for SDI benefits will be required to make application for SDI benefits and to have those benefits integrated with the use of their sick leave accruals on the following basis: 14.9 General Provisions. The California SDI program provides disability benefits beginning on the eighth (8) calendar day of a qualifying disability unless the employee is hospitalized. Upon hospitalization, benefits can be payable from the first day of the disability. If the disability exceeds fourteen (14) calendar days, benefits can be payable from the first day of the disability. The maximum period of state disability payments is up to one (1)year. Determination of SDI payments and eligibility to receive payments is at the sole discretion of the State of California. Integration means that employees will be required to use sick leave accruals to supplement the difference between the amount of the SDI payment and the employee's base monthly salary. Integration of sick leave with the SDI benefit is automatic and cannot be waived. Integration applies to all SDI benefits paid. For employees off on SDI,the department will make appropriate integration adjustments, including retroactive adjustments if necessary. Employees must inform their department of hospitalization in a timely'manner in order for the department to make appropriate integration adjustments. State Disability benefit payments will be sent directly to the employees at their home address by the State of California. When there are insufficient sick leave accruals available to fully supplement the difference between the SDI payment and the employee's base monthly salary, accruals other than sick leave may be used. These accruals may be used only to the extent that total payments do not exceed the employee's base monthly salary. 14.10 Procedures. Employees with more than 1.2 hours of sick leave accruals at the beginning of the disability integration period must integrate their sick leave accrual usage with their SDI benefit to the maximum extent possible. SEW 535 R&F . 34 . 2005-2008 MOU SECTION 14 - SICK LEAVE When employees have 1.2 hours or less of sick leave accruals at the beginning of the disability integration period, the department shall automatically use 0.1 hour of sick leave per month for the duration of their SDI benefit. When sick leave accruals are totally exhausted, integration with the SDI benefit terminates. An employee may use any other accruals without reference to or integration with the SDI benefit. When the SDI benefit is exhausted, sick leave integration terminates.Then the employee may use sick leave or other accruals. Employees with no sick leave balance at the beginning of the disability integration period may use any other accruals without reference to or integration with the SDI benefit. Employees whose SDI claims are denied must present a copy of their claim denial to their department.The department will then authorize use of unused sick leave and shall authorize the use of other accruals as appropriate. Employees may contact the Human Resources Department, Benefits Division, for assistance in resolving problems. 14.11 Method of Integration. Until an employee has a balance of 1.2 hours of sick leave, the employee's sick leave accrual charges while receiving SDI benefits shall be calculated each month. The amount of sick leave charged each employee will be calculated in the following manner: The percentage of base monthly salary not covered by the SDI benefit will be applied to the daily hours in the employee's schedule and that number of sick leave hours will be charged against the employee's sick leave accruals. For purposes of integration with the SDI program, all full time employees' schedules will be converted to 8-hour/5-day weekly work schedules during the period of integration. The formula for full time employees'sick leave integration charges is shown below: L = [(S-D)_ S] x 8 S = Employee Base Monthly Salary H = Estimated Highest Quarter(3-mos) Earnings [H = S x 3] W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table C = Calendar Days in each Month D = Estimated Monthly SDI Benefit[D = (W = 7) x C] L = Sick Leave Charged per Day Permanent part-time, permanent-intermittent employees, and those full time employees working a light/limited duty reduced schedule program shall have their sick leave integration adjusted accordingly. 14.12 Definition."Base Monthly Salary"for purposes of sick leave integration is defined as the salary amount for the employee's step on the salary schedule for the employee's permanent classification as shown in the"Salary"field on the On-Line Payroll Time Reporting System used by departments for payroll reporting purposes. SEW 535 R&F - 35 - 2005-2008 MOU SECTION 15 - CATASTROPHIC LEAVE BANK 14.13 Conversion to the New SDI Program. For all employees receiving SDI benefits prior to July 1, 1994,,conversion to the new SDI program operated by 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 overto the County by June 30, 1994,will be deposited and used to buy back the employee's sick leave,with sick leave credits appearing on the July 10th pay warrants insofar as possible. All Employee SDI benefit checks received, but not signed over to the County, by June 30, 1994,will be returned to the employee.All employee SDI benefit checks received after June 30, 1994,will be returned.to the employee. In both these situations, no sick leave buy back will be made, regardless of the calendar period to which the benefit checks pertain. Program transfer to departmental payroll staff will be effective July 1, 1994 for the month of July with the first computation of SDI benefits and integration with sick leave under the new program made on the August 10, 1994 pay warrants covering the July 1994 payroll period. 14.14 Disability Insurance Review Committee. The County shall establish a Disability Insurance Review Committee consisting of one(1)representative from each employee organization and four (4) management representatives to review and recommend to the Director of Human . Resources the feasibility of implementing a self-funded and self-administered disability insurance program. 14.15 Employee Annual Health Examination. Employees of the County who work in a Health Services Department facility will annually be required to complete a Health Questionnaire and take a Tuberculosis Skin Test. A chest X-ray will be required if the employee has previously had a positive reaction to a tuberculosis skin test. However, employees will not be required to take X-ray exams in excess of what is required by applicable Federal and State laws. Employees will also be requested to be screened for Rubella immunity. If the result of the Rubella test is negative, the appointing authority or designee will recommend that the employee become immunized. If the employee has direct patient contact and refuses to become immunized, said employee will be relocated to an indirect patient contact area. SECTION 15 -CATASTROPHIC LEAVE BANK 15.1 Program Design. The -County Human Resources Department will operate a Catastrophic Leave Bank which is designed to assist any County employee who has exhausted all paid accruals due to a serious or catastrophic illness, injury,or condition of the employee or family member. The program establishes and maintains a Countywide bank wherein any employee who wishes to contribute may authorize that a portion of his/her accrued vacation, compensatory time, holiday compensatory time or floating holiday be deducted from those account(s)and credited to the Catastrophic Leave Bank..Employees may donate hours either to a specific eligible employee or to the bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred to a requesting employee's sick leave account so that employee may remain in paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury, or condition. Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical impairment or disability which manifests itself during employment. 15.2 Operation. SEW 535 R&F - 36 - 2005-2008 MOU SECTION 15 - CATASTROPHIC LEAVE BANK A. The plan will be administered under the direction of the Human Resources Director. The Human Resources Department will be responsible for receiving and recording all donations of accruals and for initiating transfer of credits from the Bank to the recipient's sick leave account. Disbursement of accruals will be subject to the approval of a six(6)member committee composed of three(3)members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests for credits and shall make determinations as to the appropriateness of the request. The committee shall determine the amount of accruals to be awarded for employees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requestor basis. B. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and shall be treated as regular sick leave accruals. C. To receive credits under this plan, an employee must have permanent status, must have exhausted all time off accruals to a level below eight (8) hours total, have applied for.a medical leave of absence and have medical verification of need., D. Donations are irrevocable unless the donation to the eligible employee is denied. Donations may be made in hourly blocks with a minimum donation of not less than four(4)hours per donations from balances in the vacation, holiday,floating holiday, compensatory time,or holiday compensatory time accounts. Employees who elect to donate to a specific individual shall have seventy-five percent(75%)of their donation credited to the individual and twenty-five percent(25%)credited to the Catastrophic Leave Bank. E. Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis.All computations will be on a standard 173.33 basis,except that employees on other than a forty(40)hour week will have hours prorated according to their status. F. Any recipient will be limited to a total of one thousand forty (1040) hours or its equivalent per catastrophic event; each donor will be limited to one hundred twenty (120) hours per calendar year. G. No element of this plan is grievable. All appeals from either a donor or recipient will be resolved on a final basis by the Director of Human Resources. H. No employee will have any entitlement to catastrophic leave benefits. The award of Catastrophic Leave will be at the sole discretion of the committee, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six months. The committee will be entitled to limit benefits in accordance with available contributions and to choose from among eligible applicants,on an anonymous basis,those who will receive benefits, except for hours donated to a specific employee. In the event a donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria,the donating employee may authorize the hours to be donated to the bank or returned to the donor's account. The donating employee will have fourteen (14) calendar days from notification to submit his/her decision SEW 535 R&F - 37 - 2005-2008 MOU SECTION 16-- LEAVE OF ABSENCE regarding'the status of their donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank. I. Any unused hours transferred to a recipient will be returned to .the Catastrophic Leave Bank. ' :SECTION 16 - LEAVE OF ABSENCE 16.1 Leave Without Pay. Any employee who has permanent status may be granted a leave of absence without pay upon written request,approved by the appointing authority; provided, however,that leaves for pregnancy, pregnancy disability,serious health conditions,and family care shall be granted in accordance with applicable state and federal law. 16.2 General Administration - Leaves of Absence: Requests for leave of absence without pay shall be made upon forms prescribed by the Director of Human Resources and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. A. Leave without pay maybe granted for any of the following reasons: 1. Illness, disability, or serious health condition; 2. pregnancy or pregnancy disability; 3. family care; 4. to take a course of study such as will increase the employee's usefulness on return to the position; 5. for other reasons or circumstances acceptable to the appointing authority. B. An employee must request family care leave at least thirty(30)days before the leave is to begin if the need for the leave is foreseeable. If the need is not foreseeable,the employee must provide written notice to the employer within five(5)days of learning of the event by which the need for family care leave arises. C. A leave without pay may be for a period not to exceed one (1) year, provided the appointing authority may extend such leave for additional periods.The procedure in granting extensions shall be the same as that in granting the original leave,provided that the request for extension must be made not later than thirty(30)calendar days before the expiration of the original leave. D. Nevertheless, a leave of absence for the employee's serious health condition or for family care (FMLA) shall be granted to an employee who so requests it for up to eighteen (18)weeks during a"rolling"twelve(12)month period measured backward from the date an employee uses his/her FMLA leave in accordance with Section 16.5 below. E. Whenever an employee who has been granted a leave without pay desires to return before the expiration of such leave, the employee shall submit a request to the n appointing authority in writing at least fifteen (15) days in advance of the,proposed SEW 535 R&F . 38 - 2005-2008 MOU SECTION 16 - LEAVE OF ABSENCE return. Early return is subject to prior approval by the appointing authority. The Human Resources Department shall be notified promptly of such return. F. Except in the case of leave of absence due to family care, pregnancy, pregnancy disability, illness,disability,or serious health condition,the decision of the appointing authority granting or denying a leave or early return from leave shall be subject to appeal to the Human Resources Director and not subject to appeal through the grievance procedure set forth in this MOU. 16.3 Furlough Days Without Pay.The existing VTO program shall be continued for the life of the contract. 16.4 Military Leave. Any employee who has permanent status and who is ordered to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof, shall be granted a military leave for the period of such service, plus ninety (90) days. Additionally, any employee who volunteers for service during mobilization under Executive Order of the President or Congress of the United States and/or the State Governor in time of emergency, shall be granted a leave of absence, if necessary, in accordance with applicable state or federal laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified,without any loss of standing of any kind whatsoever. An employee who has been granted a military leave shall not,by reason of such absence,suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the Director of Human Resources may deem necessary. 16.5 1Family Care Leave or Medical Leave.Upon request to the appointing authority,in a "rolling" twelve (12) month period measured backward from the date the employee uses his/her FMLA leave, any employee who has permanent status shall be entitled to at least eighteen (18) weeks (less if so requested by the employee) leave for: a. medical leave of absence for the employee's own serious health condition which makes the employee unable to perform the functions of the employee's position; or b. family care leave of absence without pay for reason of the birth of a child of the employee,the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. 16.6 Certification. The employee may be asked to provide certification of the need for family care leave or medical leave. Additional period(s) of family care or medical leave may be granted by the appointing authority. 16.7 Intermittent Use of Leave. The eighteen (18)week entitlement may be in broken periods, intermittently on a regular or irregular basis, or may include reduced work schedules depending on the specific circumstances and situations surrounding the request for leave. The SEW 535 R&F - 39 - 2005-2008 MOU SECTION 16 - LEAVE OF ABSENCE eighteen (18)weeks may include use of appropriate available paid leave accruals when accruals are used to maintain pay status., but use of such accruals is not required beyond that specified in Section 16.12 below. When paid leave accruals are used for a medical or family care leave, such time shall be counted as a part of the eighteen (18)week entitlement. 16.8 Aggregate Use for Spouses. In the situation where husband and wife are both employed by the County,the family care of medical leave entitlement based on the birth,adoption or foster care of a child is limited to an aggregate for both employees together of eighteen (18)weeks during a `rolling" twelve (12) month period measured backward from the date the employee uses his/her FMLA leave. Employees requesting family care leave are required to advise their appointing authority(ies)when their spouse is also employed by the County. 16.9 Definitions. For medical and family care leaves of absence under this section, the following definitions apply: a. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child who is under eighteen (18)years of age for whom an employee stands in loco parentis or for whom the employee is the guardian or conservator, or an adult dependent child of the employee. b. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian, conservator, or other person standing in loco,parentis to a child. C. Spouse: A partner in marriage as defined in California Civil Code Section 4100. d. Domestic Partner: An unmarried person, eighteen (18)years or older, to whom the employee is not related and with whom,the employee resides and shares the common necessities of life. e. Serious Health Condition:- An illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves either inpatient care in a hospital, hospice or residential health care facility or continuing treatment or continuing supervision by a health care provider(e.g. physician or surgeon)as defined by state and federal law. f. Certification for Family Care Leave:A written communication to the employer from a health care provider of a person for whose care the leave is being taken which"need not identify the serious health condition involved, but shall contain: 1. the date, if known, on which the serious health condition commenced; .'2. the probable duration of the condition; 3. an estimate of the amount of time which the employee needs to render care or supervision; 4. a statement that the serious'health condition warrants the participation of a family member to provide care during period of treatment or supervision; 5. if for intermittent leave or a reduced work schedule'leave, the certification should indicate,that the intermittent leave or reduced leave schedule is SEW 535 R&F - 40 - 2005-2008 MOU SECTION 16 - LEAVE OF ABSENCE necessary for the care of the individual or will assist in their recovery,and its expected duration. g. Certification for Medical Leave:A written communication from a health care provider of an employee with a serious health condition or illness to the employer,which need not identify the serious health condition involved, but shall contain: 1. the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employee's job; 4. if for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule and its expected duration. h. Comparable Positions:A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave. Ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co- workers, supervisor(s), or other staffing may have changed during an employee's leave. 16.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under Section 14.3.d - Sick Leave Utilization for Pregnancy Disability, that time will not be considered a part of the eighteen (18)week family care leave period. 16.11 Group Health Plan Coverage. Employees who were members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the County contribution by maintaining their employment in pay status as described in Section 16.12. During the eighteen (18)weeks of an approved medical or family care leave under Section 16.5 above, the County will continue its contribution for such health plan coverage even if accruals are not available for use to maintain pay status as required under Section 16.12. In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain their group health plan coverage,either through payroll deduction or by paying the County directly.. 16.12 Leave Without Pay- Use of Accruals. A. All Leaves of Absence. During the first twelve (12) month period of any leave of absence without pay, an employee may elect to maintain pay status each month by using available sick leave (if so entitled under Section 14.3-Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements; in other words,during the first twelve(12)months,a leave of absence without pay may be "broken" into segments and accruals used on a monthly basis at the employee's discretion. After the first twelve (12) months, the leave period may not be "broken" into segments and accruals may not be used, except when,required by LTD Benefit Coordination or SDI/Sick Leave Integration Section 14.8— State Disability Insurance, or as provided in the sections below. SEW 535 R&F - 41 - 2005-2008 MOU SECTION 16 - LEAVE OF ABSENCE B. Family Care or Medical Leave (FMLA). During the eighteen (18) weeks of an approved medical or family care leave, if a portion of that leave will be on a leave of absence without pay, the employee will be required to use at least 0.1 hour of sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid Sick Leave), vacation floating holiday, compensatory time'off or other .accruals or entitlements if such are available, although use of additional,accruals is permitted under subsection A. above. C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible employee who files an LTD claim and concurrently takes a leave of absence without pay will be required to use accruals as provided in Section B herein during the eighteen (18) week entitlement period of a medical leave specified above. If an eligible employee continues beyond the eighteen (18)weeks entitlement period on a concurrent leave of absence/LTD claim, the employee may choose to maintain further pay status only as allowed under subsection A. herein. D. Sick leave accruals may not be used during any leave of absence,except as allowed under Section 14.3 - Policies Governing the Use of Paid Sick Leave. 16.13 Leave of Absence Replacement and Reinstatement. Any permanent employee who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to a position in that classification and department and then only on the basis of seniority. In case of severance from service by reason of the reinstatement of a permanent employee, the provisions of Section 11 - Seniority, Workforce Reduction, Layoff, & Reassignment shall apply. 16.14 Leave of Absence Return. In the Department of Employment&Human Services an employee shall have the right to return to the same class, building,and assignment(position control number) if the return to work is within eighty-nine (89) consecutive days from the initial date the employee started leave of absence. At such time the leave of absence is approved by the Appointing Authority,the Department of Employment&Human Services shall notify the employee of the final date by which they shall return to be assigned to the same position control number. 16.15 Reinstatement From Family Care Medical Leave. In the case of a family care or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or comparable position if the return to work is after no more than ninety(90)work days of leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a full schedule is after no more than seven hundred twenty (720) hours, including use of accruals, of intermittent or reduced schedule leave. At the time the original leave is approved, the appointing authority shall notify the employee in writing of the final date to return to work,or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position.An employee on a schedule other than 5/40 shall have the time frame for reinstatement to the same or comparable position adjusted on a pro rata basis. 16.16 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six(6)months during the preceding year shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. SEW 535 R&F - 42 - 2005-2008 MOU SECTION 17- JURY DUTY AND WITNESS DUTY 16.17 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked,or cancelled by the appointing authority,or at the expiration of a leave shall be without pay. Such absence may also be grounds for disciplinary action. 16.18 Non-Exclusivity.Other MOU language on this subject,not in conflict,shall remain in effect. 16.19 Time Off to Vote. Employees represented by the Union who do not have sufficient time outside of working hours to vote at a statewide election, may, without loss of pay, take off enough working time which will enable the employee to vote. No more than two (2)hours of the time taken off for voting shall be without loss of pay. The time off for voting shall be only at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift. Any employee seeking time off to vote under the provisions of this Section, must submit a written request, at least two (2)working days in advance, to his or her immediate supervisor, stating the following: name;job classification; department; a statement"I am a registered voter"; geographic location and address of the employee's polling place;amount of time off requested and whether it is to be at the beginning or end of the employee's regular work day; and a clear statement as to,why the employee is unable to vote during the regular hours that the polls are open. SECTION 17 -JURY DUTY AND WITNESS DUTY 17.1 Jury Duty. For purposes of this Section,jury duty shall be defined as any time an employee is obligated to report to the court. When called for jury duty,County employees, like other citizens,are expected to discharge their jury duty responsibilities. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. If summoned for jury duty in a Superior,or Federal Court,ora Coroners jury,employees may remain in their regular County pay status, or they may take paid leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses paid to them. When an employee is summoned for jury duty selection or is selected as a juror in a Superior or Federal Court, employees may remain in a regular pay status if they waive all fees (other than mileage), regardless of shift assignment and the following shall apply: a. If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered.The employee shall furnish the certificate to his department where it will be retained as a department record. No "Absence/Overtime Record" is required. b. An employee who elects to retain all fees must take leave(vacation,floating holiday, etc.)or leave without pay. No court certificate is required but an"Absence/Overtime Record" must be submitted to the department payroll clerk. Employees are not permitted to engage in any employment regardless of shift assignment or occupation before or after daily jury service that would affect their ability to properly serve as jurors. SEIU 535 R&F . 43 - 2005-2008 MOU SECTION 18 - HEALTH AND WELFARE, LIFE & DENTAL CARE An employee on short notice'standby to report to court, whose job duties make short notice response impossible or impractical, shall be given alternate work assignments for those days to enable them to respond to the court on short notice. When an employee is required to serve on jury duty, the County will adjust that employee's work schedule to coincide with a Monday to Friday schedule for the remainder of their service,unless the employee requests otherwise. Participants in 9/80 or 4/10 work schedules will not receive overtime or compensatory time credit for jury duty on their scheduled days off. Permanent-intermittent employees are entitled to paid jury duty leave only for those days on which they were previously scheduled to work. . 17.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to them (other than mileage allowances)or they make take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in Iprivate cases or personal matters (e.g., accident suits and family relations)shall take vacation leave.or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth in Section 17.1 of this MOU. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Permanent intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. SECTION 18 - HEALTH AND WELFARE, LIFE & DENTAL CARE 18.1 County Programs.The County will continue to offer,existing County Group Benefit Programs of medical, dental and life insurance coverage to all permanent employees regularly scheduled to work twenty(20)or more hours per week as described in Attachment J of the current agreement between the County and the Labor Coalition. However,if a provider discontinues service to the County, the County shall immediately, upon knowledge of this potential, meet and confer regarding a replacement. 18.2 Rate Information.The County Benefits Division will make health and dental plan rate information available upon request to employees and departments. In addition, the County Benefits Division will publish and distribute to employees and departments information about rate changes as they occur during the year. 18.3 Medicare Rates. Corresponding Medicare rates for employees covered under this MOU shall be as follows: for Employee Only on Medicare by taking the Employee Only rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one (1) enrollee; for Employee and Dependent(s)with one (1)member on Medicare by taking the Employee and Dependent(s)rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one(1)enrollee;for Employee and Dependent(s)with two (2) members on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from . Social Security payments for two (2)enrollees. SEW 535 R&F 44 - 2005-2008 MOU SECTION 18 - HEALTH AND WELFARE, LIFE & DENTAL CARE 18.4 Partial Month.The County's contribution to the Health Plan premium is payable for any month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller. The responsibility for this payment rests with the employee. If payment is not made,the employee shall be dropped from the health plan.An employee is thus covered by the health plan for the month in which compensation is paid. 18.5 Coverage During Absences.An employee on approved leave of absence shall be allowed to continue his/her health plan coverage at the County group rate for twelve (12) months provided that the employee shall pay the entire premium for the Health Plan during said leave. An employee on leave in excess of twelve (12) months may continue health plan coverage by converting to an individual health plan option (if available)or continuing group coverage subject to the provisions of the Consolidated Omnibus Budget Reduction Act(COBRA)provided the employee pays the entire cost of coverage, plus any administrative fees, for the option selected. The entire cost of coverage shall be paid at a time and place specified by the County. Late payment may result in cancellation of health plan coverage with no reinstatement allowed. An employee who terminates County employment may convert to individual health plan coverage,if available,or may continue County group health plan coverage to the extent provided under COBRA by making premium payments to the County at a time and place specified by the County. 18.6 Retirement Coverage.Upon retirement,employees may remain in the same County group medical plan if immediately before their retirement they are either active subscribers to one of the County Health Plans or if on authorized leave of absence without pay they have retained their membership by either continuing to pay their monthly premium to the County by the deadlines established by the County or converting to individual conversion membership from the County plan through the medical plan carrier, if available. All employees hired on or after the date this provision is adopted and implemented by the Board of Supervisors,will be eligible for Retiree Health Coverage pursuant to the terms outlined above,upon completion of fifteen (15)years of service with Contra Costa County. For purposes of retiree health eligibility, a year of service shall be defined as one thousand (1,000) hours worked within an anniversary year. The existing method of crediting service while an employee is on an approved leave of absence will continue during the term of this agreement. 18.7 Deferred Retirement. Effective January 1, 1997,employees who resign and file for a deferred retirement may continue in their County group health and dental plan; the following conditions and limitations apply: a. Life insurance coverage is not included. b. To be eligible to continue health and dental coverage, the employee must: 1. be qualified for a deferred retirement under the 1937 Retirement Act provisions. 2. be an active member of a County group health and/or dental plan at the time of filing their deferred retirement application and elect to continue health benefits. 3. be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty-four (24) months of their application for deferred retirement. SEIU 535 R&F - 45 - 2005-2008 MOU SECTION 18 HEALTH AND WELFARE, LIFE & DENTAL CARE 4'. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty (30) days before their separation from county service. C. Deferred retirees who elect continued health benefits hereunder may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement at their full personal expense, by paying the full premium for their health and dental coverage on or before the 11 th of each month to the Auditor-Controller. When they begin to receive retirement benefits, they will qualify for the same health and/or dental plan coverage and county subvention to which retirees who did not defer retirement are entitled. d. Deferred retirees who elect,continued health benefits hereunder may elect not to maintain participation in their county health and/or dental plan during their deferred retirement period; and may instead qualify for the same coverage and county subvention in any County health and/or dental plan when they begin to receive retirement benefits as retirees who did not defer retirement are entitled; provided reinstatement to a County group health and/or dental plan with county subvention occurs no sooner than the first of the month following a full three(3)calendar month waiting period after the commencement of their monthly allowance. e. Eligibility for County subvention will not exist hereunder unless and until the member draws a monthly retirement allowance within not more than twenty-four(24)months after separation from County service. f. Deferred retirees are required to meet the same eligibility provisions for health/dental plans as active/retired employees. 18.8 Dual Coverage. If a husband and wife both work for the County and one.of them is laid off, the remaining eligible shall be allowed to enroll or transfer into the health coverage combination of his/her choice. An eligible employee who is no longer covered for medical or dental coverage through a spouse's coverage shall be allowed to enroll or transfer into the health coverage combination of his/her choice within thirty(30) days of the date coverage is no longer afforded under the spouse's plan. 18.9 Health Care Spending Account.The Countywill offer regular full-time and part-time (20/40 or greater) County employees the option to participate in a Health-Care Spending Account (HCSA) Program designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre-determined amount of money from their paycheck, not to exceed $3000 per year, for health care expenses not reimbursed by any other health benefits plan with before-tax dollars. Effective January 1, 2007,this amount shall be increased from$3000 to $4500 per year. Effective January 1, 2008,this amount shall be increased to$5000 per year. HCSA dollars can be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance cannot be recovered by the employee. 18.10 Wellness Incentive Program.Abroad-based pilot Wellness Incentive Program will be developed with input from the joint Labor/Management Wellness Committee.The purpose of this program will be to reward County employees with incentives for participating in Wellness Program SEW 535 R&F - 46 - 2005-2008 MOU SECTION 19 - PROBATIONARY PERIOD activities and encourage them to live healthier lifestyles.The Wellness Committee will work closely with the Human Resources Department on program design and implementation. A. Program Design. The Wellness Incentive Program design will include the development of additional wellness activities to compliment the current Employee Wellness Program schedule and collaboration with health plan carriers to develop special programs and activities for County employees and to encourage participating in their established wellness activities.Special emphasis will be placed on supporting major programs such as Smoking Cessation, Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings, and Health Fairs. B. Format. A point value system for program participation will be developed wherein each wellness activity and program will be assigned a point value. Points will accumulate and incentive prizes will be awarded to employees upon realizing certain point levels.The value of the prizes will increase with higher point values and one(1) grand prize will be awarded each year to the employee with the highest number of points. C. Incentives. A series of incentive prizes will be assigned to certain point values. In addition, recognition for employee and department participation will be an important aspect of the Wellness Incentive Program. D. Referral.The parties agree to refer the Wellness Incentive Program to the Wellness Committee for its consideration. 18.11 Child Care. The County will continue to support the concept of non-profit child care facilities similar to the "Kids at Work" program established in the Public Works Department. 18.12 Confidentiality of Information/Records.Any use of employee medical records will be governed by the Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26). 18.13 . PERS Long Term Care.The County proposes to deduct and remit monthly premium and eligible lists to the PERS Long Term Care Administrator, at no County administrative cost, for County employees who are eligible and voluntarily elect to purchase long term care through the PERS Long Term Care Program. The County further agrees that County employees interested in purchasing PERS Long Term Care may participate in meetings scheduled by PERS Long Term Care on County facilities during non- work hours (i.e. coffee breaks, lunch hour). SECTION 19 -PROBATIONARY PERIOD 19.1 Duration.All appointments from officially promulgated employment lists for original entrance and promotion shall be subject to a probationary period. For original entrance appointments, the probationary period shall be from nine (9)months to two (2)years duration. For promotional appointments, the probation period shall be from six (6) months to two (2) years duration. 19.2 Classes With Probation Periods Over Six/Nine Months. Listed below are those classes represented by the Union which have probation periods in excess of nine (9) months for original entrance appointments and six (6) months for promotional appointments: None. SEW 535 R&F . - 47 - 2005-2008 MOU SECTION 19 - PROBATIONARY PERIOD 19.3 Revised Probationary Period.When the probationary period fora class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 19.4 Criteria. The probationary period shall commence from the date of appointment. It shall not include time served in provisional or temporary appointments or any period of continuous unpaid absence exceeding fifteen (15) calendar days, except as otherwise provided by law. For those employees appointed to permanent-intermittent positions with a nine(9)months probation period, probation will be considered completed upon serving fifteen hundred (1,500) hours after appointment except that in no instance will this period be less than nine (9)calendar months from the beginning of probation. If a permanent-intermittent probationary employee is reassigned to full time,credit toward probation completion in the full time position shall be prorated on the basis of one hundred seventy-three (173) hours per month. 19.5 Reiection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. A. Appeal from resection. Notwithstanding any other provisions of this section, an employee (probationer)shall have the right to appeal from any rejection during the probationary period based on political or religious affiliations or opinions, Union activities, or race, color, national origin; sex, age, disability, or sexual orientation. B. The appeal must be written, must be signed by the employee and set forth the' grounds and facts by which it is claimed that grounds for appeal exist under Subsection A and must be filed through the Director of Human Resources to the Merit Board by 5:00 p.m. on the seventh (7th)calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may have been based on grounds prohibited in Subsection A, it may refer the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If, after hearing,the Merit Board upholds the appeal,it shall direct that the appellant be reinstated in the position and the appellant shall begin a new probationary period unless the Merit Board specifically reinstates the former period. 19.6 Regular Appointment. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the . Director of Human Resources receive from the appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee is recommended for permanent appointment. A probationary employee may be rejected at any time during the probation period without regard to the Skelly provisions of this MOU,without notice and ' without right of appeal or hearing. If the appointing authority has not returned the probation report,a probationary employee may be rejected from the service within a reasonable time after the probation period for failure to pass probation. If the appointing authority fails to submit in a timely manner the proper written documents certifying that a probationary employee has, served in a satisfactory SEW 535 R&F _ 48 - 2005-2008 MOU SECTION 20 - PROMOTION manner and later acknowledges it was his or her intention to do so, the regular appointment shall begin on the day following the end of the probationary period. Notwithstanding any other provisions of the MOU,an employee rejected during the probation period from a position in the Merit System to which the employee had been promoted or transferred from an eligible list, shall be restored to a position in the department from which the employee was promoted or transferred. An employee dismissed for other than disciplinary reasons within six (6) months after being promoted or transferred from a position in the Merit System to a position not included in the Merit System shall be restored to a position in the classification in the department from which the employee was promoted or transferred. A probationary employee who has been rejected or has resigned during probation shall not be restored to the eligible list from which the employee was certified unless the employee receives the affirmative recommendation from the appointing authority and is certified by the Human Resources Director whose decision is final. The Director of Human Resources shall not certify the name of a person restored to the eligible list to the same appointing authority by whom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 19.7 Layoff During Probation. An employee who is laid off during probation, if reemployed in the same class by the same department, shall be required to complete only the balance of the required probation. If reemployed in another department or in another classification, the employee shall serve a full probationary period. An employee appointed to a permanent position from a layoff or reemployment list is subject to a probation period if the position is in a department other than the department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 19.8 Resection During Probation of Layoff Employee.An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within.the period of layoff eligibility. The employee shall begin a new probation period if subsequently certified and appointed in a different department or classification than that from which the employee was laid off. SECTION 20 - PROMOTION 20.1 Competitive Exam. Promotion shall be by competitive examination unless otherwise provided in this MOU. 20.2 Promotion Policy.The Director of Human Resources,upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 20.3 Open Exam. If an examination for one of the classes represented by the Union is proposed to be announced on an open only basis, the Director of Human Resources shall give five (5)days prior notice of such proposed announcement and shall meet at the request of the Union to discuss the reasons for such open announcement. SEW 535 R&F - 49 - 2005-2008 MOU SECTION 21 - TRANSFER 20;4 Promotion via Reclassification Without Examination. Notwithstanding other provisions of this Section, an employee may be promoted from one classification to a higher classification and his/her position reclassified at the request of the appointing authority and under the following conditions: a: An evaluation of the position(s) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. b. The incumbent of the position must have performed at the higher level for one (1) year. C. The incumbent must meet the minimum education and experience requirements for the higher class. d. The action must have approval of the Human Resources Director. e. The Union approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 20.5 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis,an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. If an employee who is qualified on a promotional employment list is separated from the merit system, except by layoff, the employee's name shall be removed from the promotional list. 20.6 Seniority Credits.Employees who have qualified to take promotional examinations and who have earned'a total score, not including seniority credits,of seventy percent(70%)or more, shall receive, in addition to all other credits, five one-hundredths of one percent (.05%) for each completed month of service as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, however,.shall receive more than a total of five percent (5%) credit for seniority in any promotional examination. 20.7 Promotional Employment List-Rule of Five.On each request for personnel from a promotional employment list for a class, five (5) names shall.be certified. If more than one (1) position is to be filled in such class in'a department at the same time and from the same request for personnel, the number of names to be certified from such promotional appointment list shall be equal to the number of positions to be filled plus four(4). 20.8 Physical Examination. County employees who are required as part of the promotional examination process to take a physical examination shall do soon County time at County expense. SECTION 21 -TRANSFER 21.1 Requirements:The following conditions are required in order to qualify for transfer: SEW 535 R&F - 50 - 2005-2008 MOU SECTION 22 - RESIGNATIONS a. The position shall be in the same class, or if in a different class shall have been determined by the Director of Human Resources to be appropriate for transfer on the basis of minimum qualifications and qualifying procedure; b. the employee shall have permanent status in the merit system and shall be in good standing; C. the appointing authority or authorities involved in the transaction shall have indicated their agreement in writing; d. the employee concerned shall have indicated agreement to the change in writing; e. the Director of Human Resources shall have approved the change. Notwithstanding the foregoing, transfer may also be accomplished through the regular appointment procedure provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. 21.2 Transfer Without Examination. With the approval of the appropriate appointing authority/authorities and the consent of the employee, the Director of Human Resources may transfer an employee from one job classification to another job classification without examination under the following conditions: a, the duties and responsibilities of the position from which the employee is being transferred are within the occupational area or directly associated with the duties and responsibilities of the position to which the employee is being transferred. b, the employee must possess the minimum qualifications for the job classification to which the employee is being transferred. C. the employee must serve the probationary period required for the classification into which the employee is being transferred. d, an employee rejected during the probationary period or who resigns during the probationary period for other than disciplinary reasons shall have the right at that time to be restored to a position in the classification in the department from which the employee was transferred. The Human Resources Director, upon request, will provide written justification for invoking this section. 21.3 Procedure. Any employee or appointing authority who desires to initiate a transfer may inform the Director of Human Resources in writing of such desire stating the reasons therefore. The Director of Human Resources shall, if he or she considers that the reasons are adequate and that the transfer will be for the good of the County service and the parties involved, inform the appointing authority or authorities concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. SECTION 22 - RESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination.Oral resignation shall be immediately confirmed SEW 535 R&F - 51 . 2005-2008 MOU SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION by the appointing authority in writing to the employee and to the Human Resources Department and shall indicate the effective date of termination. 22.1 Resignation in Good Standing.A resignation giving the appointing authority written notice at least two (2)weeks in advance of the last date of service (unless the appointing authority requires a longer period, up to four(4)weeks,for a specific reason, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 22.2 Constructive Resignation.A constructive resignation occurs and is effective when: a. An employee has been absent from duty for five (5) consecutive working days without leave; and b. five (5) more consecutive working days have elapsed without response by the employee after the mailing of a notice of resignation by the appointing authority to the employee at the employee's last known address. 22.3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative either on that date or another date specified. 22.4 Revocation.A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority,except that an oral resignation rescinded in writing by the end of the workday following the oral resignation will be accepted by the appointing authority. 22.5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice on the Director of Human Resources and a copy on the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, it shall be revoked and the employee returned to duty effective on the day following the appointing authority's acknowledgment without loss of seniority or pay. C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Director of Human Resources waiving the employee's right of appeal to the Merit Board in favor of the employee's appeal rights under the grievance procedure contained in Section 24 — Grievance Procedure of the MOU beginning with Step C. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. SECTION 23 DISMISSAL, SUSPENSION & DEMOTION SEW 535 R&F - 52 - 2005-2008 MOU SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION 23.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend or demote any employee for cause. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal,suspension or demotion may be based on reasons other than those specifically mentioned: a. absence without leave, b. conviction of any criminal act involving moral turpitude, C. conduct tending to bring the merit system into disrepute, d. disorderly conduct, e. incompetence or inefficiency, f. insubordination, g. being at work under the influence of liquor or drugs,carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises, h. neglect of duty, i.e. non-performance of assigned responsibilities L negligent or willful damage to public property or waste of public supplies or equipment, j. violation of any lawful or reasonable regulation or order given by a supervisor or Department Head, k. willful violation of any of the provisions of the merit system ordinance or Personnel Management Regulations, I. material and intentional misrepresentation or concealment of any fact in connection with obtaining employment, M. misappropriation of County funds or property, n. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this MOU, o. dishonesty or theft, P. excessive or unexcused absenteeism and/or tardiness. q. sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors,and other verbal,or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. 23.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before taking a disciplinary action to dismiss,suspend for more than five(5)work days,or demote an employee,the appointing authority shall cause to be served,either personally or by certified mail,on the employee, a Notice of Proposed Action, which shall contain the following: SEW 535 R&F - 53 . 2005-2008 MOU SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION a. ` A statement of the action proposed to be taken. b. A copy of the charges; including the acts or omissions and grounds upon which the action is based. C. If it is claimed that the employee has violated a rule or regulation of the County, department or district, a copy of said rule shall be included with the notice. d. A statement that the employee may review and request copies of materials upon which the proposed action is based. e. A statement that the employee has seven (7) calendar days to respond'to the appointing authority either orally or in writing. Employee Response.The employee upon whom a Notice of Proposed Action has been served shall have seven (7)calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing.the period to respond. If the employee's response is not filed within seven (7)days or.any extension, the right to respond is lost. 23.3 Leave Pending Employee Response. Pending response to a Notice of Proposed Action within the first seven (7) days, the appointing authority for cause specified in writing may place the employee on temporary leave of absence,with pay. 23.4 Length of Suspension. Suspensions without pay shall not exceed thirty(30)days unless ordered by an arbitrator, an adjustment board or the Merit Board. 23.5 Procedure on Dismissal, Suspension or Disciplinary Demotion. A. In any disciplinary action to dismiss, suspend, or demote an employee having permanent status in a position in the merit system, after having complied with the Provisions of Section 23.2,where applicable,the appointing authority shall make an order in writing stating specifically the causes for the action. B. Service of Order. Said order of dismissal,suspension,or demotion shall be filed with the Director of Human Resources, showing by whom and the date a copy was served upon the employee to be dismissed, suspended or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon personal service or deposit in the.U. S. Postal Service. C. Employee Appeals From Order. The employee may appeal an order of dismissal, suspension or demotion either to the Merit Board or through the procedures of Section 24-Grievance Procedure of this MOU provided that such appeal is fled in writing with the Human Resources Director within ten (10) calendar days after service of said order.An employee may not both appeal to the Merit Board and file a grievance under Section 24 of this MOU. 23.6 Employee Representation Rights. The County recognizes an employee's right to representation during an investigatory interview or meeting that may result in discipline. The County shall not interfere with the representative's right to assist an employee to clarify the facts during the . interview. If the employee requests a union representative, the investigatory interview shall be SEW 535 R&F - 54 - 2005-2008 MOU SECTION 24 - GRIEVANCE PROCEDURE temporarily recessed for a reasonable period of time until a union representative can be present. For those interviews,which by nature of the incident must take place immediately,the union will take reasonable steps to make a union representative immediately available. The employer shall inform the employee of the general nature of the investigation at the time the employer directs the employee to be interviewed. SECTION 24 -GRIEVANCE PROCEDURE 24.1 Definition and Procedural Steps. A grievance is any dispute.which involves the interpretation or application of any provision of this MOU excluding,however,those provisions of this MOU which specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. The Union may represent the grievant at any state of the process. Grievances must be filed within thirty (30) days of the incident or occurrence about which the grievant claims to have a grievance and shall be processed in the following manner: a. Step 1. Any employee or group of employees who believe that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the grievant's immediate supervisor,who shall meet with the grievant within five(5)days of receipt of a written request to hold such meeting. If the issue is not resolved, the procedures hereinafter may be invoked. Grievances challenging suspensions, reductions in pay, demotions and terminations may be filed at Step 2 within the time frame set forth above. b. Step 2. If a grievance is not satisfactorily resolved in Step 1 above,the grievant may submit the grievance in writing within ten (10)work days to such management official as the Department Head may designate. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied how misapplication or misinterpretation has affected the grievant to the grievant's detriment,and the redress the grievant seeks.A copy of each written communication on a grievance shall be filed with the Director of Human Resources.The Department Head or his or her designee shall have ten (10)work days in which to respond to the grievance in writing. C. Step 3. If a grievance is not satisfactorily resolved in Step 2 above,the grievant may appeal in writing within ten (10) work days to the Human Resources Director. The Human Resources Director or his or her designee shall have twenty(20)work days in which to investigate the merit of the complaint and to meet with the Department Head and the grievant and attempt to settle the grievance and respond in writing. d. Step 4. No grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 3 above and filed within ten (10)work days of the written response of the Human Resources Director or designee. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, such grievance shall be submitted in writing to an Adjustment Board comprised of three (3) Union representatives, no more than two (2) of whom shall be either an employee of the County or an elected or appointed official of the Union presenting this grievance,and three(3)representatives of the County, no more than two(2)of whom shall be either an employee of the County or a member of the staff of an organization employed to represent the County in the meeting and conferring process. Where the parties agree,the Adjustment Board may be comprised of two(2)Union representatives and SEW 535 R&F - 55 - 2005-2008 MOU SECTION 24 - GRIEVANCE PROCEDURE two(2)County representatives.The Adjustment Board shall meet within twenty(20) work days of receipt of the written request and render a decision. If the County fails to meet the time limits specified in Step 4 and the grievant demands in writing that an Adjustment Board be convened,the County will convene an Adjustment Board within ten (10)work days or the grievance will move to arbitration upon demand.This step of the grievance procedure may be waived by the written mutual agreement of the parties. e. Step 5. If an Adjustment Board is unable to arrive at a majority decision, either the grievant or the County may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the grievant and the Human Resources Director. Such request shall be submitted within twenty(20) work days of the rendering of the Adjustment Board decision. Within twenty (20) work days of the request for arbitration the parties shall mutually select an arbitrator who shall render.a decision within thirty (30) work days from the date of final submission of the grievance including receipt of the court reporter's transcript and post-hearing briefs, if any. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the grievant.and the County. Each party, however,shall bear the costs of its own presentation,including preparation and post- hearing briefs, if any. 24.2 Scope of Adiustment Board and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. B. No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in Subsection 24.1 above. C. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. If the Human Resources Director in pursuance of the procedures outlined in Subsection 24.1.0 above,or the Adjustment Board in pursuance of the provisions of Subsection 24.1.D above resolve a grievance which involves suspension or, discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time. E.. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Union or Association. 24.3 Time Limits.The time limits specified above may be waived by mutual agreement of the parties to the grievance. If the County fails to meet the time limits specified in Steps 1 through 3 SEW 535 R&F . 56 - 2005-2008 MOU SECTION 25 - BILINGUAL PROVISIONS above, the grievance will automatically move to the next step. If a grievant fails to meet the time limits specified in Steps 1 through 5 above,the grievance will be deemed to have been settled and withdrawn. 24.4 Compensation Complaints.All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Human Resources Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, if not detailed in the MOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than two(2)years from the date upon which the complaint was filed. No change in this MOU or interpretations thereof(except interpretations resulting from Adjustment Board or arbitration proceedings hereunder)will be recognized unless agreed to by the County and the Union. 24.5 No Strike. During the term of this MOU,the Union,its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, sickout, or refuse to perform customary duties. In the case of a legally declared lawful strike against a private or public sector employer which has been sanctioned and approved by the labor body or council having jurisdiction,an employee who is in danger of physical harm shall not be required to cross the picket line, provided the employee advises his or her supervisor as soon as possible, and provided further that an employee may be required to cross a picket line where the performance of his or her duties is of an emergency nature and/or failure to perform such duties might cause or aggravate a danger to public health or safety. 24.6 Merit Board. A. All grievances of employees in representation units represented by the Union shall be processed under Section 24 unless the employee elects to apply to the Merit Board on matters within its jurisdiction. B. No action under Paragraph C, D and E of Subsection 24.1 above shall be taken if action on the complaint or grievance has been taken by the Merit Board, or if the complaint or grievance is pending before the Merit Board. 24.7 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this MOU. 24.8 Union Notification. An official with whom a formal grievance is filed by a grievant who is included in a unit represented by the Union in the grievance, shall give the Union a copy of the grievance. SECTION 25 - BILINGUAL PROVISIONS 25.1 Salary Differential.A salary differential of eighty dollars($80.00)per month shall be paid incumbents of positions requiring bilingual proficiency as designated by the appointing authority and Director of Human Resources,or in the Department of Employment&Human Services,to those who translate in accordance with the designated criteria of one (1)day per week or twenty percent (20%)of the time or whose caseloads are twenty-five percent(25%)or more non-English speaking. Said differential shall be prorated for employees working less than full time and/or who are on an SEW 535 R&F - 57 - 2005-2008 MOU SECTION 26 - RETIREMENT CONTRIBUTION unpaid leave of absence for a portion of any given month. Designation of positions.for which bilingual proficiency is required is the sole prerogative of the County. Effective January 1, 2007 the current program differential shall be increased to a total of one hundred dollars ($100.00) per month. 25.2 Spanish Notices of Action.The County shall implement Spanish Notices of Action. 25.3 Non-English Speaking Caseloads. For those employees with twenty-five(25%)or more non-English speaking caseloads, their caseload shall be reduced by.ten percent (10%). - SECTION 26 - RETIREMENT CONTRIBUTION 26.1 . Contribution. Pursuant to-Government Code Section 31581.1, the County will continue to pay fifty percent (50%)of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOU, and shall terminate thereafter. Employees shall be responsible for payment of the employees'contribution for the retirement cost of living program as determined by the Board of Retirement of the Contra Costa County Employees' Retirement Association without the County paying any part of the employees share.The County will pay the remaining one-half('/2) of the retirement cost-of-living program contribution. The wage and retirement benefit provision for safety employees represented by SEW Local 535 expire September 30, 2006. 26.2 Tier III Retirement Plan. Subject to the enactment of enabling legislation amending the 1937 Employees' Retirement Act to allow such election, the County will permit certain Tier II employees to elect a Tier III Retirement Plan under the following conditions: 1. The County and the Labor Coalition must agree on the wording of the legislation and both parties must support the legislation. 2: Except for disability, all benefit rights, eligibility for and amounts of all other benefit entitlements for Tier III,from and after.the date of implementation,shall be the same as Tier I. The disability benefits for Tier III shall be the same as the current Tier I1 disability provisions. 3. The amount of the employee's required retirement contribution shall be established by the County Employees' Retirement Association and shall be based on the employee's age at entry into the retirement system. 4. . Employees represented by the Labor Coalition and its member employee organizations (herein referred to as Labor Coalition); enrolled in Tier II who have attained five (5) years of retirement credited service as of the effective date of the enabling legislation shall have a six(6)month period after such date to make a one time irrevocable election of the Tier III Retirement Plan expressed herein subject to action by the Board of Supervisors to implement the Plan. Thereafter, employees represented by the Labor Coalition enrolled in Tier II who have attained five(5)years of retirement credited service shall have a ninety(90)day period-to make a one time irrevocable election of the Tier III Retirement Plan expressed herein. SEW 535 R&F - 58 - 2005-2008 MOU SECTION 26 - RETIREMENT CONTRIBUTION 5. a. The County's employer contributions, and subvention of employee contributions for Labor Coalition employees electing Tier III which exceed those which would be required for Tier II membership shall: 1. be funded by reducing the general wage increase agreed upon to be effective October 1, 1997, and the pay equity amounts attributable thereto, by a percentage sufficient to reduce the County's wage obligation by three($3)million dollars per year;and the general wage increase of all employees represented by the Labor Coalition shall be reduced accordingly; and 2. in the event the County's costs attributable to the creation and operation of Tier III exceed $3 million per year or the County Employees' Retirement Association's actuaries determine in future years that the County's retirement costs have increased and that the increase is attributable to the creation of Tier III and/or the impact of Tier III on the County's retirement costs, such increase shall be funded by reducing the general wage increase(s) agreed upon in future years, and the pay equity amounts attributable thereto, to the extent that future wage increases are granted;and the general wage increase(s)of all employees represented by the Labor Coalition shall be reduced accordingly; and, 3. in the event the County's costs attributable to the Tier III Retirement Plan are less than$3 million per year,the difference shall be divided by twelve and each twelfth shall be augmented by an amount equal to the County's common pooled fund interest which would have accrued if one twelfth had been invested in the first month of the past year, two twelfths in the second month of the past year and so forth; and, 4. any savings to the County resulting from the creation and operation of Tier III shall be used to offset future County retirement cost increases attributable to the creation and operation of Tier III; and 5. County savings shall be held in an account by the Auditor-Controller which is invested in the County's common pooled fund and will accrue interest accordingly.The County will report yearly to the Labor Coalition on a)the beginning account balance,b)the interest earned, c)expenditures from the account to cover increased costs resulting from the Tier III Retirement Plan,and d)the ending account balance. b. Any increased costs to the County,due to Tier III participation by employees not represented by the Labor Coalition, shall not be funded by reduction of general wage increases otherwise due to the employees represented by the Labor Coalition. C. Subject to the provisions expressed above, any and all additional employer and County-paid employee contributions which exceed the sum of the County's legally.required contributions under Tier II shall be recovered by reducing general wage increases to the employees represented by the Labor Coalition. SEW 535 R&F - 59 - 2005-2008 MOU SECTION 26 - RETIREMENT CONTRIBUTION d. Any disputes regarding cost or savings shall be subject to binding arbitration upon demand of the Labor Coalition or the County. 6. a. The enabling legislation shall provide that the Tier 111 Retirement Plan may be implemented only by an ordinance enacted by the Board of Supervisors. b. Board of Supervisors' action to implement the Tier III Retirement Plan shall be taken not earlier than seven (7) months after the effective date of the legislation plus thirty(30)days after an actuarial report on the County cost of the Plan is received by the County, provided that before enactment of the ordinance, the Labor Coalition has not notified the County in writing that a one percent (1%) wage increase shall be implemented by the County effective October 1, 1997, without interest,in lieu of implementation of the Tier III Retirement Plan. 7. The establishment of the Tier III Retirement Plan pursuant to the terms of this Memorandum of Understanding shall be subject to approval by the Board of Retirement of the Contra Costa County Employees' Retirement Association. 8. In the event the County is prevented from implementing the Tier III Retirement Plan for any reason on or before the termination date of this MOU, the agreement of the parties regarding a Tier III Retirement Plan shall expire and a one percent(1%)lump sum wage increase shall be implemented by the County within sixty(60)days after the determination that Tier III cannot be implemented or as, soon thereafter as practicable for the period covering October 1, 1997 through such termination date, without interest, in lieu of the Tier III Retirement Plan. Effective October 1,2002,Tier 2 of the retirement plan shall be eliminated and all employees in Tier 2 of the retirement plan shall be placed in Tier 3.. Employees in Tier 2 with ten (10) or more years of County/District service, will be eligible to participate in the County's buy back program. Employees may replace Tier 2 benefits with Tier 3 benefits as follows: 1, Employee buys back two (2) years, County will buy back one (1) year for a total of three (3) years of buyback. 2. Employee buys back.four(4)years, County will buy back two (2).years for a total of six(6)years of buyback. 3, Employee buys back six (6) years, County will buy back three (3) years for a total of nine (9) years of buyback. 26.3 Safety Employees Retirement— Re-Opener A. For County employees who are covered by this agreement and are safety members of CCCERA, the retirement formula shall be "3 percent at 50". The cost of living adjustment (COLA) to the retirement allowance shall not exceed three (3) percent per year. The employee's final compensation shall be calculated based on a twelve (12)month salary average. Each such employee shall pay nine(9)percent of his or her retirement base to pay part of the employer's contributions for the cost of this retirement benefit. SEIU 535 R&F - 60 - 2005-2008 MOU SECTION 27 - TRAINING REIMBURSEMENT B. The County and the Union agree to reopen the agreement to meet and confer no later than March 31, 2008 on 1)the possible implementation of new retirement tiers for current and new safety employees; and 2) the percentage a safety employee would pay of his or her retirement base to pay part of the employer's contribution for the cost of each tier. Any changes in these two subject matter areas will occur only upon the written mutual agreement of the parties. SECTION 27 -TRAINING REIMBURSEMENT The Department of Employment&Human Services shall establish an annually renewable training reimbursement fund in the amount of$10,000 for the exclusive purpose of reimbursing employees covered by this agreement for the cost of tuition, fees, books, and other employee expenses incurred in the pursuit of work related education, continuing education, or work related graduate degree. In the Department of Employment & Human Services said fund shall replace the career development training reimbursement described in the County Administrative Bulletin on Training. .Career development training reimbursement for employees in the Health Services Department shall continue to be governed by the County Administrative Bulletin on Training which limits such reimbursement to seven hundred fifty dollars($750)per year. Registration and tuition fees for career development education may be reimbursed for up to fifty percent(50%)of the employee's net cost. Books necessary for courses taken for career development education may be reimbursed for up to one hundred percent(100%) of the employee's net cost. Those employees entering the Social Casework Assistant classification by the substitution pattern in the minimum qualifications shall be entitled to direct benefit tuition reimbursement under the County training reimbursement policy. Such employees requesting a leave of absence or permanent part- time positions for the purpose of completing a bachelor's degree shall be given priority consideration by the Department. Reimbursement under the above limits for the cost of books for career development shall be allowable. SECTION 28 -MILEAGE Effective May 1, 1992 the mileage allowance for use of personal vehicles on County business shall be paid according to the rates allowed by the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the Internal Revenue Service, whichever is later. SECTION 29 - RESPITE LEAVE WITHOUT PAY All employees represented by Local 535 shall be granted ten (10)days respite leave without pay per fiscal year. Such leave shall be taken in increments of one(1)full day(eight(8)hours)and shall be requested in writing.Conflicting requests for respite leave shall be resolved by the Department Head or designee with preference given to employees according to their seniority in the department, as reasonably as possible. Any balance in the ten (10)days respite leave which remains at the end of the fiscal year shall not be carried over into the next fiscal year. SECTION 30 -MENTAL HEALTH SCREENING DIFFERENTIAL Employees represented by Social Services Union, Local 535 who work in the Mental Health Screening Unit of County Medical Services shall receive a differential per hourworked at a premium of five percent(5%) of the hourly equivalent of the base rate; provided, however, that in the event SEW 535 R&F - 61 - 2005-2008 MOU SECTION 31 - CONSERVATORSHIP DIFFERENTIAL the conditions in Mental Health Screening are improved so that hazardous conditions no longer exist, such differential will no longer be applicable. SECTION 31 -CONSERVATORSHIP DIFFERENTIAL The County agrees that any employee in a classification represented by Local 535 who is assigned to a position, the work function of which is in the Conservatorship Program of the Department of Employment&Human Services,and the work assignment of which requires direct personal working contact on a regular daily basis with court-remanded clientele of the Conservatorship Program, as specified in Division 5, Part I, Chapter 3 of the Welfare & Institutions Code, shall receive a differential per hour worked at a premium of five percent(5%) of the hourly equivalent of the base rate while in pay status including paid vacation, paid sick leave, and paid holidays. SECTION 32 -NOTICE OF NEW EMPLOYEES The. County agrees to periodically mail to Social Services Union, Local 535 a list of names, classifications, and the designation of permanent employment category of new employees appointed to classifications represented by Local 535. Said periodic list will be mailed within the first five (5)working days of every month. SECTION 33 -PERSONNEL ACTIONS 33.1 Personnel Files. A, Inspection. Each employee, or an employee's representative so designated by written authorization of the employee, shall have,the right to inspect and review the employee's personnel file upon request at reasonable times and for reasonable periods during the regular business hours of the County. Employees shall be permitted to review their personnel files at the Personnel office during their work hours. For those employees whose work hours do not coincide with the County's business hours, management shall provide a copy of the employee's personnel file for their review. The custodian of records will certify that the copy is a true and correct copy of the original file. B, Documentation in the personnel file relating to the investigation of a possible criminal offense, medical records and information or letters of reference shall be specifically excluded from such inspection and review. C. Pre-employment reference material shall be removed from the personnel file after one (1)year of continuous employment with the County. D. Medical records may be released to.qualified medical authorities upon execution of a written release by the employee and with the concurrence of the County's medical authorities. E. An employee may request copies of other material contained in the personnel file. F. The employee shall bear the cost of the reproduction of copies. G. The County shall afford the employee the opportunity to respond in writing to any information contained in their personnel file. Such response shall be included in the employee's personnel file. SEW 535 R&F - 62 - 2005-2008 MOU SECTION 33 - PERSONNEL ACTIONS H. The Department shall maintain only one official personnel file 33.2 Counseling. A. Whenever an employee's job performance and/or conduct becomes less than satisfactory, counseling shall be provided.by the employee's first level supervisor. Such counseling shall specifically state the unsatisfactory nature of the employee's performance and/or conduct and specific ways in which the employee can bring such performance and/or conduct up to the satisfactory level. B. Said counseling shall be provided as soon as possible after the occurrence of the less than satisfactory performance and/or conduct. No adverse action shall be taken by the County against any employee unless such counseling has been provided and time for improvement has been given. C. The employee's first level supervisor shall prepare written documentation (including any applicable memos,WIDSI's, etc.)of such counseling and provide a copy of the documentation to the employee. D. The foregoing shall not apply to probationary employees or in those cases where immediate disciplinary action is necessary. E. If, after such a counseling session has occurred between a supervisor and employee, the employee requests of the Department Personnel Officer a meeting with a Steward/Officer of the Union and Department representatives,such a meeting shall be held. This meeting shall be held within fifteen (15)working days. 33.3 Copies. A. The County shall provide the employee with copies of all performance evaluation reports and letters of reprimand or warning or counseling memos prior to the placement of such documents in the employee's departmental personnel file. B. A counseling memo placed in an employee's departmental personnel file which is not referenced in the employee's subsequent performance evaluation shall be removed from the employee's departmental personnel file upon the written request of the employee. If an employee is not evaluated when an annual performance is due, the employee may request through the Department Personnel Officer that a performance evaluation be completed. If an employee has not had a performance evaluation within eighteen (18) months subsequent to a counseling memo being placed in the employee's department personnel file, the counseling memo shall be removed from the employee's personnel file, provided that there has not been a subsequent counseling memo on the same subject in that period of time. C. Upon written request of the employee,copies of letters of reprimand or warning shall be sent to the Union. 33.4 Performance Evaluation.The purpose of a performance evaluation for an employee is to measure the employee's performance against the job specifications and performance requirements of the position that the incumbent is filling. It answers the questions of how well an employee is doing in meeting the department's performance standards for this job. It satisfies a basic requirement for the employee to know where she/he stands with the organization in regard to SEW 535 R&F - 63 - 2005-2008 MOU SECTION 33 - PERSONNEL ACTIONS his/her performance. It delineates areas of strengths and weaknesses.Where performance is below standard, it suggests possible ways of making improvement. During the probationary period, the performance evaluation is used as the last phase of an individual's examination process. Probationary employees receive a preliminary evaluation at the end of three (3) months, and a final evaluation after their fifth (5th) month of probation. An overall rating of STANDARD must be received on the final probationary evaluation in order for the employee to achieve permanent status. Once an employee achieves permanent status, the employee's performance is evaluated at least once a year.Additional evaluations may be made between these required evaluations as necessary. Evaluations will also be made when an employee or supervisor terminates,orwhen an employee or supervisor is reassigned to another•unit and more than four(4)months have elapsed since the last written evaluation. In the event a permanent employee receives an-overall rating of BELOW STANDARD,such employee must be reevaluated within three (3) months following the date of the report. If the employee shows no significant improvement at the end of this period, a recommendation for demotion or dismissal will be made. However, if at the end of three months, there has been improvement but the employee's performance is still not at a STANDARD level,the employee may be given two (2) additional three-month periods to meet the standards if the supervisor agrees those standards will be reached during this period. The work performance of each employee is to be rated on all of the rating factors on the appropriate form. Each of these factors has been found to be of critical importance in determining successful job performance for employees. Individual rating factors and overall ratings of BELOW STANDARD must be substantiated in the Comments section, as well as suggestions or plans for improved performance in those areas. If some significant aspect of performance is above the level indicated by the factor rating, this may be pointed out by a statement in the Comments section to the employee. The Rater will discuss the report with the employee and provide the employee with a copy at that time if the employee wishes to discuss the report with the Reviewer. In signing the report, the employee is merely acknowledging having seen the report; it does not indicate agreement. DEFINITIONS OF RATINGS:A factor rating of STANDARD means that this part of the employee's work performance is consistently up to the level expected of a competent worker in the position.An overall rating of STANDARD means that the.employee's work performance is acceptable and will result,where pertinent, in receipt of salary increment,promotion,or permanent status.A factor rating of BELOW STANDARD means that this part of the employee's work performance is frequently below the level of a competent worker in the position and that effort should be made to improve.An overall rating of BELOW STANDARD means the employee's work performance is inadequate and may result in the loss or delay of the salary increment, demotion, dismissal, or rejection on probation. APPEAL PROCEDURE: If an employee believes his/her rating is improper,he/she should discuss it with the Rater. If still not satisfied,the employee should sign the report and place an"X"in the space provided by his/her signature to indicate he/she wishes to discuss the report with the Reviewer(the Social Service Division Manager). Within five (5) calendar days after being given a copy of the Report of Performance Evaluation,an employee who wishes consideration in addition to the Rater's evaluation should prepare a written statement to.the Reviewer as follows: 1) Identify the report by stating the date of the report, the name of the Rater, and the date the report was received; 2) SEW 535 R&F - 64 - 2005-2008 MOU SECTION 34 - SAFETY PROGRAM Specify the ratings or comments which he/she believes are incorrect and should be changed; 3) Give facts substantiating the requested changes to these ratings or comments; 4) Keep a copy of the written request and send the original to the Reviewer. Upon receiving the written statement, the Reviewer will have five (5) calendar days to meet with the employee to consider the employee's comments and to respond in writing. The Reviewer's response shall be given to the employee. A copy of the Reviewer's response along with the employee's written statement shall be attached to the Report of Performance Evaluation. Failure to allow the foregoing procedure is subject to the grievance procedure. However,disputes over the actual content or ratings themselves in individual evaluations are not grievable. SECTION 34 -SAFETY PROGRAM Health and safety standards shall be maintained in all County facilities to a maximum degree consistent with the conduct of-efficient operations. The Department of Employment & Human Services shall operate a department-wide employee health and safety program. This program shall consist of: a. A central department Safety Committee comprised of one(1)member appointed by Local 535 from each major building location, one (1) management employee who shall be the Building Manager for that location and other employee organization representatives, and the Department Personnel Officer, or designee. The Department Personnel Officer, or designee, will serve as chairperson. The committee shall meet every six(6)weeks. In the event that the appointed person is not available to chair the meeting on the scheduled date, an alternative chair will be appointed by the Personnel Officer or the meeting will be rescheduled within three (3)weeks unless mutually waived by the Union and the Department. Minutes of each meeting shall be recorded and distributed to each committee member. b. All Committee members will receive training on a) accident/injury reporting procedures, b)accidentlinjury investigation and prevention,c)safety awareness,and d) procedures by which safety concerns are handled. C. Committee recommendations shall be reported to and reviewed by the Department Head. Responses to such recommendations shall be communicated to the Safety Committee at its next regularly scheduled meeting or some other mutually agreeable period. d. Departments without a Safety Committee shall establish a committee within ninety (90) days of the effective date of this agreement. The Union shall appoint all labor representatives to the Committee. All Safety Committees shall schedule their meetings. SECTION 35 - FLEXIBLE STAFFING 35.1 Designated Positions. Certain positions may be designated by the Human Resources Director as flexibly staffed positions. Positions are generally allocated at the first level of the job series when vacated. When the position is next filled and an incumbent of one of these positions meets the minimum qualifications for the next higher level and has met appropriate competitive requirements he/she may then be promoted to the next higher classification within the job series without need of a classification study. The following job classifications are flexibly staffed: SEW 535 R&F - 65 - 2005-2008 MOU SECTION 36 - CAREER LADDER Social'Casework Specialist I to Social Casework Specialist II Eligibility Worker I to Eligibility Worker II Eligibility Worker II to Eligibility Work Specialist Open examinations at either level in the above mentioned classifications shall be administered upon .the request of the Department Head and approval of the Director of Human Resources. 35.2 Continuous Testing for Flexibly Staffed Classes. Employees in a flexible staffed job series which have been determined by the Director of Human Resources as appropriate for continuous testing may apply for promotion to the next higher classification level as follows: Applicants must file the regular Human Resources Department Application and where applicable, the appropriate supplemental questionnaire with the Employment and Human Services. Employees 'who file applications must notify their supervisor. Nothing contained in this section shall be construed as making a promotion automatic or automatically effective on the first of the month following the filing of an application. It is the responsibility of the Division Manager that has approved the promotion for employees in flexibly staffed positions to submit a request to the Employment and Human Services Personnel Unit no later than 15th the of the month prior in which they wish to promote the employee. Upon approval,the personnel analyst in the Personnel Unit will forward the application and an AK-9 to the Human Resources Department by the 25th of the month to be effective the first of the following month. It is the employee's responsibility to submit applications for promotion sufficiently in advance to assure receipt in Employment and Human Services Department by the above stated deadline. If an error occurs in the Human Resources office or the Employment .and Human Services Department Personnel Unit which causes a delay in the processing of an application,said error shall be corrected and the employee shall be placed on the eligible list retroactively to the first of the month following his/her eligibility. If a Division Manager or supervisor causes a delay in the processing of an approved application,the employee shall be placed on the eligible list retroactive to the first of the month following his/her eligibility. If an operating department verifies in writing the intent to promote an employee on the first of the month following eligibility, said appointment shall be made retroactive to the first of the month following his/her eligibility. SECTION 36 -CAREER LADDER The County.agrees to the concept of a career ladder which will enhance the opportunities for employees to attain positions in other classification series. For this purpose, the following classes are considered to be those classes representing such promotional opportunities: Eligibility Work Specialist, Social Service Program Assistant, Social Casework Assistant. The County shall amend the Welfare Fraud Classification as follows: a. By reclassifying Social Service Welfare Fraud Investigators doing .Early Fraud to "Social Service Welfare Fraud Field Investigators." b. Welfare Fraud Field Investigators shall have the option of carrying pepper spray. SEW 535 R&F . 66 - 2005-2008 MOU SECTION 37 - STAFFING ALLOCATIONS & WORKLOAD DISTRIBUTION SECTION 37 -STAFFING ALLOCATIONS &WORKLOAD DISTRIBUTION 37.1 Quarterly Review.The Department of Employment&Human Services shall review the amount and nature of work in its operating units on at least a quarterly basis (or scheduled as agreed by the parties) and shall initiate reassignments of employees necessary to balance the number of available employees in each classification with the existing and expected amount and nature of work in operating units throughout the Department.The process to be used in determining work assignment and volume shall be to balance the existing amount of work among existing staff, in accordance with applicable sections of this MOU. 37.2 Department/Union Meetings.There shall be meetings between the Department of Employment&Human Services and the Union on at least a quarterly basis(or scheduled as agreed by the parties)to review and discuss the existing amount and nature of work; to share information and ideas on workload issues throughout the Department; and to discuss long-range planning concerning Department programs and implementation.The meeting(s)will be chaired by a Program Bureau Director or Department Personnel Officer or his/her designee. 37.3 Department Head and County Administrator Meetings.The Union may request a meeting with the Employment and Human Services Department. Head to address specific staffing/workload concerns after two(2)meetings with the Program Bureau director or Department Personnel Officer have occurred. This discussion will not preclude the Bureau's ability to allocate and assign staff on an ongoing basis. After meeting 'with the Department Head, if the specific workload issues discussed remain unresolved after thirty (30) days, the Union may then request a meeting with the County Administrator. 37.4 Program Committees. It will be the ongoing expectation and process that program specific issues shall in most cases be addressed in a timely manner in the respective Program Committee(s). Topics for discussion in Program Committees include potential program/regulation changes,information regarding new procedures,forms,and other factors or changes in procedures which may have an impact on workload. Any items declined by the Program Committee for discussion/action will be listed in the minutes. Program Committees shall meet monthly, unless a meeting is waived by the Director or his/her designee, and written minutes shall be furnished to the Union on a timely basis. Such minutes should clearly identify issues and program committee actions. If the minutes do not reflect a resolution, response, or a failure to respond to pending issues within forty-five (45) days from the date of the meeting,the Union may discuss with the Program Bureau Director in the meetings held in accordance with Section 37.2. Program Committees will work within the appropriate chain of command in managing committee work and agendas expeditiously. Summary minutes shall be kept for each Program Committee meeting and shall be distributed to all committee members prior to the next meeting. These minutes shall be posted in each Department of Employment& Human Services building by the Department. 37.5 Workload Streamlining. The Union may quarterly identify functions, procedures, and processes which it believes are unnecessary, and that should be discontinued as a means of streamlining workload. The Union's items identified should be transmitted both to the Department Personnel Officer and respective Program Bureau Director for review and response. If the items identified are County mandated only,the Department has sixty(60)days to respond by discontinuing the process or provide the reasoning for continuing them. SEW 535 R&F - - 67 - 2005-2008 MOU SECTION 38 - STAFFING ALLOCATIONS & REASSIGNMENTS If the items identified are State or Federally mandated,and the Department considers it feasible that they be discontinued,the Department will request appropriate waivers. If the Department does not believe the change or.a waiver is feasible, it will provide the reasoning for continuing. Upon receipt of the requested waiver approvals, the process shall be discontinued. 37,6 Maintenance of Positions.The Department of Employment&Human Services will make all reasonable efforts to keep filled all budgeted and authorized positions and to the extent possible, will attempt to maximize the use of permanent employees. SECTION 38 -STAFFING ALLOCATIONS & REASSIGNMENTS On the basis of ongoing staffing/workload distribution review,per Section 37.1 —Staffing Allocations & Workload Distribution, the EHSD Department shall initiate reassignments of staff. The following procedure shall be used: a. Internal moves within a building shall be made at the discretion of the Division Head within five (5)days following publication and Union receipt of Department staff and caseload allocations. In determining moves of employees within an office,managers will solicit volunteers; if no volunteers respond, the employee with the least series seniority within the unit/area identified will be moved. b. Authorized staffing levels shall be published on a monthly basis. After any internal moves in a building have been made in accordance with Step a, further vacant authorized positions in buildings shall be alternately bid to the appropriate class in all offices for a four-day period or certed from the appropriate Eligible List. C. Employees responding to bids shall respond to the Department Personnel Unit,and must confirm any verbal response in writing;written confirmation must be received by 5:00 p.m. on the day the bid closes for the employee to be considered in determining the five (5) most senior employees in the class. d. With respect to responding to bids for the Welfare Fraud Investigator class or Welfare Fraud Field Investigator class,the bidding will be restricted to employees in one of the two above classes. e. If the Department is at authorized staffing and there are no responses to the posted bid notice,the least senior employee within the class,within the building having staff overage(s) of at least one (1) FTE shall be reassigned within two (2)weeks of the closing of the bid. If the Department is below the authorized staffing level and there are no responses to the posted bid notice, the Department will cert from the appropriate Eligible List. f. Authorized vacancies resulting from the bid process shall automatically be certed from an appropriate eligible list. g. Persons involuntarily reassigned shall be given the opportunity to return to their former building when the first vacancy occurs in the building from which the employee was involuntarily transferred provided however, if an employee voluntarily transfers after such involuntary transfer that employee shall lose such reversionary rights. SEW 535 R&F - 68 - 2005-2008 MOU SECTION 39 - REIMBURSEMENT FOR MEAL EXPENSES h. Positions flagged as needing a language skill or special qualifications shall be identified on bids. Only employees having such skill or meeting such qualifications shall be accepted for bid interviews or for mandatory reassignments as provided in this section. I. Specially funded assignments or assignments of limited duration shall not be subject to procedures in this Section. j. Reassignments shall not be used as a replacement for discipline. Employees on probation or in an Improvement Needed Review status shall not be reassigned. An employee who is reassigned out-of-seniority-order shall be offered the first vacancy to be filled in the class and building from which the employee was mandatorily reassigned. At the next quarterly staffing review an employee mandatorily reassigned out-of-seniority-order shall be given first opportunity for reassignment as provided in Section 37.2 — Department/Union Monthly Meeting or Section 37.3 — Labor/Management Team,whichever is applicable;or if no staffing imbalances exist, the most senior employee shall be offered the opportunity to exchange positions provided the least senior employee is no longer on probation or Improvement Needed Review status. k. In each classification,series seniority for reassignment purposes shall be determined by date of hire into that series as defined below: Eligibility Series: Eligibility Worker I, Eligibility Worker II, Eligibility Work Specialist. Social Work Series: Social Program Assistant, Social Worker II, Social Worker III, Vocational Counselor(classes which have been abandoned but were a part of the Social Worker or Vocational Counselor series shall be included for the purpose of determining series seniority). Casework Specialist Series: Social Casework Assistant,Social Casework Specialist I, Social Casework Specialist II. Welfare Fraud Field Investigator Series: Social Service Welfare Fraud Field Investigator and Social Service Senior Welfare Fraud Field Investigator. SECTION 39 -REIMBURSEMENT FOR MEAL EXPENSES Employees shall be reimbursed for meal expenses under the following circumstances and in the amount specified: a. When the employee is required by his/her Department Head to attend a meeting concerning County business or County affairs. b. When the employee is required to be out of his/her regular or normal work area during a meal hour because of a particular work assignment. C. When the employee is required to stay over to attend consecutive or continuing afternoon and night sessions of a board or commission. d. When the employee is required to incur expenses as host for official guests of the County, work as members of examining boards, official visitors, and speakers or honored guests at banquets or other official functions. SEW 535 R&F - 69 - 2005-2008 MOU SECTION 40 - PERSONAL PROPERTY REIMBURSEMENT e. When the employee is required to work three (3)or more hours of overtime or if the . employee is scheduled to work overtime with less than twenty-four(24)hours notice; in this case he or she may be reimbursed in accordance with Administrative Bulletin on expense reimbursement. Meal costs will be reimbursed only when eaten away from home or away-from the facility in the case of employees at twenty-four(24) hour institutions. Procedures and definitions relative to reimbursement for meal expenses shall be in accordance with the Administrative Bulletin on Expense Reimbursement. SECTION 40 - PERSONAL PROPERTY REIMBURSEMENT The loss or damage to personal property of employees is subject to reimbursement under the following conditions: a. The loss or damage must result from an event which is not normally encountered or anticipated on the job and which is not subject to the control of the employee. b. Ordinary wear and tear of personal property used on the job is not compensated. C. Employee tools or equipment provided without the express approval of the department head and automobiles are excluded from reimbursement. d. The loss or damage.must have occurred in the line of duty. e. The loss or damage was not a result of negligence or lack of proper care by the employee. f. The personal property was necessarily worn or carried by the employee in order to adequately fulfill the duties and requirements of the job. g. The loss or damage to employees eyeglasses,dentures,or other prosthetic devices did not occur simultaneously with a job connected injury covered by workers' compensation. h. The amount of reimbursement shall be limited to the actual cost to repair damages. Reimbursement for items damaged beyond repair shall be limited to the actual value of the item at the time of loss or damage but not more than the original cost. i. The burden of proof of loss rests with the employee. j. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation for Loss or Damage to Personal Property. SECTION 41 -LENGTH OF SERVICE DEFINITION(for service awards and vacation accruals) The length-of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary, provisional, and permanent status, and absences on approved leave of absence). When an ,employee separates from a permanent position in good standing and within two years is reemployed in a permanent County SEW 535 R&F - 70 - 2005-2008 MOU SECTION 42 - SERVICE AWARDS position,or is reemployed in a permanent County position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation. The Human Resources Director shall determine these matters based on the employee status records in his/her department. SECTION 42 -SERVICE AWARDS The County shall continue its present policy with respect to service awards including time off; provided, however, that the type of award given shall be at the sole discretion of the County. The following procedures shall apply with respect to service awards: Presentation Before the Board of Supervisors. An employee with twenty (20) or more years of service may go before the 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 of Supervisors and notify the department as to the time and date of the Board meeting. Service Award Day Off. Employees with fifteen (15)or more years of service are entitled to take the day off with pay at each five (5)year anniversary. SECTION 43 - PERMANENT PART-TIME EMPLOYEE BENEFITS Permanent part-time employees receive prorated vacation and sick leave benefits.They are eligible for health,dental and life insurance benefits at corresponding premium rates providing they work at least fifty percent (50%)of full time. If the employee works at least fifty percent(50%) of full time, County retirement participation is also included. SECTION 44 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. SECTION 45 - PERMANENT-INTERMITTENT HEALTH PLAN 45.1 A permanent-intermittent employee may participate in the County Group Health Plan Program wholly at the employee's expense.The employee will be responsible for paying the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and immediate withdrawal from the County Group Health Plan and reinstatement may only be effectuated during the annual open enrollment period. 45.2 Effective. one hundred and twenty (120) days after all Coalition Employee Organizations have signed their respective Letters of Understanding,the following benefit program shall be offered to permanent-intermittent employees: a. Program. The County shall offer CCHP Plan A-2 at the subvention rate of sixty-four percent(64%)of the cost of the premium for a single individual,to those 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 month. In order to maintain eligibility, a permanent-intermittent employee must remain in paid status during each successive month. SEW 535 R&F - 71 . 2005-2008 MOU SECTION 46 - PROVISIONAL EMPLOYEE BENEFITS C. Pre-Pay. Employees who have achieved eligibility under the terms of 45.2b will pre- pay the employee's portion of the premium cost so that the effective date of enrollment begins effective the first of the month of eligibility. Employees must continue to pre-pay their portion of the health insurance premium in order to continue benefits. In addition,employees who meet the eligibility requirements and who have been voluntarily paying for a county group health program shall be allowed to enroll in CCHP Plan A-2 without a waiting period. d. Family Coverage. Employees may elect to purchase at their own expense, family coverage, including domestic partner; and shall follow the procedures outlined in c. above for payment for this optional coverage. e. Implementation. There shall be a sixty(60) day Open.Enrollment period with the initial date of coverage effective August.1, 2000. Subsequent Open Enrollment periods shall be for thirty(30)days and coincide with the open enrollment period for County employees beginning in 2001. Permanent-intermittent employees who are not currently eligible,but who subsequently meet the eligibility requirements,shall be notified of their eligibility and shall have thirty(30)days to decide whether or not to elect coverage under this program. f. Employees who are temporarily ineligible may purchase, at their own cost, the plan in accordance with the procedures set forth by the Contra Costa County Health Plan. Nothing in Section 45.2 shall prevent an employee from electing health coverage under either Section 45.1 or Section 45.2 SECTION 46 - PROVISIONAL EMPLOYEE BENEFITS Provisional employees,who are not permanent employees of the County immediately prior to their provisional appointment, are eligible for vacation and sick leave benefits. Said provisional employees may participate in the County Group Health Plan Program wholly at the employee's expense. The County will not contribute to the employee's monthly premium.The employee will be responsible for paying the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and immediate withdrawal from the County Group Health Plan Program and reinstatement may only be effectuated during the annual open enrollment period. SECTION 47 -INDEMNIFICATION & DEFENSE OF COUNTY EMPLOYEES The County shall defend and indemnify an employee against any claim or action against the employee on account of an act or omission in the scope of the employee's employment with the County in accordance with,and subject to,the.provisions of California Government Code Sections 825 et seq and 995 et seq. SECTION 48 - MODIFICATION & DECERTIFICATION For the duration of this MOU the following amendments to Board Resolution 81/1165 shall apply: Section 34-12.008-Unit Determination (a)shall be modified in the first paragraph to delete the ten percent (10%) requirement for an employee organization intervening in the unit determination process and substitute therefore a thirty percent(30%) requirement. SEW 535 R&F . 72 - 2005-2008 MOU SECTION 49 - UNFAIR LABOR PRACTICE Section 34-12.013-Election Procedure(b)shall be modified in the first paragraph to delete the ten percent(10%)requirement for any recognized employee organization(s)to appear on the ballot and substitute therefore a thirty percent (30%) requirement. Section 34-12.016- Modification of Representation Units shall be modified in the first sentence by adding words to the effect of "most recent' to the date of determination. This section shall be modified in the second sentence to require that petitions for modification of a representation unit be filed during a period of not more than one hundred and fifty(150)days nor less than one hundred and twenty(120)days prior to the expiration of the MOU in effect.The last sentence of this section shall be modified so that modification of a representation unit shall not negate the term of an existing MOU between the County and the recognized employee organization of the unit prior to the modification proceedings. Section 34-12.018 - Decertification Procedure shall be modified in the first sentence by adding words to the effect of"most recent"to the date of formal recognition and by requiring the petition be submitted during a period of not more than one hundred and fifty (150) days nor less than one hundred and twenty(120) days prior to the expiration of the MOU in effect. SECTION 49 - UNFAIR LABOR PRACTICE Either the County or the Union may file an unfair labor practice as defined in Board of Supervisor's Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties within thirty(30)work days from the date of receipt, may be heard and decided by a mutually agreed upon impartial third party. 49.1 Filing. Either the County or the Union may file an unfair labor practice against the other.Allegations of an unfair labor practice, if not resolved in discussions between the parties,may be heard by a mutually agreed upon impartial third party. 49.2 Unfair Labor Practice -County. It is an unfair labor practice for the County to: a. Interfere with, restrain or coerce employees in the exercise of the rights recognized or granted in this division; b. dominate or interfere with the formation of any employee organization or interfere with selection of a majority representative; C. contribute financial support to any employee organization; or d. refuse to meet and confer in good faith (with representatives of formally organized employee organizations on matters within the scope of representation), or to refuse to consult with informally recognized employee organizations on matters within the scope of representation. 49.3 Unfair Labor Practice - Union. It is an unfair labor practice for the Union or their representatives or members to: a. Interfere with, restrain or coerce employees in the exercise of the rights recognized or granted.in this division; b. coerce, attempt to coerce or discipline any member of an organization so as to hinder or impede the performance of his duties; SEW 535 R&F - 73 - 2005-2008 MOU SECTION 50 - REPRESENTATION OF TEMPORARY EMPLOYEES C. discriminate against any employee with regard to the terms or conditions of membership because of race, color, creed, sex or national origin; d. refuse to consult,or meet and confer in good faith,with management representatives on matters within the scope of representation; or e. initiate, engage in, cause, instigate, encourage or condone a work stoppage of any kind or other disruptive activities which are detrimental to the conduct of.county business and services. SECTION 50 REPRESENTATION OF TEMPORARY EMPLOYEES 50.1 Recognition. Social Services Union, Local 535 is the formally recognized employee organization for temporary employees,not including emergency appointments and retiree temporary appointments, who are employed by Contra Costa County in those classifications covered by the MOU between Social Services Union, Local 535 and Contra Costa County. 50.2 Emergency Appointments. Emergency appointments as defined in Section 809 of the Personnel Management Regulations, and retiree temporary appointments as provided for in Government Code, Section 31680.2, are not covered by this MOU. 50.3 Agency Shop. A. The Union agrees that it has a duty to provide fair and nondiscriminatory representation to all employees in all classes in the units for which this section is applicable regardless of whether they are members of the Union. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1.. Become and remain a member of the Union or; 2. pay to the Union, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. do both of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. pay a sum equal to the agency shop fee to a non-religious,non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. SEW 535 R&F . 74 - 2005-2008 MOU SECTION 50 - REPRESENTATION OF TEMPORARY EMPLOYEES C. The Union shall provide the County with a copy of the Union's Hudson Procedure for the determination and protest of its agency shop fees. The Union shall provide a copy of said Hudson Procedure to every fee payor covered by this MOU within one (1)month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by a fee payor to invoke the Union's Hudson Procedure within one month (1)after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee. 50.4 Agency Shop Deductions. A. Temporary employees hired into a job class represented by Social Services Union, Local 535 shall be provided through the County Human Resources Department with an Employee Authorization For Payroll Deduction card. B. If the form authorizing.payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision, and the Union dues, agency shop fee, or charitable contribution required under Section 2 of this Letter of Understanding are not received, the Union may in writing direct that the County withhold the agency shop fee from the employee's salary, in which case' the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Union. C. The Union shall indemnify,defend and save the County harmless against any and all claims,demands,suits,orders,or judgments,or other forms of liability that arise out of or by reason of this Agency Shop Section, or action taken or not taken by the County under this Section. This includes, but is not limited to,the County's attorney fees and costs. The provisions of this section shall not be subject to the grievance procedure. D. The authorization of payroll deductions requires the employee to agree to hold the County harmless 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. 50.5 Salary. A. Temporary Hourly Rates. For all classifications represented by the Union,the hourly rate paid temporary employees shall be the 1.00 hourly rate calculated on the salary schedule by dividing the un-rounded monthly salary at any step by 173.33. B. New Employees. Except as otherwise permitted in deep class resolutions,temporary employees shall generally be appointed at the minimum step of the salary range established for the particular class to which the appointment is made. However,the Director of Human Resources may authorize an appointing authority to make a particular temporary appointment at a step above the minimum of the range. 50.6 Salary Increments Within Range. A. Increment Eligibility and Salary Review.All temporary employees shall accumulate a record of straight time hours worked for the purpose of a salary review to determine whether the employee shall be advanced to the next higher step, or other step as specified by deep class resolutions, in the salary range for the classification. SEW 535 R&F - 75 . 2005-2008 MOU SECTION 50 - REPRESENTATION OF TEMPORARY EMPLOYEES' Advancement to a higher step shall be granted only on the affirmative recommendation of the appointing authority, based on satisfactory performance by •the employee. The appointing authority may recommend granting the salary increment or unconditional denial of the increment. B. Frequency of Increments. Increments within range shall not be granted more frequently than once per every 2080 straight time hours worked by a temporary employee. C. Effective Date. Step increases resulting from an approved salary review shall be effective the first of the month following completion of 2080 straight time hours worked and return of the salary review report to the Human Resources Department. E. New Employees. Temporary employees.hired at Step 1 of the salary range for their classification will be eligible for a salary review after completion of 1040 straight time hours worked; additional salary reviews will be after the cumulation of an additional 2080 straight time hours. F. No provision of this section shall be construed to make the granting of-salary increments mandatory in the County. 50.7 Paid Time off. A.. Temporary employees shall accumulate a record of straight time hours worked. B. Based upon the accumulation of straight time hours recorded effective the first of the month following completion of each 2080 straight time hours worked,the temporary employee shall be credited with forty(40)hours of paid time off. Forty(40)hours paid. time off.credit is the maximum amount an employee may have at any time. C. ; Use. Paid time off(PTO) shall not be taken until credited after completion of 2080 straight time hours worked: PTO shall be taken,by an employee only with the' -:approval of•his/her supervisor.- D. upervisor:D. Paid Off at Separation. If a temporary employee terminates his/her County employment (separates from County service), the employee shall be paid all currently credited PTO hours and, in addition,shall be paid off for that portion of PTO hours earned but not yet credited on the basis of that portion of.the 2080 straight time hours worked(STHW)cumulation.The formula for the earned but not credited payoff is: STHW divided by 2080 multiplied by 40 multiplied by the current hourly pay rate at separation. E. Appointment to a Permanent Position. If a temporary employee is.appointed to a permanent position,the credited PTO hours and the earned but not yet credited PTO hours, shall be converted to Vacation hours and subject to .the MOU provision relating to vacation. F. Health Benefits for Temporary Employees. Effective one hundred and twenty(120) days after all Coalition Employee Organizations have signed their respective Letters of Understanding, the.following benefit program shall be offered to temporary employees: SEW 535 R&F 76 . 2005-2008 MOU SECTION 50 - REPRESENTATION OF TEMPORARY EMPLOYEES 1. Program. The County shall offer CCHP Plan A-2 at the subvention rate of fifty percent(50%)of the cost of the premium for a single individual,to those temporary employees who meet and maintain eligibility. 2. 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 month. In order to maintain eligibility, a temporary employee must remain in paid status a minimum of forty(40) hours during each successive month and maintain an average of fifty percent(50%)time year-to-date from the date of eligibility. 3. Pre-Pay. Employees who-have achieved eligibility under the terms of D.2 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, temporary employees who meet the eligibility requirements and who have been voluntarily paying for a County group health program shall be allowed to enroll in CCHP Plan A-2 without a waiting period. 4. Family Coverage. Employees may elect to purchase at their own expense, family coverage,including domestic partner,and shall follow the procedures outlined in 3. above for payment for this optional coverage. 5. Implementation.There shall be a sixty(60)day Open Enrollment period with the initial date of coverage effective August 1, 2000. Subsequent Open Enrollment periods shall be for thirty (30) days and coincide with the open enrollment period for County employees beginning in 2001. Temporary employees who are not currently eligible, but who subsequently meet the eligibility requirements,shall be notified of their eligibility and shall have thirty (30)days to decide whether or not to elect coverage under this program. 50.8 Provisional Employees.Social Services Union,Local 535 is the formally recognized employee organization for all provisional employees appointed by the County from outside County service in classifications covered by the MOU between the County and the Union. Provisional employees are covered by the agency shop provisions of the MOU applicable to permanent employees,with the exception that provisional employees shall not be required to pay any initiation fee or special assessment fee. 50.9 Grievance Procedure. Temporary and provisional employees covered by this Section may grieve only alleged violations of the specific terms and conditions specified in Section 50. 50.10 Positions. Subject to the approval and establishment of permanent positions by the Board of Supervisors, if necessary, temporary employees represented by Local 535 who have worked not less than 6,000 hours in temporary employee status between January 1, 1991 and July 1, 1996 inclusive, shall be offered an appointment to such positions, subject to qualification under the Personnel Management Regulations,in the classification and department iri which they currently work. Such employees shall have the option of either remaining in temporary status(not to exceed 1000 hours in a fiscal year)or being appointed to a Permanent-Intermittent,Permanent Part-time,or Permanent Full-time position. The formula to be used to calculate the position type (full-time, part- time) for each employee who elects appointment to a permanent position is the employee's total SEW 535 R&F - 77 - 2005-2008 MOU SECTION 51 - DEPENDENT CARE number of temporary hours worked on or after January 1, 1991 divided by the total number of months of service in which those temporary hours were worked. Additionally, the County agrees to meet and confer with Local 535 concerning the future use of represented temporary employees. Upon receipt of a request by the Union, the Human Resources Department agrees to meet to discuss the issues related to continuous testing and the frequency of such testing regarding specific classifications. Effective January 1,2000,the County shall provide quarterly reports regarding temporary employees which include the following information:employee name, classification,department, mail drop I.D., and number of hours worked in all classifications and departments on a calendar year-to-date basis. SECTION 51 - DEPENDENT CARE A. ` Dependent Care Information & Referral Service The county will administer an 'Information & Referral Service" through the Contra Costa Child Care Council for the duration of this MOU. B. Dependent Care Salary Contribution. . Subject to the applicable provisions of the Internal Revenue Service,employees may contribute up to $5,000 each calendar year from their salaries for approved dependent care;only eligible employees may contribute for such expenses;there is no County contribution for dependent care. Reimbursements are made on a,monthly basis subject to submission of itemized statements,adequate accumulation of the salary contribution,proof of payment,and applicable County administrative procedures. SECTION 52 -SPECIAL STUDIES & OTHER ACTIONS 52.1 Differentials. The County and the Labor Coalition agree to establish a Labor/Management Committee comprised of five(5)Labor and five(5)Management employees to study and recommend actions necessary to standardize payment and application of differentials including, but not limited to, proration for less than full-time employees;the length of payment while on paid sick leave or disability; and consistency between percent-based vs. flat-payment differentials. 52.2 Grievance Procedure. Representatives of the County shall meet and confer with representatives of the Labor Coalition in order to develop rules and guidelines governing the conduct and administration of Adjustment Boards. 52.3 Job Sharing and Part-Time Job Opportunities. The Employment and Human Services Department and the Union agree to establish a Labor/Management Committee comprised of a maximum of three(3)representatives of Labor and three(3)representatives from Management to study and recommend actions necessary to'identify and develop potential part-time and job sharing opportunities, by September 30, 2000. 52.4 Telecommuting Options.The Employment and Human Services Department and the Union agree to establish a Task Force comprised of representatives from the Union and SEW 535 R&F - 78 . 2005-2008 MOU SECTION 53 - ADOPTION representatives from the Department to identify potential positions where telecommuting could be utilized in accordance with the County's Telecommuting Policy. The Task Force will consider, but not be limited to, the following criteria: service delivery, coverage and availability for participants. The Task Force shall complete its study by June 30, 2000 and submit it to the Director of the Employment and Human Services Department. 52.5 Reclassification. The Health Services Department agrees to submit a P300 requesting the reclassification of the Public Health Social Worker positions to Medical Social Worker II. 52.6 Job Classification. The County will develop a new employment focused job classification which will include the following functions: MediCal Combo, MediCal Intake, MediCal lead worker and training unit. 52.7 Ergonomics. No later than May 15, 2000,the County will submit for Coalition input revisions to Administrative Bulletin No. 425 dated April 17, 1990, and an Ergonomic Field Guide, with a goal of finalization by June 30, 2000. 52.8 Safety Retirement. The County agrees that if there are amendments to State law during the term of this agreement that allow employees in the Social Casework Specialist series to be eligible for safety retirement and such amendments are adopted by Resolution of the Contra Costa County Board of Supervisors, the County will meet to discuss this issue. SECTION 53 -ADOPTION The provisions of this MOU shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty(30)days after such Ordinance is adopted. SECTION 54 -SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION 54.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this MOU demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. The Union understands and agrees that the County is not obligated to meet and confer regarding wages, hours or conditions of employment during the term of this extended agreement, except as otherwise required by law. 54.2 Separability of Provisions. Should any section,clause or provision of this MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof,and such remaining portions shall remain in full force and effect for the duration of this MOU. 54.3 Personnel Management Regulations. Where a specific provision contained in a section of this MOU conflicts with a specific provision contained in a section of the Personnel Management Regulations, the provision of this MOU shall prevail. it is recognized, however, that SEW 535 R&F - 79 - 2005-2008 MOU SECTION 54 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION certain provisions of the Personnel Management Regulations may be supplementary to the provisions of this MOU and as such remain in full force and effect. 54.4 Duration of Agreement.This Agreement shall continue in full force and effect from October 1, 2005, to and including September 30,2008. Said Agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other prior to sixty (60) days from the aforesaid termination date, of its intention to amend, modify or terminate the agreement. DATE CONTRA COSTA COUNTY SEW LOCAL 535 RANK& FILE UNIT SEW 535 R&F - 80 - 2005-2008'MOU ATTACHMENTS A Project Positions B Class & Salary Listing C Side Letter Re Mq's for Social Service Program Assistant, Social Worker and Vocational Counselor D Side Letter Re Notification of Program Changes to Workload Committee E Side Letter Re Help Desk Unit Study F Side Letter Re Alternate Work Schedule in CCRMC and Other Clinics G Side Letter Re SEIU 535 2008 Salary Survey H September 27; 1989 Letter re: Workload I October 3, 1989 Letter re: Recognition of Part-Time and Full- Time Employees' Seniority for Layoffs J Medical/Dental/Life Insurance Adjustments Coalition Settlement Agreement K Cellular Phones Side Letter L SSEFI & SSWFFI Alternate Certification Side Letter M Air Filters Memo from John Cullen N 24 Hour Emergency Protective Services Emergency Response Unit O September 11, 2006 Letter re: AB 1808 Allocations, and Meeting with EHSD Director P Healthcare Coalition Notice of Changes Q Management/Labor Committee pertaining to temporary employees R Return to Work Policy ATTACHMENT A PROJECT POSITIONS Social Services Union, Local 535 and the County have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for employees in project classes which except for the project designation would be represented by Social Services Union, Local 535. For example, Social Program Planner I is represented by Social Services Union, Local .535, therefore, it has been agreed that Social Program Planner I-Project will also be represented by Social Services Union, Local 535. Other .project classes that are not readily identifiable as properly included in bargaining units represented by Social Services Union, Local 535, shall be assigned to bargaining units in accordance with the provisions of Section 34-12.015 of Board Resolution No. 81/1165. The Union and the County understand that the meet and confer process with respect to the conditions of employment for project classifications is unique and therefore differs from other regular classes represented by Social Services Union, Local 535 in the following respects. 1 . Project employees are not covered by the Merit System. 2. Project employees may be separated from service at any time without regard to the provisions of this Memorandum of Understanding, without right of appeal or hearing or recourse to the' grievance procedure specified herein. 3. Any provision of this Memorandum of Understanding which pertains to layoff or seniority are not applicable to project employees. ATTACHMENT B Social Service Union, Local 535 Class & Salary Listing Effective October 1, 2005 Community Aide Unit Flex Staff Class F / Deep Min Max Code Class Title Class D Salary Salary CW 04 CAL WORKS COMMUNITY OTRCH AIDE F $2,051.83 $2,262.14 XDWE COMMUNITY OUTREACH AIDE F $2,164.52 $2,386.38 XDWC SR PROGRAMS AIDE $2,352.24 $2,859.17 Social Services Unit Flex Staff Class F / Deep Min Max Code Class Title Class D Salary Salary XQS3 EHS PROG INTEGRITY ASST-PRJ $4,144.27 $5,037.39 XHTB ELIGIBILITY WORK SPECIALIST F $3,847.66 $4,676.86 XHWA ELIGIBILITY WORKER I F $2,625.51 $3,191.32 XHVA ELIGIBILITY WORKER II F $3,051.93 $3,709.64 XHSB MEDICAL PROGRAM ASSISTANT $4,042.94 $4,914.22 X4WB MEDICAL SOCIAL WORKER I F $3,983.34 $4,841.78 X4VH MEDICAL SOCIAL WORKER II F $4,957.69 $6,026.11 X4V2 MEDICAL SOCIAL WORKER-PROJECT $4,957.69 $6,026.11 X7WC ONE-STOP CAREER CENTER CASE MG $4,042.94 $4,914.22 X4WA PH SOCIAL WORKER $4,345.99 $5,282.57 X7WB SOC SVC EMPLOYMENT PLACE CNSL $4,239.73 $5,153.42 XOSA SOC SVC PROGRAM ASSISTANT $4,042.94 $4,914.22 XOS1 SOC SVC PROGRAM ASSISTANT-PRJ $4,042.94 $4,914.22 XLSG SOC SVC SR WELF FRAUD FLD INVS F $4,870.12 $5,919.66 XLSF SOC SVC WELF FRAUD FIELD INVST F $4,419.76 $5,372.24 XLSD SOC SVC WELFARE FRAUD INVSTG $4,042.94 $4,914.22 XDVB SOCIAL CASEWORK ASSISTANT $4,248.13 $5,163.63 XOVB SOCIAL CASEWORK SPEC II F $5,097.06 $6,195.51 XOWB SOCIAL CASEWORK SPECIALIST I F $4,779.36 $5,269.24 XOW2 SOCIAL CASEWORK SPECIALIST I-P F $4,779.36 $5,269.24 XOV1 SOCIAL CASEWORK SPECIALIST II F $5,097.06 $6,195.51 XOVC SOCIAL WORKER F $4,248.13 $5,163.63 XOVA SOCIAL WORKER II $3,413.23 $4,148.81 XOV2 SOCIAL WORKER-PROJECT $4,111.57 $4,997.64 X7W 1 SS EMPLOYMENT PLACEMENT CNSL-P $4,239.73 $5,153.42 Contra Personnel Department Costa ATTACHMENT C Third Floor, Administration Bldg. 651 Pine Street County Martinez, Califomia 94553-1292 IJV ' t y (415) 372-0064 Harry D. Cistennan Director of Personnel January 31, 1986 Peaslee, President Social Services Union, Local 535. %Social Service Department Dear Peaslee: This side letter. confirms agreement reached during the bargaining process on minimum qualifications for Social Service Program Assistant, Social Worker and Vocational Counselor. The minimum requirements for these classes will be: 1. Social Service Program Assistant - First administration only: License Required: Valid California Motor Vehicle Operator' s License. Experience: Six months fulltime experience as a Social Worker Trainee or Social Worker in Contra Costa County. Subsequent administrations: License Required: Valid California Motor Vehicle Operator's License. Education: Completion of 60 semester units or 90 quarter units at an accredited college or university which included at least 12 semester or 18 quarter units in Psychology, Sociology, Social Welfare, or a closely - related field. Experience: Either 1) one year of fulltime experience or its equivalent in a position in a California County with responsibility for public assistance eligibility deter- mination or the processing of documents relative to either. the placement of children or social service case compliance; or 2) one year of fulltime experience or its equivalent as an Eligibility Worker II or a Children's Services Clerical Specialist with Contra Costa County. Substitution: Additional qualifying experience may be substituted for the required education on a year-for-year basis up to a maximum of two years. 1pma INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER -2- 2. Vocational Counselor Minimum Qualifications: Valid California Motor Vehicle Operator's License. Education: Possession of a baccalaureate degree from an accredited college or university with a major in psycho- logy, sociology, social welfare, vocational or rehabili- tation counseling or a closely related field. Experience: Either 1) One year of fulltime experience or its equivalent in vocational counseling, job solicitation or job placement, with responsibility for the evaluation and adjustment of employment related problems of youth or adults; or 2) one year of fulltime experience or its equivalent as a Social Service Program Assistant with Contra Costa County. Substitution for Education: Additional qualifying experience may be substituted for the required education on a year-for-year basis up to a maximum of two years. Substitution for Academic Major: Six months of addi- tional qualifying experience may be substituted for the required academic major. 3. Social Worker Minimum Qualifications: License: Valid California Motor Vehicle Operator' s License. Education: Possession of a Baccalaureate Degree from an accredited college or university with a major in psycho- logy, sociology, social welfare or a closely related field. Experience: Either 1) one year of fulltime experience or its equivalent as a social worker in a human services agency which included responsibility for case assessment, development of treatment plans, liaison work with other service agencies and/or problem resolution related to case management functions; or 2) one year of fulltime experience or its equivalent as a Social Service Program Assistant with Contra Costa County. Substitution for Education: Additional qualifying experience or experience as an Eligibility Worker II or as a Children' s Services Clerical Specialist with Contra Costa County or in an equivalent position in another Human Services Agency may be substituted for the required education on a year-for-year basis up to a maximum of two years. -3- 4. The Social Casework Specialist I exam shall be given as both.Open and Promotional . The Director of Personnel ' s authority under PMR 705 to determine a different order of certification priority shall be used to alternately appoint from the Open or the promotional list for Social Casework Specialist I for those positions the Social Service Department determines to fill at the Social Casework Specialist I level . If the foregoing is in accordance with your understanding, please indicate your acceptance and approval in the space provided below. Date: Social Service Union, Local 535 S.E.I .U. Contra Costa County 6 B i �� JUctdr Jar vrc;U UWUI M rcl R VUf Ilf d ---------- .lames a RydfigswordCosta ATTACHMENT D 2401 Stanwell oflve,CM P.Q Box 5488 d' O' Contort!,Calitomla W2, County September 28, 1989 Randy Johnese Social Service Union, SEIU, Local 535 661 27th Street Oakland, CA 94612 Dear Mr. Johnese, Confirming our agreement regarding notification of program changes to the Workload Committee, the Social Service Department shall provide to the Workload Committee, prior to a decision on implementation, draft material or other suitable notice of major new programs, significant changes to existing programs or significant operational changes. If the foregoing conforms with your understanding, please indicate.your acceptance and approval in the space provided below_ Dated APPRO D ACCEPTED Contra Costa County /Y vvlz� By By i disk 18 jcwp workload.mem ATTACHMENT E Contra Human .Resources Costa �' Department Go u my Administration Buiiding r, 651 Pine Street Martinez, GA 94553-1292 Mike Weinberg SEIU Local 535 447 29TH Street Oakland CA 94609-3532 Date: September 7, 2006 .RE: Desk Audit Dear Mr. Weinberg: During the negotiations for a successful memorandum of understanding between Contra Costa County and SEIU Local 535, the parties agreed to the following: The Contra Costa. County Personnel Services Unit will conduct a classification study for.the Help Desk -Unit in the Employment and Humari Services ' Department. The Contra ' Costa County Human Resources. Department will recommend the study findings including an effective date of proposed modifications if any, to the Director of the Employment and Human Services Department, the County Administrator and the Board.of Supervisors, if applicable. Very truly yours, Al Aragon Management Analyst III Labor Relations Department cc: Lori Gentles, Director of Human Resources File ATTACHMENT F Contra ti.sE._... Human Resources CostaDepartment County - . Administration Building n Sjq row', 651 Pine Street,Third Floor Martinez,CA 94553-1292 (925)335-1770 Lori Gentles Assistant County Administrator Mike Weinberg Director of Human Resources SEIU Local 535 447 297" Street Oakland CA 94609-3532 Date: September 11, 2006 RE: Alternate Work Schedule Dear Mr. Weinberg: Representatives from Contra Costa County agree to meet and confer with representatives from SEIU Local 535 regarding an Altemate Work Schedule Policy for the Contra Costa County Department of Health Services. The Alternate Work Week Policy shall only be implemented for those SEIU Local 535 classes located within Contra Costa Regional Medical Center (CCRMC) and the following clinics excluding Public Health facilities: Pittsburg Health Center Brentwood Health Center Antioch Health Center North Richmond Center for Health Richmond Health Center Concord Health Center Martinez Health Center Bay Point Family Health Center The first meet and confer session shall be held within 120 days of ratification of the memorandum of understanding by SEIU Local 535. Very truly yours, Al Aragon Management Analyst III Labor Relations Department cc: Lori Gentles, Director of Human Resources File ATTACHMENT G Contra £sE. Human Resources Costa Department County . . - Administration Building `esr - 651 Pine Street,Third Floor A �o Martinez, CA 94553-1292 (925)335-1770 Lori Gentles Assistant County Administrator September 11, 2006 Director of Human Resources SEIU Local 535 Attn: Michael Weinberg 447—29"'St Oakland CA 94612 Subject: SEIU 535 Salary Survey 2008 Dear Mr. Weinberg: The County agrees to conduct a salary survey for the following classifications: • Eligibility Work Specialist • Eligibility.Worker I • Eligibility Worker II • Social Casework Assistant • Social Casework Spec 11 • Social Casework Spec I • Social Casework Spec I - Project • Social Casework Spec 11—Project • SS Program Assistant • Social Worker • Medi-Cal Program Assistant • Social Services Welfare Fraud Field Investigator • Senior Social Services Welfare Fraud Field Investigator • Social Services Welfare Fraud Investigator The salary survey shall be completed by February 29, 2008 and will include available salary data as of January 1, 2008. The County will provide SEIU Local 535 with the results of the survey and will meet and confer with Local 535 upon request. Sincerely, Al Aragon Management Analyst, Labor Relations Department Contra Costa Human Resources CC: File vlGt mac► V►t_.c L-PcPcI► u ► ►c► ►1 UUI I l( d ATTACHMENT H --"".r 1o. dm sword Costa 24.501$488 Drive,IC�pp :tamer A.Rr Q P.0.Boz$488 p,r•emr CountyConcord,Ca(ilomia 94524 . September 27, 1989 Randy Johnese, Field Representative Social Service Union, Local 535 661 - 27th Street Oakland, CA 94612 Dear Mr. Johnese: During the recently concluded meet and confer sessions, a considerable amount of time and effort was devoted to the issue of workload. As a result of those discussions, the Social Service Department and County agreed to address this issue in the following major areas: 1. Legislative: The Department will work with your organization and lobbyist to coordinate legislative strategies with respect to State funding criteria and process for all Department programs. 2. Workload Committee - The Department is prepared to continue working with the Workload Committee in the same manner as presently operating with defined response times from the Director and Executive Team. 3. Modification of Income Maintenance: by 3-1-90 Flexible staffing of Ew Spedialists who will maintain caseloads above the State guidelines. At such time as all work items in this -subsection and recommendations are implemented, Section 34.1 will be amended to include the El .gibiity Work Specialist .class ification. . Expansion of EW Specialists in Field Units whose duties shall include, but not be limited to, assignments of uncovered caseloads, backlogs in intake, technical training, and lead work in field units. Specialized Intake . Program Work Group staffed with 2 union representatives , two management representatives, and a supervisor or program resource person as needed. . Caseload projection hiring to anticipate projected cyclical surges in.caseload growth . Expansion of Training Unit - to possibly include establishing a second training unit 4. Child Welfare Services Pr raw & Staffing- The Department will continue to make every effort to achieve maximum staffing levels within applicable state cost control allocations. Recruitaent of CWS staff will be a Department priority; continuous testing will remain in place for exams for CWS classes. . A Priority Work Group will make recommendations regarding the streamlining of work and prioritization when certain conditions exist. Recommendations will be implemented by 3-1-90. The committee will be structured as described above for IM. . Conduct a study for a childrensI Services Lead Worrier. 5. Adult Services: . A Priority Work Group will be established to include discussion of revenue, establishing task priorities, and standardization/equalization of work. Implementation will be by 3-1-90. 6. protected Time The Program Work Groups will also consider whether establishing or modifying existing protected time will result in greater workload efficiencies and enhance service to clients. The recommendations of each Program Work Group will be made to the Director, whose decision concerning implementation will be final . Further discussion of ongoing issues arising from this process may be held in the Workload Committee. I and my staff look forward to working with our employees and your' organization to accomplish meaningful implementation of these matters. Sincerely ames d, Director Disk 27 jcwP Workload.df t ATTACHMENT I -- -- "�"--' Social Service Department Contra - 24M sue.ea 0"".CM James A.Ayftgswatd A.0.Baas Saga a Costa . . 94124 County October 3, 1969 Randy Johnese social Services Union, Lodal 1535 661 - 27th Street Oakland, CA 94612 Dear Mr. Johnese: This letter will confirm that in the event.of a layoff, the Social Service Department will, to the extent possible, make every reasonable effort to recognize part-time and full-tilae employees seniority similarly with respect to separation. When it becomes necessary to lay off part-time employees with more seniority than retained full-time employees, the Department will meet and discuss the reasons for the action with the Union prior to implementing the action. No understanding conveyed by this letter will be construed to in any way modify the layoff and seniority rules contained in the Memorandum of Understanding. incerel a yd ng ord r ctor AR: ATTACHMENT J LABOR COALITION—2005 NEGOTIATIONS Local#1 MOU Local#1 FACS Unit MOU AFSCME Local 512 MOU AFSCME Local 2700 MOU SEW Local 535 RANK& FILE MOU SEIU Local 535 SUPERVISORY MOU WCE MOU PDOCC MOU MEDICAUDENTAULIFE INSURANCE ADJUSTMENTS Coverages Offered The County offers the following plans: Contra Costa Health Plans (CCHP)A& B, Kaiser, HealthNet HMO, HealthNet PPO, Delta and PMI Delta Care Dental. Co-Pays Effective January 1,2007 the co-pays will increase as follows: CCHP A: No change CCHP B: No change KAISER: $10 Office Visit $10 Generic RX $20 Brand RX $10 Emergency Room HEALTHNET HMO& PPO: $10 Office Visit $10 Generic RX $20 Formulary RX $35 Non-Formulary RX $25 Emergency Room Delta Dental Plan Enhancements Effective January 1, 2007 dental sealants will be provided to eligible dependent children in accordance with the provisions under the Delta Dental Plan. Life Insurance Effective January 1, 2007 increase coverage from $7500 to$10,000 for employees enrolled in either a health and/or dental plan. The County shall provide the health and dental plans subventions as follows: HEALTH PLAN SUBVENTION: CCHP A: 98% CCHP B: 90% KAISER: 80% HEALTHNET HMO: 80% HEALTHNET PPO: 2006 60.82%-The County and Coalition will equally share (50/50)the amount of any premium increases 2007 59.39% -The County and Coalition will equally share (50/50)the amount of any premium increases DENTAL PLAN SUBVENTION: Delta Dental/CCHP AIB 98% PMI Dental Care/CCHP A/B 98% Delta Dental 78% PMI Delta Dental 78%at 3 year rate guarantee Dental Only County pays all but$:01 ATTACHMENT K „E Human Resources Contra ' ; `.. -- Department Costa County Third Floor,Administration Bldg. 651 Pine Street "s _.. >>., ; :;;;.,> Martinez,California 94553-1292 (510)646-4064 Leslie T.Knight Director of Human Resources November 14, 1996 Ms. Damita Davis-Howard, Field Representative SEIU Local 535 - Rank & File Unit 661 27th Street Oakland CA 94612 RE: CELLULAR PHONES Dear Ms. Davis-Howard: This letter is to confirm agreement between the County and SEIU Local 535 Rank & File as follows: When a request for a cellular phone is made to a supervisor, such request will be forwarded to the Division Manager, along with the justification for the request. If the Division Manager is unavailable due to vacation or other long- term absence, the request will be forwarded to the Assistant Director. The requesting employee will be advised of the outcome of the cellular phone request as soon as a decision is made (normally within two weeks). Cellular phone requests (to purchase or replace) must be evaluated by the Division Manager level or higher. If the Division Manager determines that the phone request is necessary for staff safety, the Division Manager will order the cellular phone through normal channels (through Phil Simonds). Requests for cellular phone repairs may go directly to Phil Simonds at 40 Douglas Drive, Martinez. If the foregoing confirms your understanding, please indicate approval and acceptance in the space provided below: CONTRA COSTA COUNTY SEIU LOCAL 535 RANK & FILE UNIT l Kathy Ito Damita Davis-Howard Labor Relations Manager Field Representative cc: Judy Campbell, Social Service Personnel Officer ATTACHMENT L Contra sE ` Human Resources '� � .,. Costa '` Department 74 ' Third Floor,Administration Bldg. County 651 Pine Street Martinez, Ca(ifomia 94553-1292 ct n3Xt (510)646-4064 November 14, 1996 Leslie T.Knight Director of Human Resources Ms. Damita Davis-Howard, Field Representative SEIU Local 535 - Rank & File Unit 661 27th Street Oakland CA 94612 RE: SSWFI'& SSWFFI ALTERNATE CERTIFICATION Dear Ms. Davis-Howard: This letter is to confirm agreement between the County and SEIU Local 535 Rank & File as follows: Positions in the Social Service Welfare Fraud Investigator and Social Service Welfare Fraud Field Investigator classes shall alternately be filled from inside and from the open list. Positions filled from the inside shall be filled alternately through the bid process and the promotional list. Positions subject to bid for which no responses are received shall be filled from the promotional list. If the foregoing confirms your understanding, please indicate approval and acceptance in the space provided below: CONTRA COSTA COUNTY SEIU LOCAL 535 RANK & FILE UNIT 1 Kat y Ito Damita Davis-Howard Labor Relations Manager Field Representative cc: .Judy Campbell, Social Service Personnel Officer ATTACHMENT M SOCIAL SERVICE DEPARTMENT CONTRA COSTA COUNTY To: SEIU Local 535 March 19, 1996 From: John Cullen, Director TCt_�tz Subject: Air filters This is to confirm the Department' s plan to review General Services Department information concerning the change of air filters in Social Service buildings. A procedure will be established with the General Services Department for the provision of such information on a semi-annual basis . Such verification will be given to the department Safety Coordinator who will share the information with the Department Safety Committee on a semi-annual basis. airfltr.535 Gen 9c (New 3/86) ATTACHMENT' N �iEr'A T�itT CONTRA COSTA COUNTY N.. G. Vingett, County Achninisrrator DATE February 4, 1980 .f.-tn: !��r•i1yr. Burke iw tcrt rMin, Di rector• �c Al Croutch zf� -o � Louise Aiello 4v 't.Y Bill Groth �A iSuUR E dc=;6Ffvvt' RjyiEL-IVE SF!ZVICE X79 EMERGENCY RESPONSE UNIT 004; �$ `00 qh4Of 7 r� for. .. January 1,980 a report was submitted to your office regarding the establishment of a *24 Hour Protective Services Em. rgency P.esponse program. F,eetings with the zzployee organization, Social Services Union Local 535, have now been coapleted, aid a schedule has been established for the employees work-ins in this Emergency Response program. the work schedule that has been adapted requires appro•!al by the County Adminis- trator and notification to tura Audito.`s office that payment for this work schedule authorized. It is, therefore, requested Alit approval be given for this sd%edu3e and that the Auditor's office be notified of this approval and of your autborizatior, for payment of salaries based upon this. work schedule. she Evrgency Response Unit will operate for a six-month period under the provi., s= Uteons of ,e existing Salah Ordinance. The schedule :or the workers in -the Emergency Response Unit will be as rollouts: " 3bnday through Friday 4 p.a). to 8 p.m. On Duty 8 p.rq. to 8 a.m. bn Call .8 a.m. to 9 a.tri. On Duty Staff will receive 8 hours pay with shift differential for the fbnday through Fri day schedule. Saturdays, Sundays and Holidays 3 hours On Duty 21 -hours On Call Staff wi 1 i rerwi ve 8.25 hours pay f or weekend and hol i day work; weekend and holiday work will require payment of overtiue on an accusimi ated basis. No shift differential will be paid for weekends and holiday work. Staff will he scheduled so that they work approximately a 40 hour work week. On ea&. day, one person will work their duty hours at the Children's Receiving CentE ::, Fzrtiaez, and t:a other staff assigned to word: that day will work their duty hours at the i r, hone. ATTACHMENT 0 aw Contra Costa County �? Employment Human Services ` John B. Cullen Director l�' L^ ;. OF- September September 28, 2006 to par-tnership 1�4r• Nvlichael Weinberg Field Representative with the SEIU Local 535 Line Workers 447 29" St. co-ninunity, Oakland, CA 94609 we provide Services Dear Mr. Weinberg: that support This confirms that it is the Employment and Human Services Department intention to follow the approach outlined in the November 5, 1999 letter from and protect John Cullen (attached) to meet and confer over the impact resulting from the adults, State's funding of and any implementation of the AB 2030 `yardstick study" results. The Department will also' provide SEIU Local 535 information regarding families, utilization of AB 1808 allocations, and arrange a meeting with the EHSD Director within 30 days of his appointment in order that SEIU may directly express ideas and the elderly, and concepts related to that utilization. The Department will meet and confer and promote regarding those matters which fall under the scope of representation. persona]. Sincerely, responsibility, independence and /Joe i, self=suficienc�i. alentine Director 40 Douglas Drive o Martinez, CA 94553 e (925) 313-1500 e Fax(925) 313-1575 Contra Costa County Employment Human Services John B..CuEen Director - - November 5, 1999 In partnership Ms. Joyce Baird with the Senior Field Representative SEN 535 Line Workers communit3*, 661 —276 Street . we provide Oakland, California 94612 services Dear Ms. Baird: that support This- confirms discussions.between SEN- Local 535 and the -Employment and and protect Human Services Department. concem;ng the finalization of the Statewide "yardstick study" concerning Children's Protective Services. adults,. chz7dren, The Department agrees that it will meet and confer over.the'impact resulting from the State's funding of and any implementation of the yardstick.study lilies, results. - It is our understanding that the data gathering for the study will be and the elderly, completed shortly, n but it is unknowwhen any resulting budgetary c alloation information vdII- be provided to the County.- When that information is and promote provided,,we will contact you to begin the meet.and confer process.- Personal you again for your union's support- .of the:' effort to gather his­ Thalik rrspcnsibility, information. independence and Sincerely, self-sufficiency. John-Cu11en Director JBC:s}b 53S Yardstick Stidy/CPS 40 Douglas Drive Martinez, Gg -945M. �32- S) 313-I500 Fzx'(a�Sj 3I3 1�i� .91-7/6L-�) Contra Costa County Children FamflServices -•,�—,, A Bureau.of the Employment and Human Services-Department Oct 19, 2005. . We wort; Michael Weinberg SEN Local 535 Business Agent .. isrith fainilies. ,447 29thSt tc ensure. Oakland, CA 94609 the'safety of Re: Meet and Confer for NACWS their children and to :Dear lz:'Weinberg: confirm:."that .tr3_e Children'.{fid Family. Services Bureau 'iiio the in reach- hag Employment and Human "Service Department agrees to meet and .confer with . their full SEIU Local 535 regarding-the impacts of implementation of NACWS. We also plan'. to meet and 'confer with SEN Local 535 regarding" the impacts of potential. implementing the NACWS pilot unit - anna Fabella Danna Fabella _ Director Children and FaLmly Services Director cc: John Cullen Judy Campbell ATTACHMENT P Contra Human Resources Costa = _ Department �: W- :. Administration Building County ` 651 Pine Street,Third Floor Martinez, CA 94553-1292 (925) 335-1770 Lori Gentles Assistant County Administrator Director of Human Resources January 26, 2006 Contra Costa Labor Coalition Re: Healthcare Coalition Notice of Changes Dear Members of Labor Coalition: The County agrees to make a good faith effort to notify the Health Coalition and Labor Management Committee(s) of relevant changes that are not subject to meet and confer, but which fall within the topics of discussion by the Health Coalition Committee. The County shall continue to meet and confer with labor organizations on matters which are within the scope of bargaining at the organization's request. Sincerely, Francine Cronin Assistant Director of Human Resources Cc: Rollie Katz, Supervising Business Agent PEU, Local One Jo Bates, Business Agent, AFSCME, Local 2700 Brenda Wood, Business Agent, AFSCME, Local 512 Dr Stephen Daniels, Physicians' & Dentists' Organization of Contra Costa County Adelina Huerta, President, Western Council of Engineers Michael Weinberg, Senior Field Representative, SEIU Local 535 ATTACHMENT Q SIDE LETTER 2005-2006 COALITION NEGOTIATIONS Presented , MS LOCAL#1 MOU /0 /0 LOCAL#1 FACS UNIT MOU AFSCME LOCAL 512 MOU AFSCME LOCAL 2700 MOU SEW LOCAL 535 RANK & FILE MOU SEW LOCAL 535 SUPERVISORY MOU COALITION SIDE LETTER Section A. MANAGEMENTILABOR COMMITTEE Local 1, SEIU 535, AFSCME 2700, AFSCME 512, and County agree to establish a Management/Labor Committee, hereinafter referred to as "Committee', to meet on issues pertaining to temporary and contract employees, student intemstworkers, and agency temporary employees ("temporary employees"). The Committee's duties and structure shall be as follows: 1) Committee membership shall consist of four(4) County Managers, and four(4) Union Representatives(Business Agents. Such managers shall be at the level of Department Head or designee; any designee shall be at the Assistant Director or Deputy Director level. 2) The Committee shall agree on rules and policies that will govern the committee's work and procedures. 3) Committee meetings will begin September 1, 2006 (or thee FROw4ia;�upon ratification of MOU whichever occurs W later), and continue until March 31, 2008. 4) ' The Committee shall review the current use of temporary employees including department practices, County policies and applicable Memoranda of Understanding in an effort to develop recommendations to the Board of Supervisors on the future use of temporary employees, including converting such employees to permanent positions, establishing or ending funding for such positions within recommended timelines. 5) In the event the Committee determines that it is necessary to meet and confer to make changes to current memoranda of understanding, County polices, or department practices, Section B below shall apply. 6) As a good faith effort on the part of the County, the Board of Supervisors agree to direct the County Administrative Officer(CAO) to review employees in a.temporary status taking into account budget considerations, length of service, program needs and other relevant factors, and make recommendations to the Board for the conversion of the equivalent of ten (10) FTE temporary employees to the equivalent of ten (10)full time permanent positions effective no later than December 31, 2006. The CAO shall submit the equivalent of additional ten (I D) FTE temporary employees to the Board for conversion to the equivalent of ten (10) full time permanent positions effective no later than July 1, 2007. Page 1 of 2 SIDE LETTER 2005-2006 COALITION NEGOTIATIONS Presented July 31, 2006 7) The Committee shall produce a report on their findings and agreed upon recommendations along with time frames for implementation of any changes upon conclusion of their work, and submit such report to the Board of Supervisors for approval, no later than the expiration date of the MOU. Section B. MEET AND CONFER OBLIGATIONS 1. In the event the Committee needs to change or modify Memoranda of Understanding, County policies subject to meet and confer requirements, or established past practices, the County and participating unions shall meet and confer regarding the changes. 2. Any modification to the existing MOU must be agreed to by the parties and subject to each union's ratification process and must be approved by the Board of Supervisors. 3. If agreement cannot be reached, a mediator may be used in an attempt to reach agreement Section C. LOCAL 7 MEET AND CONFER OBLIGATIONS 1. The county and Local 1 agree to meet and confer regarding Section 53, Subsection A Temporary Employees. Such meetings shall begin October 1, 2006. Section D. LOCAL#1 WITHDRAWAL of GRIEVANCES AND RELATED ACTIONS Local #1 agrees to withdraw without prejudice all pending grievances and any other related actions that involve the County's use of temporary employee upon adoption of this agreement by the Board of Supervisors. This letter of agreement shall terminate automatically ono (expiration of the MOU) unless specifically renewed in a new successor MOU between thbunty and Union. Date: r16310c FOR THE COUNTY. FOR THg COA►LI N: C-66 c -Z� "d4W Page 2 of 2 ATTACHMENT 'R CONTRA COSTA COUNTY RETURN TO WORK POLICY FOR INDUSTRIAL INJURY OR ILLNESS I. POLICY: Permanent employees who have suffered industrial injuries and illnesses may be provided with such restricted duty as the County is able to provide as soon as medically appropriate. A. Covered employees must have an accepted Workers' Compensation claim. Probationary employees, project, contracted, seasonal, agency temp, temporary, and employees working less than 20 hours a week are not covered by this policy. B. A restricted duty assignment may be provided within the County's capacity, consistent with restriction(s) recommended by the treating physician. Should any disagreement exist, the County will follow California State law. Restrictions from the physician must be in writing on the county form AK 142 or on the physician's letterhead. C. Employees performing in a restricted duty assignment will continue to receive their regular pay and benefits for hours actually worked. Pay and benefits will be prorated in the case of part-time work, subject to MOU provisions and salary regulations. D. Current department practices and applicable state and federal laws regarding return to work procedures and restricted duty for certain employees who are exempt from this policy (i.e., non-industrial illnesses or injuries and probationary employees), will continue and are not subject to this policy. 11. OBJECTIVE: The objectives of providing work for temporarily industrially injured employees through restricted duty are to reduce disability and Workers' Compensation costs, maximize productivity, minimize the loss of human resources and promote full and prompt recovery with the return of the employee to productive employment. Ri III. SCOPE OF POLICY: All departments and Board-governed agencies which are part of the County retirement system (excluding the Contra Costa County Fire Protection District and East Contra Costa Fire Protection District safety employees, Sheriff's Office and D.A. Investigators safety employees, Housing Authority, , and in-Home Supportive Service providers) are subject to this Return to Work Policy. 1 IV. GENERAL BACKGROUND: A. restricted duty assignment is a temporary assignment provided to a temporarily industrially disabled employee. Restricted duty may be for less than regular full-time work, but no less than 4 hours per day. A. A temporarily industrially disabled employee with an accepted Workers' Compensation claim shall return to a restricted duty assignment that is not inconsistent with restrictions recommended by the employee's treating physician or.Qualified Medical Examiner (QME), if applicable. B. A Department shall, whenever feasible, temporarily restrict the duties of an employee in order to conform to restrictions recommended by the treating physician for a cumulative maximum of six months per injury with a review after three (3) months or sooner, if appropriate. At the end of the six month period, the employee shall undergo a medical review to determine whether a full duty work release is possible. If full release is not possible, the employee shall be referred to the Risk Management ADA Coordinator and/or the Return to Work Committee for evaluation C. In the event that an employee disagrees with the Department Head's decision concerning a light duty assignment, he/she may appeal that decision to the Risk Manager within 15 calendar days. The subject of the appeal shall be heard at the next regularly scheduled Return to Work Committee. The Return to Work Committee may affirm, reject or modify the Department Head's decision. The following factors shall be considered by the Return to Work Committee when considering an appeal: 1. The restrictions recommended by the employee's treating physician or QME, if applicable; 2. The operational and financial needs of the department, and 3. The availability of a suitable work assignment. Either party may appeal the Committee's decision in writing to the Director of Human Resources or his/her designee within 15 calendar days of the Committee's decision. V. RESPONSIBILITIES: A. Departments The principle responsibility, for implementing the Return to Work Policy rests with the appointing authority. Departments will also: 2 1. Complete and submit an injury report for industrial injuries and illnesses on a timely basis. 2. Appoint a Department Return to Work Coordinator to administer the department's compliance with the Return to Work Policy under the direction of the department head. The Department Return to Work Coordinator shall review restricted duty assignments and make recommendations to the department head regarding adjusting, extending or terminating the restricted duty in accordance with the operational and financial needs of the department and consistent with the employee's medical restrictions. The Department Return to Work Coordinator will document and monitor all limited duty assignments. They will also maintain a centralized record of all assignments. 3. Inform department employees of the Return to Work Policy. 4. Implement restricted duty assignments for temporarily industrially disabled employees as soon as medically appropriate, operationally feasible, and when a suitable assignment is available. 5. Coordinate with Risk Management regarding an individual employee's restricted duty assignment. 6. The Risk Management Department shall provide the Health Coalition quarterly reports of the number of requests for ergonomic evaluations, the number of evaluations performed, and the actions taken based on those reports. The County shall meet with the Health Coalition upon the Coalition's request to review such reports and to discuss ergonomic issues. B. Employee A temporarily industrially disabled employee shall: 1. Notify the department of an industrial injury or illness in accordance with Workers' Compensation regulations. 2. Seek prompt medical care through the County's Occupational Medical Program or through a properly pre-designated physician in accordance with the law. The employee shall obtain needed medical information from the physician and provide that information to the County. (Physician's Statement of Ability to Work, AK142, see attachment 1). 3 3. Accept an appropriate available'restricted duty assignment within or outside the employee's department if one is offered. A restricted duty assignment must be consistent with limitations recommended by the employee's treating physician or QME, if applicable, and must be approved by the Department Return to Work Coordinator. If an employee is assigned to a restricted duty assignment outside of their department, a supervisor in the department providing the restricted duty assignment shall supervise the employee. The employee's home department is required to pay the employee's regular salary. 4. A department head has the authority to temporarily restrict the duties of an employee in accordance with this policy. 5. Failure of an employee to accept an offer of a medically appropriate restricted duty assignment will result in .the denial of temporary disability benefits pursuant to Workers' Compensation law. C. County Return to Work Coordinators The County Return to Work Coordinators shall: 1. Work at the direction of the Risk Manager. 2. Assist departments in identifying and developing suitable restricted duty assignments. 3. Assist departments in resolving questions regarding work restrictions and restricted duty placements. 4. Provide, as necessary, counseling and other services to employees placed on restricted duty. 5. Assist in finding restricted duty assignments outside of the home department, if the home department cannot provide restricted duty. The home department will provide the salary of the employee. 6. Coordinate the appeal process for employees regarding restricted duty. D. Return to Work Committee The Return to Work Committee shall hear appeals under the Appeal Procedures as described in Section N (C General Background above, and make recommendations to the department. In the event a department does not grant a restricted duty assignment requested by an employee or a requested extension of an existing restricted duty assignment, the 4 employee may appeal to the Return to Work Committee. The Committee shall hear the appeal and make a recommendation to the department head. C. Risk-Manager The County Risk Manager shall: Oversee the administration'of this policy and provide ongoing education of department heads, managers, and departmental return to work coordinators concerning this policy. VI. DEFINITIONS: A- Restricted Duty: A temporary work assignment provided to 'a temporary industrially disabled employee who cannot perform her/his regular job duties for a specific period of time. The temporary assignment is provided while an individual is recuperating from an industrial injury or illness. An employee will be assigned to restricted duty within their primary department whenever possible. If no assignment can be located within the employee's primary department, the County will make reasonable efforts to locate a comparable position in another department Restricted duty is only available to a person who is expected to return to her or his regular job duties. If an employee is on a discretionary 91'80 or 4/10 work schedule and is returning to restricted duty assignment on a part-time basis, the 9/80 or 4/10 work schedule shall be revoked. Pay for restricted duty shall be the same salary and benefits of the employee's regular position, provided however, that shift and other pay differentials will only be paid for the first thirty (30) days of restricted duty unless the employee qualifies for pay differentials. B. Coun For the purpose of this policy the term 'County' includes Contra Costa County and agencies governed by the Board of Supervisors, which are part of the County's retirement system, excluding Contra Costa County Fire Protection District and East Contra Costa Fre Protection District's, Sheriffs Office and DA. Investigators' safety employees, Housing Authority, and In-Home Supportive Service providers. C. Departmental Return to Work Coordinator. The individual appointed by the department head to administer the County's Return to Work policy. The person appointed by the department must have some knowledge of personnel rules and regulations, Memoranda of Understanding and disability benefits that an employee may be entitled to receive, Le_, SDI, LTD, FMLA, retirement 5 D. Employee's Treating Physician: The treating physician or Qualified Medical Examiner (QME) as defined by California Workers' Compensation laws. Treatment shall be reasonably required and consistent with Workers' Compensation guidelines and existing State law. E. Return to Work Committee: The Committee shall be composed of a pool twelve (12) members consisting of six (6) County employee members appointed by the County Administrator and six (6) County employees appointed from the three,(3) largest employee organizations in the Labor Coalition. Each member of the committee must commit to attending at least two committee meetings each year. Two members appointed by the County Administrator and two members appointed by the employee organizations must be present in order to constitute a quorum. F. Risk Manager: The person designated by the County Administrator to serve as Risk Manager. G. County Return to Work Coordinators: The person designated by the County Risk Manager to serve as an Employee Return to Work Coordinator who shall perform the duties set forth in V(C). Date: 3 d FOR THE COUNTY: FOR.THE COALITION: r * J 6 t r c� is t, Y rt t t. w�f \l t 1 R� t� i y t1 i CRAFT MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND PUBLIC EMPLYEES UNION, LOCAL #1 FACS SITE SUPERVISOR UNIT OCTOBER 1 , 2005 - SEPTEMBER 30, 2008 l(o(r410 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND PUBLIC EMPLOYEES UNION, LOCAL# 1 FACS SITE SUPERVISOR UNIT This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of the Contra Costa County Board of Supervisors' Resolution 81/1165 and has been jointly prepared by the parties. The_Labor Relations Officer (County Administrator) is the representative of Contra Costa County in employer-employee relations matters as provided in Board of Supervisors' Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Union is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. This MOU shall be presented to the Contra Costa County Board of Supervisors, as the governing board of the County and appropriate fire districts,as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing January 1, October 1, 2005 and ending September 30, 2008. DEFINITIONS Appointing Authority: Department Head unless otherwise provided by statute or ordinance. Class: A group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group. Class Title: The designation given to a class, to each position allocated to the class, and to the employees allocated to the class. Coun : Contra Costa County. Demotion: The change of an 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, or in the Personnel.Management Regulations. Director of Human Resources: The person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. DEFINITIONS Eligible: Any person whose name is on an employment or reemployment or layoff list for a given class. Employee: A person who is an incumbent of a position or who is on leave of absence. in accordance with provisions of this MOU and whose position is held pending his/her return. Employment List: A list of persons who have been found qualified for employment in a specific class. Layoff List: A list of persons who have occupied positions allocated to a class and who have been involuntarily separated by layoff,or displacement, or demoted. by..displacement, or have voluntarily demoted in lieu of layoff or displacement, or have transferred in lieu of'layoff or displacement. .Permanent-Intermittent Position: Any position,which requires the services of an incumbent for an indefinite period but on an intermittent basis, as needed, paid on an hourly basis. Permanent Part-Time Position: Any position which will require the services of an incumbent for an indefinite period but on a regularly scheduled less than full time basis. Permanent Position: Any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. Project Employee: An employee who is. engaged in a time limited, program or .service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenues. Project employees are not covered by the Merit System. Promotion: The change of an employee to another position in a class allocated to a salary range for which the top step is higher than the top,step of the class which the employee formerly occupied, except as provided for under "Transfer" or as otherwise provided for in this MOU, 'or in the Personnel Management Regulations. Position: The assigned duties and responsibilities calling for the regular full time, part-time or intermittent employment of a person. Reallocation: The act of reassigning an individual position from one 'class to another-class at the same range of the salary schedule or to a class which is allocated to another range.that is within five percent (5%) of the top step, except as otherwise provided for in the Personnel. Management Regulations, 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 changesin the kind, difficulty or responsibility of duties performed in such position. Reemployment List: A list of persons,"who have occupied positions allocated to class and, who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. Resignation: The voluntary termination of employment with the County. LOCAL NO. 1, FACS SITE SUPERVISOR -2 - 2005-2008 MOU SECTION 2 - UNION SECURITY Temporary Employment: Any employment which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. Transfer: The change of an employee to another position in a class which is allocated to a range on the salary plan that is within five percent (5%) at top step as the class previously occupied by the employee. Union: Public Employees Union, Local One SECTION 1 - RECOGNITION The Union is the formally recognized employee organization for the Family and Children's Services — Site Supervisor Unit. The Union has been certified as such, pursuant to Chapter 34- 12 of Contra Costa County Board of Supervisors' Resolution 81/1165. Represented classes in this unit are: Site Supervisor I (9MH2) Site Supervisor III (9MF1) SECTION 2 - UNION SECURITY 2.1 Dues Deduction. Pursuant to Chapter 34-26 of Board Resolution 81/1165, only a majority representative may have dues deduction and as such the Union has the exclusive privilege of dues deduction for all members in its unit. 2.2 Maintenance of Membership. All employees in the Family and Children's Services - Site Supervisor Unit, represented by the Union, who are currently paying dues to the Union and all employees in such unit who hereafter become members of the Union shall as a condition of continued employment pay dues to the Union for the duration of this MOU and each year thereafter so long as the Union continues to represent the class to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.4—Withdrawal of Membership. 2.3 Union Dues Form Employees hired into classifications represented by the Union shall, as a condition of employment at the time of employment, complete a Union Dues Authorization Card provided by the Union and shall have deducted from their paychecks the membership dues of the Union. Said employees shall have thirty (30) days from the date of hire to decide if they do not want to become a member of the Union. Such decision, not to become a member of the Union, must be made in writing to the Auditor-Controller with a copy to the Labor Relations Division within said thirty (30) day period. If the employee decides not to become a member of the Union, any Union dues previously deducted from the employee's paycheck shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to the Union. If the employee does not notify the County in writing of the decision not to become a member within the thirty (30) day period, s/he shall be deemed to have voluntarily agreed to pay the dues of the Union. Each such dues authorization form referenced above shall include a statement that the Union and the County have entered into an MOU, that the employee is required to authorize payroll deductions of Union dues as a condition of employment and that such authorization may be LOCAL NO. 1, FACS SITE SUPERVISOR -3 - 2001-2005 MOU SECTION 2 UNION SECURITY revoked.within the first thirty (30) days of employment upon proper.written notice by the employee, within said thirty (30) day period as set forth above. Each such employee shall, upon completion of the authorization form, receive a copy of.said authorization form which shall be deemed proper notice of his or'her right to revoke said authorization. 2.4 Withdrawal of Membership. By notifying the Auditor-Controller's Office in writing, between August 1, 2005 and August 31, 2005 any employee assigned to a classification in the FACS Site Supervisor Unit may withdraw from Union membership and discontinue paying dues as of the payroll period commencing September 1, 2005; ;discontinuance of dues payments to then be reflected in the October 10th paycheck. Immediately upon the close of the above-mentioned thirty (30) day period the Auditor-Controller shall submit to the Union a list of the employees who have rescinded their authorization for dues deduction. 2.5 . Agency Shop. f . A. The Union agrees that it has a duty to provide fair and non-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 Union. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1. Become and remain a member of the Union or; 2. Pay to the Union, an agency shop fee in an amount which does not exceed an' amount which may be lawfully collected under applicable constitutional, statutory, and case law, which 'under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. Do both of the following: a. Execute a written declaration that the employee is a a fide religion, body or sect which has historically held a conscientious. objection to joining or financially supporting I any public employee organization as a condition of employment; and b. Pay a sum equal to the agency shop fee described in Section 2.5.13.2 to a non-religious, non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. C. The.Union shall provide the County with a copy of the Union's Hudson Procedure for the determination and protest of its agency shop fees. The Union shall . provide a copy of said, Hudson Procedure to every fee payer covered by this. MOU within one month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by an employee to LOCAL NO. 1, FACS SITE SUPERVISOR -4- 2005-2008 .MOU SECTION 2 - UNION SECURITY invoke the Union's Hudson Procedure within one month after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee. D. The provisions of Section 2.5.B.2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff, and leave of absence with a duration of more than thirty (30) days. E. Annually, the Union shall provide the Human Resources Director with copies of the financial report which the Union annually files with the California Public Employee Relations Board. Such report shall be available to employees in the unit. Failure to file such a report within sixty (60) days after the end of its fiscal year shall result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed, and upon mutual agreement, this time limit may be extended to one hundred twenty (120) days. F. Compliance. 1. An employee employed in or hired into a job class represented by the Union shall be provided with an Employee Authorization for Payroll Deduction card by the Human Resources Department. 2. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and the union dues, agency shop fee, initiation fee or charitable contribution required under Section 2.5.13.3 are not received, the Union may, in writing, direct that the County withhold the agency shop fee and the initiation fee from the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Union. G. The Union shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this union security section, or action taken or not taken by the County under this Section. This includes, but is not limited to, the County's attorneys' fees and costs. The provisions of this subsection shall not be subject to the grievance procedure following the adoption of this MOU by the County Board of Supervisors. H. The County Human Resources Department shall monthly furnish a list of all new hires to the Union. I. In the event that employees in a bargaining unit represented by the Union vote to rescind agency shop, the provisions of Section 2.2 and 2.4 shall apply to dues- paying members of the Union. 2.6 Communicating With Employees. The Union shall be allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of offices in which there are employees represented by the Union, provided LOCAL NO. 1, FACS SITE SUPERVISOR -5 - 2001-2005 MOU SECTION 2 - UNION SECURITY the communications displayed have to do with matters within the scope of representation and further provided that the employee organization appropriately posts and removes the information. The Department Head reserves the right to remove objectionable materials after notification and discussion with the Union. Representatives of the Union, not on County time, shall be permitted to place a supply of employee literature at specific.locations in County buildings if arranged through the Department Head or designated representative; said representatives may distribute employee organization literature in work areas (except work areas not open to the public) if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on duty.employees. The Union shall be allowed access to work locations in which it represents employees for the following purposes: a. to post literature on bulletin boards; b. to arrange for use of a meeting room; C. to leave and/or distribute a.supply of literature as indicated above; d. to represent an employee on.a grievance and/or to contact a Union officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason for the visit, will be made with the departmental.representative in charge of the work area and the visit will not interfere with County services. 2.7 Use of County Buildings. The Union shall be allowed the use of areas normally used for meeting purposes for meetings of County employees during non-work hours when: a. such space is available and its use by the Union is scheduled twenty-four (24) hours in advance; b. there is no additional cost to the County; C. it does not interfere with normal County operations; d. employees in attendance are not on duty and are not scheduled for duty; e. the meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Union shall maintain proper order at the meeting and see that the space is left in a clean and orderly condition. The use of County equipment (other than items normally used in the conduct of business meetings such as desks, chairs, and blackboards) is strictly prohibited, even though it may be present in the meeting area. LOCAL NO. 1, FACS SITE SUPERVISOR -6 - • 2005-2008 MOU SECTION 3 - NO DISCRIMINATION AND AMERICANS WITH DISABILITIES ACT (ADA). 2.8 Advance Notice. The Union shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions designated by the Board, and to meet with the body considering the matter. The listing of an item on a public agenda, or the mailing of a copy of a proposal at least seventy- two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four(24) hours before the item will be heard, shall constitute notice. In cases of emergency when the Board, or boards and commissions designated by the Board, determines it must act immediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical after its action. 2.9 Assignment of Classes to Bargaining Units. The County shall assign new classes in accordance with the following procedure: A. Initial Determination. When a new class title is established, the Labor Relations Manager shall review the composition of existing representation units to determine the appropriateness of including some or all of the employees in the new Class in one or more existing representation units, and within a reasonable period of time, shall notify all recognized employee organizations of his or her determination. B. Final Determination. This determination is final unless, within ten (10) days after notification, a recognized employee organization requests in writing to meet and confer thereon. C. Meet and Confer and Other Steps. The Labor Relations Manager shall meet and confer with such requesting organizations (and with other recognized employee organizations where appropriate) to seek agreement on this matter within sixty (60) days after the ten-day period in Subsection B, unless otherwise mutually agreed. Thereafter, the procedures in cases of agreement and disagreement, arbitration referral and expenses, and criteria for determination shall conform .to those in Subsections (d) through (i) of Section 34-12.008 of Board Resolution 81/1165. 2.10 Written Statement for New Employees. The County will provide a written statement to each new employee hired into a classification in the bargaining unit, noting that the employee's classification r is represented by the Union and the name of a representative of the Union. The County will provide the employee with a packet of information that has been supplied by the Union and approved by the County. The County shall provide an opportunity for the Union to make a fifteen (15) minute presentation at the end of the Human Resources Department's new employee orientation meetings. 2.11 Additional Information. Upon written request by the Union and no more that two times per year, the Department shall provide a list of the names and classifications of employees that are members of this representation unit. SECTION 3 - NO DISCRIMINATION AND AMERICANS WITH DISABILITIES ACT (ADA). There shall be no discrimination because of sex, race, creed, color, national origin, sexual LOCAL NO. 1, FACS SITE SUPERVISOR -7 - 2001-2005 MOU SECTION 4 - OFFICIAL REPRESENTATIVES orientation or union activities against any employee or applicant for employment by the'County or by anyone employed by the County; and to the extent prohibited'', by applicable State and Federal law there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established for the position, or from carrying out the duties of the position safely. The County and the Union recognize that the County has an obligation to reasonably accommodate disabled employees. If by reason of the aforesaid requirement, the County contemplates actions to provide reasonable accommodation to an individual employee in compliance with the Americans with Disabilities Act (ADA) which !are in conflict with any provision of this Agreement, the Union will be advised of such proposed accommodation. Upon request, the County will meet and confer with the Union on the impact of such accommodation. If the County and the Union do not reach agreement, the County may implement the accommodation if required by law without further negotiations. Nothing in this MOU shall preclude the County from taking actions necessary to comply with the requirements of the ADA. SECTION 4 -OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetings. Employees designated as official representatives of the Union shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: a. If their attendance is required by the County at a specific meeting; b. if their attendance is sought by a hearing body or_presentation of testimony or other reasons; C. if their attendance is required for meeting(s) scheduled at reasonable times, agreeable to all parties, and required to address appeals filed pursuant to Section 23—Grievance Procedure of this MOU; d. they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance — provided the meetings are scheduled at reasonable times agreeable to all parties; e. if they are designated as spokesperson or representative of the Union and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's work station or assignment are made with the appropriate department head or his designee, and the County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required. f. Union officials shall advise, as far in advance as possible, their immediate supervisor, or his/her designee, of their intent to engage in union business. All . arrangements for release time shall include the location, the estimated time needed and the general nature.of the union business involved (e.g. 'grievance meeting). LOCAL NO. 1, FACS.SITE SUPERVISOR -8 - 2005-2008 MOU SECTION 5 - SALARIES 4.2 Union Representatives. Official representatives of the Union shall be allowed time off on County time for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Labor Relations Manager or other management representatives on matters within the scope of representation, provided that the number of such representatives shall not exceed two (2) without prior approval of the Labor Relations Manager, and that advance arrangements for the time away from the work station or assignment are made with the appropriate department head or designee. 4.3 Release Time for Training. The County shall provide a maximum of sixteen (16) total hours per year of release time for official representatives of the Union to attend Union- sponsored training programs. Requests for release time shall be provided in writing to the Department and County Human Resources at least fifteen (15) days in advance of the time requested. Department Heads will reasonably consider each request and notify the affected employee whether such request is approved, within one (1)week of receipt. SECTION 5 -SALARIES 5.1 General Wage Increase. Because employees in the Family and Children's Services Site Supervisor Unit receive external State and federal funding for their programs, these employees are not eligible for general cost of living wage adjustments negotiated between Local One and the County. The following wage increases are effective for Family and Children's Services Site Supervisor Unit employees represented by Public Employees Union, Local One: July 1, 2007 2% increase July 1, 2008 2% increase Employees who did not receive a negotiated wage increase during FY 05/06 and were employed on January 1, 2006 and are currently employed upon adoption of the MOU by the Board of Supervisors, will receive a one time payment of$1500 prorated for permanent part- time, permanent intermittent, and temporary employees. The proration will be based on $.72/hour for each straight time hour worked or in paid status during the period July 1, 2005 to June 30, 2006. Payment of this one-time lump sum payment will be made on the November 10, 2006 paycheck. 5.2 Entrance Salary. New employees shall generally be appointed at the minimum step of the salary range established for the particular class of the position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range. 5.3 Certification.Rule. A. Open Employment List. On each request for personnel from an open employment list, ten (10) names shall be certified. If more than one (1) position is to be filled in any class in a department at the same time from the same request for personnel, the number of names to be certified from an open employment list shall be equal to the number of positions to be filled plus nine (9). LOCAL NO. 1, FACS SITE SUPERVISOR -9 - 2001-2005 MOU SECTION 5 -SALARIES B. Promotional Employment List. On each request for personnel from a promotional employment fist, five (5) names shall be certified. If more than one (1) position is to be filled in any class in a.department at the same time from the same request for personnel, the number of names to be certified from a promotional employment list shall be equal to the number of positions to,be filled plus four(4). 5.4 Anniversary Dates, Anniversary dates will be set as follows: A. New Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee successfully completes six (6) months service; provided however, if an employee began work on the first regularly scheduled workday of the month, the anniversary date is the first day of the calendar month when the employee successfully completes six (6) months service. B. Promotions. The anniversary date of a promoted employee is determined as for new employee in Subsection 5.4.A above. C. Demotions. The anniversary of a demoted employee is the first day of the calendar month after the calendar month when the demotion was effective. D. Transfer, .Reallocation and Reclassification.. The anniversary . date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary range or to a salary range which is within five percent (5%) of the top step of the previous classification, remains unchanged. E. Reemplovments. The anniversary of an employee, appointed from a reemployment list to the first step of the applicable salary 'range and not required to serve a probation period is determined in the same way as the anniversary date is determined for a new employee who is appointed the same date, classification and step, and who then successfully completes the required probationary period. 5.5 Increments Within Range. The performance of each employee', � except employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5.4 —Anniversary Dates, to determine whether the salary of the employee shall be advanced to the next higher step in the salary range. Advancement shall be granted on the affirmative recommendation of the appointing., authority, based on satisfactory performance by the employee. The appointing authority may recommend denial of the increment or denial subject to one additional review at some specified date before the next anniversary, such date to be set at the time the original report is returned. Except as herein provided, increments within range shall not be granted more frequently than once a year, nor shall more than one (1) step within-range increment be'granted at one time. In case an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review at some date before the next anniversary, the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the County. If an operating department verifies in writing that an administrative or LOCAL NO. 1, FACS SITE SUPERVISOR . 10- 2005-2008 MOU SECTION 5 - SALARIES clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 5.6 Compensation for Portion of Month. Any employee who works less than any full calendar month, except when on earned vacation or authorized sick leave, shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular month. 5.7 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule as is the class of the position before it was reclassified, shall be paid at the same step of the range as the employee received under the previous classification. An incumbent of a position which is reclassified to a class which is allocated to a lower range of the basic salary schedule shall continue to receive the same salary as before the reclassification, but if such salary is greater than the maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater than the range of the class of the position before it was reclassified shall be governed by the provisions of Section 5.9 - Salary on Promotion. 5.8 Salary Reallocation &Salary on Reallocation: A. In a general salary increase or decrease, an employee in a class which is reallocated to a salary range above or below that to which it was previously allocated, when the number of steps remain the same, shall be compensated at the same step in the new salary range the employee was receiving in the range to which the class was previously allocated. If the reallocation is from one salary range with,more steps to a range with fewer steps or vice versa, the employee shall be compensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before reallocation to the top step of the old range, but in no case shall any employee be compensated at less than the first step of the range to which the class is allocated. B. In the event that a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in 5.8.A above, each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. In the event that the steps in the new range do not contain the same rates as the old range, each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range, or if the new range does not contain a higher step, at the step which is next lower than the salary received in the old range. LOCAL NO. 1, FACS SITE SUPERVISOR - 11 - 2001-2005 MOU SECTION 5 -SALARIES C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as, above, or below the salary range of the employee's previous class, the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallocation. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the incumbent shall be placed at the step which is next lower than the salary received in the old range. D. In the event of reallocation to a deep class, the provisions of the deep class resolution and incumbent salary allocations, if any, shall supersede Section 5.9— Salary on Promotion. 5.9 Salary on Promotion. Any employee who is appointed to a position of a class allocated to a higher salary range than the class previously occupied, except as provided.under Section 5.11 —,Salary on Voluntary Demotion, shall receive the salary in the new salary range which is next higher than the rate received before promotion. In the event this increase is less than five percent (5%), the employee's.salary shall be adjusted to the step in the new range which is at least five percent (5%) greater than the next higher step; provided, however, that the next step shall not exceed the maximum salary for the higher class. . In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in a decrease in which case the employee is appointed to the next higher step. If however, the employee is being appointed into a class allocated to a higher salary range than the class from which the employee was laid off, the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee's current step, whichever is higher. 5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.12 - Transfer, 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 lower than the salary received before demotion. In the event this decrease. is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided, however, that the next step shall not be less than the minimum salary for the lower class. Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted employee shall be that step on the salary range which he/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. 5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a position in a class having a salary schedule lower than that of the class from which he or 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, new salary shall be set at the step next below former salary. 5.12 Transfer. An employee who is transferred from one position to another as described under 'Transfer" shall be placed at the step in the salary range of the new class which equals the rate of pay received before the transfer. In the event that the steps in the range for the new LOCAL NO. 1, FACS SITE SUPERVISOR -12- 2005-2008 MOU SECTION 5 - SALARIES class do not contain the same rates as the range for the old class, the employee shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the employee shall be placed at the step which is next lower than the salary received in the old range. 5.13 Pay for Work in Higher Classification. When an employee in this representation unit is required to work in a classification for which the compensation is greater than that to which the employee is regularly assigned, the employee shall receive compensation for such work at the rate of pay established for the higher classification pursuant to Section 5.9 - Salary on Promotion, at the start of the second full day in the assignment, under the following conditions:. Payment shall be made retroactive after completing the first forty (40) consecutive hours worked in the higher classification. a. The employee is assigned to a program service, or activity established by the Board of Supervisors which is reflected in an authorized position which has been established and assigned to the Salary Schedule. b. The nature of the departmental assignment is such that the employee in the lower classification performs a majority of the duties and responsibilities of the position of the higher classification. C. Employee selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. d. The County shall make reasonable efforts to offer out of class assignments to all interested employees on a voluntary basis. Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures provided in this Memorandum. e. Higher pay assignments shall not exceed six (6) months except through reauthorization. f. If approval is granted for pay for work in a higher classification and the assignment is terminated and later re-approved for the same employee within one hundred eighty (180) days no additional waiting period will be required. g. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential) accruing to the employee in his/her regular position shall continue. h. During the period of work for higher pay in a higher classification, an employee will retain his/her regular 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 (1) year continuous employment, the employee, upon satisfactory performance -in the higher classification, shall be eligible for a salary review in that class on his/her next anniversary date. Notwithstanding any other salary regulations, the salary step placement of employees appointed to the higher class immediately following termination of the assignment, shall remain unchanged. LOCAL NO. 1, FACS SITE SUPERVISOR -13 - 2001-2005 MOU SECTION 6 - DAYS AND HOURS OF WORK 5.14 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the preceding month; provided, however, that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his/her warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3) or less, at the employee's option, of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. The election'to receive an advance shall be made on or before April 30 or October 31 of each year or during the first month of employment by filing on forms prepared by the Auditor- Controller a notice of election to receive salary advance. Each election shall become effective on the first day of the month following the deadline for filing the notice and shall remain effective until revoked. In the case of an election made pursuant to this Section, 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. 5.15 Pay Warrant Errors. If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and holidays from the time the Department is made aware of and verifies that the pay warrant is in error. Pay errors in employee pay shall be corrected as soon as possible as to current pay rate but that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the six (6) month period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the appointing authority or designee, the Director of Human Resources or-designee, or the Auditor- Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. When the County notifies an employee of an overpayment and proposed repayment schedule and the employee wishes to meet with the County, a meeting will be held at which time a repayment schedule shall be determined. If requested by the employee, a Union representative may be present at a meeting with management to discuss a repayment schedule in the case of overpayments to the employee. SECTION 6 - DAYS AND HOURS OF WORK The normal work-week of County employees is forty (40) hours, usually five (5), eight (8) hour days. However, where operational requirements of a department require deviations from the usual pattern of hours and days per work-week,an employee's work hours may be scheduled to meet these requirements. LOCAL NO. 1, FACS SITE SUPERVISOR -14 - 2005-2008 MOU SECTION 7 - ANNUAL ADMINISTRATIVE LEAVE 6_1 Work Schedule Re-Opener. The parties agree to reopen the work schedule provisions of the Memorandum of Understanding for the purpose of ensuring consistent practices among the departments and compliance with appropriate regulatory requirements. Any changes to the MOU and/or past practice except those.necessitated by legal requirements shall be subject to agreement by both parties. If the County believes a change is necessitated by legal requirements, it shall notify the Union of the change and the legal basis thereof. The County shall offer to meet with the Union before the County implements such change. SECTION 7—ANNUAL ADMINISTRATIVE LEAVE Site Supervisors shall continue to be credited with sixty (60) hours of paid administrative leave each January 1 st. This leave time is non-accruable and all balances will be zeroed-out effective December 31, each year. Employees hired after January 1 shall have such leave prorated based upon position hours. This administrative leave is provided in recognition of those situations when Site Supervisors are expected to work additional hours without receiving overtime pay, such as when responding to emergencies, attending various meetings and administering the program. SECTION 8—SECTION INTENTIONALLY LEFT BLANK SECTION 9—WORKFORCE REDUCTION AND LAYOFF 9.1 Workforce Reduction. In the event that funding reductions or shortfalls in funding occur in a department or are expected, which may result in layoffs, the department will notify the union and take the following actions: A. Identify the classifications) in which position reductions may be required due to funding reductions or shortfalls. B. Advise employees in those classifications that position reductions may occur in their classifications. C. Accept voluntary leaves of absence from employees in those classifications which do not appear to be potentially impacted by possible position reductions when such leaves can be accommodated by the department. D. Consider employee requests to reduce their position hours from full time to part time to alleviate the impact of the potential layoffs. E. Approve requests for reduction in hours, lateral transfers, and voluntary demotions to vacant, funded positions in classes not scheduled for layoffs within the department, as well as to other departments not experiencing funding reductions or shortfalls when it is a viable operational alternative for the department(s). F. Review various alternatives which will help mitigate the impact of the layoff by working through the Tactical Employment Team program (TET) to: LOCAL NO. 1, FACS SITE SUPERVISOR -15 - 2001-2005 MOU SECTION 9 - WORKFORCE REDUCTION AND LAYOFF 1. Maintain an employee skills inventory bank to be used as a,basis for referrals to other employment opportunities. 2. Determine if there are other positions to which employees may be transferred. 3. Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. 4. Establish workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. G. When it appears to the'Department Head and/or Labor Relations Officer that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit, the Labor Relations Officer shall notify the Union of the possibility of such layoffs and shall meet and confer with the Union regarding the implementation of the action. 9.2 Separation Through Layoff A. Grounds for Layoff. Any employee(s) may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). B. Order of La off. The order of layoff in a department shall be based on inverse seniority in the class of positions, the employee in that department with least seniority being laid off first and so on. C. Layoff By Displacement. 1. In the Same Class. A laid off, full time employee may displace an employee in the department having less seniority in the same class who occupies a permanent part-time position, the least senior employee being . displaced first. 2. In the Same Level or Lower Class. A laid off or displaced employee who had completed probation in a class at the same or lower salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class of an employee having less seniority; the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. D. Particular Rules on Displacing. 1. Permanent part-time employees may displace only employees holding positions of the same type respectively. LOCAL NO. 1, FACS SITE SUPERVISOR -16 - 2005-2008 MOU SECTION 9 - WORKFORCE REDUCTION AND LAYOFF 2. A full time employee may displace any part-time employee with less seniority 1) in the same class or, 2) in a class of the same or lower salary level if no full time employee in a class at the same or lower salary level has less seniority than the displacing employees. 3. Former 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 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. 4. It is understood that Project employees are not covered by the Merit System and that Project employees cannot displace Merit System employees. E. Seniority. An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salary schedule in effect at the time of layoff. Employees reallocated or transferred without examination from one class to another class having a salary within five (5%) percent of the former class shall carry the seniority accrued in the former class into the new class. Service for layoff and displacement purposes includes only the.employee's last continuous regular County employment. Periods of separation may not be bridged to extend such service unless the separation is a result of layoff in which case bridging will be authorized if the employee is reemployed in a position within . the period of,layoff eligibility. Approved leaves of absence as provided for in this MOU shall not constitute a period of separation. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous regular County employment. If there remain ties seniority rights, such ties shall be broken by counting total time in the department in regular employment. Any remaining ties shall be broken by random selection among the employees involved. F. Eligibility for Layoff List. Whenever any person is laid off, has been displaced, has been demoted by displacement or has voluntarily demoted in lieu of layoff or displacement, or has transferred in lieu of layoff or displacement, the person's name shall be placed on the layoff list for the class of positions from which that person has been removed. G. Order of Names on Layoff List. 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. Names shall be listed in order of layoff seniority in the class from which laid off, displaced, demoted or transferred on the date of layoff, the most senior person listed first. In case of ties in seniority, the seniority rules shall apply except that where there is a class seniority tie between persons laid off from different departments, the tie(s) shall be broken by length of last continuous regular LOCAL NO. 1, FACS SITE SUPERVISOR - 17 - 2001-2005 MOU SECTION 9 - WORKFORCE REDUCTION AND LAYOFF County employment with remaining ties broken by random selection among the employees involved. H. Duration of Layoff and Reemployment Rights. The name of any person granted reemployment privileges shall continue on the appropriate list for a period of two (2) years. Persons placed on layoff lists shall continue on the appropriate list for a period of four (4) years. I. Appointment of Persons From Layoff Lists: Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or transferred in lieu of layoff or displacement. When a request for personnel is received from the appointing authority of a department from which an eligible(s) was laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list from the department. When a request for personnel is received from a department from which an eligible(s) was not laid- off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period..A person employed from a layoff list shall be appointed at the same step of the salary range the employee held on the day of layoff. Non-Merit employees will be required to meet all Merit System requirements when seeking appointment to a Merit System job. J. Removal of Names from Reemployment & Layoff Lists. The Director of Human Resources may remove the name of any eligible from.a reemployment or layoff list for any reason listed below: 1. For any cause stipulated in Section.404.1 of the Personnel Management Regulations. 2. On evidence that the eligible cannot be located by postal authorities. 3. On receipt of a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for appointment in the class. 4. If three (3) offers of appointment to the class for which the eligible list was established have been declined by the eligible. 5. If the eligible fails to respond to the Director of Human Resources or the appointing authority within ten (10) days to written notice mailed to the person's last known address. 6. If the person on the reemployment or layoff list is appointed to another position in the same or lower classification, the name of the person shall be removed. 7. However, if the first appointment of a person on a layoff list is to a lower class which has a top step salary lower than the top step of the class from which the person was laid off, the name of the person shall not be removed from the.layoff list. Any subsequent appointment of such person from the layoff list shall result in removal of that person's name. LOCAL NO. 1, FACS SITE SUPERVISOR _ 18 - 2005-2008 MOU SECTION 10 - HOLIDAYS K. Removal of Names from Reemployment and Layoff List. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff list if the eligible fails to respond within five (5) days to a written notice mailed to the person's last known address. .9.3 Notice. The County agrees to give employees scheduled for layoff at least ten (10) work days notice prior to their last day of employment. 9.4 Special Employment Lists. The County will establish a Tactical Employment Team (TET) Employment Pool which will include the names of all laid off County employees. Special employment lists for job classes may be established from the pool. Persons placed on a special employment list must meet the minimum qualifications for the class. An appointment from such a list will not affect the individual's status on a layoff list(s). Employees in the TET employment pool shall be guaranteed a job interview for any vacant funded position for which they meet minimum qualifications. If there are more than five such employees who express an interest for one vacant funded position, the five most senior employees shall be interviewed. Seniority for this subsection shall be County seniority. 9.5 Reassignment of Laid Off Employees. Employees who displaced within the same classification from full time to part-time status in a layoff, or who voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a position of another status than that from which they were laid off upon referral from the layoff list, may request reassignment back to their pre-layoff status (full time or part-time or increased hours). The request must be in writing in accord with each department's reassignment bid or selection process. Employees will be advised of the reassignment procedure to be followed to obtain reassignment back to their former status at the time of the workforce.reduction. The most senior laid off employee in this status who requests such a reassignment will be selected for the vacancy; except when a more senior laid off individual remains on the layoff list and has not been appointed back to the class from which laid off, a referral from the layoff list will be made to fill the vacancy. SECTION 10 - HOLIDAYS 10.1 Holidays Observed. The County will observe the following holidays: January 1st, known as New Year's Day Third Monday in January, known as Dr. Martin Luther King, Jr. Day Third Monday in February, known as President's Day The last Monday in May, known as Memorial Day July 4th, known as Independence Day First Monday in September, known as Labor Day November 11th, known as Veterans Day Fourth Thursday in November, known as Thanksgiving Day Friday after Thanksgiving Day December 25th, known as Christmas Day Such other days as the Board of Supervisors may by resolution designate as holidays. Any holiday listed above which falls on a Saturday shall be celebrated on the proceeding Friday and any holiday listed above which falls on a Sunday shall be celebrated on the following LOCAL NO. 1, FACS SITE SUPERVISOR -19 - 2001-2005 MOU SECTION 11 - VACATION LEAVE Monday. 10.2 Floating Holidays. All employees shall accrue two (2)'hours of personal holiday credit per month. Such personal holiday time may be taken in increments of one-tenth (1/10). hour (6 minutes). No employee may accrue more than forty (40) hours of personal holiday credit. On separation from County service, the employee shall be paid for any unused personal holiday credits at the employee's then current pay rate. 10.3 Application of Holiday Credit. Employees shall be entitled to a holiday whenever a holiday is observed pursuant to the schedule cited above. 10.4 Work Leave. Upon Board of Supervisors approval of the MOU, but no later than November 10, 2006, each employee will receive 24 hours of Paid Time Off(PTO) (prorated for part-time and permanent intermittent employees). If an employee is not granted his/her choice of day off, the supervisor shall suggest an alternate date. If the employee and.supervisor cannot agree on the alternate date, the employee shall observe the day off on the employee's birthday. An employee whose birthday falls on a scheduled day off, may observe the PTO on the scheduled work day immediately preceding or immediately following the employees birthday. 24/7 shift employees unable to schedule time off will be cashed out for unused time at the end of the agreement. This provision shall automatically terminate upon expiration of the MOU, and except as noted above, an employee will not be allowed to cash out any unused time. 10.5 Holidav Schedule — Re-Opener. The parties agree to reopen the holiday ,schedule provisions of the Memorandum . of Understanding for the purpose of .ensuring consistent practices among the departments on holiday scheduling, and compliance with appropriate regulatory requirements. Any changes to the MOU and/or past practice, .except those necessitated by legal requirements, shall be subject to agreement by both parties. If the. County believes a change.is necessitated by legal requirements, it shall notify the Union of the change and the legal'basis thereof. The County shall offer to meet with the Uniori before the County implements such change. SECTION 11 -VACATION LEAVE 11.1 Vacation Allowance. Employees covered by this agreement are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a position..Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour calculated on the same basis as for partial month compensation pursuant to Section 5 of this MOU., Vacation credits may be taken in 1/10 hour (6 minute) increments but may not be taken during the first six (6) months of employment (not necessarily synonymous with probationary status);except where sick leave has been exhausted; and none shall be,allowed in excess of actual accrual at the time vacation is taken. 11.2 Vacation Accrual Rates. Employees shall accrue vacation credit as follows: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 11 years 10 240 11 years 10-2/3 256 LOCAL NO. 1, FACS SITE SUPERVISOR -20 - 2005-2008 MOO SECTION 12 - SICK LEAVE 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 11.3 Accrual During Leave Without Pay. No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 11.4 Vacation Allowance for Separated Employees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 11.5 Vacation Buy Back. Employees may elect payment of up to one-third 03) of their annual vacation accrual, subject to the following conditions: (1) the choice can be made only once in each calendar year; (2) payment shall be based on an hourly rate determined by dividing the employee's monthly salary by 173.33; and (3) the maximum number of hours that may be paid in any calendar year is one-third (1/3) of the annual accrual. In those instances where a lump-sum payment has been made to employees as a retroactive general salary adjustment for a portion of the calendar year, which is subsequent to exercise by an employee of the buy-back provision herein, that employee's vacation buy-back shall be adjusted to reflect the percentage difference in base pay rates upon which the lump-sum payment was computed — provided that the period covered by the lump-sum payment was inclusive of the effective date of the vacation buy-back. SECTION 12 -SICK LEAVE 12.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by the County and may be used only as authorized; it is not paid time off which employees may use for personal activities. 12.2 Credits To and Charges Against Sick Leave. Sick leave credits accrue at the rate of eight (8) working hours credit for each completed month of service, as prescribed by County Salary Regulations. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one-tenth hour (6 minutes) increments. Unused sick leave credits accumulate from year to year. LOCAL NO. 1, FACS SITE SUPERVISOR - 21 - 2001-2005 MOU SECTION 12 - SICK LEAVE When an employee is separated other than through retirement, accumulated sick leave credits shall be canceled, unless the separation results from layoff, in which case the accumulated credits shall be restored if re-employed in a regular position within the period of layoff eligibility. As of the date of retirement, an employee's accumulated sick leave is converted to retirement on the basis of one (1) day of retirement service credit for each day of accumulated sick leave credit. 12.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the primary purpose of paid sick leave is to ensure employees against loss of pay for.temporary absences from work due to illness or injury. The following definitions apply: Immediate Family: Includes only the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister,.grandparent, grandchild, niece, nephew, father- in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, foster children, aunt, uncle, cousin, stepbrother, stepsister, or domestic partner of an employee and/or includes any other person for whom the employee is the legal guardian or conservator, or any person who is claimed as a "dependent"for IRS reporting purposes by the employee. Employee: Any person employed-by Contra Costa County in an allocated position in the County service. Paid Sick Leave Credits: Sick leave credits provided for by County Salary Regulations and memoranda of understanding. Condition/Reason: With respect to necessary verbal contacts and confirmations which occur between the department and the employee when sick leave is requested or verified, a brief statement in non-technical terms from the employee regarding inability to work due to injury or illness is sufficient. Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: a. Temporary 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.. b. Permanent Disability Sick Leave. Permanent disability means the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which the employee is qualified by reason of education, training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: 1. An application for retirement due to disability has been filed with the Retirement Board. 2. Satisfactory medical evidence of such disability is. received by .the appointing authority within thirty (30) days of the start of use of sick leave for permanent.disability. LOCAL NO. 1, FACS SITE SUPERVISOR -22- 2005-2008 MOU SECTION 12 - SICK LEAVE 3. The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met.' C. Communicable Disease. An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a communicable disease. d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability under the conditions set forth below: 1. Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician anticipates the disability to terminate. 2. If an employee does not apply for leave and the appointing authority believes that the employee is not able to properly perform her work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery therefrom the employee shall be required to undergo a physical examination by a physician selected by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3. Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. e. Medical and Dental Appointments. An employee may use paid sick leave credits: 1. For working time used in keeping medical and dental appointments for the employee's own care; and 2. For working time used by an employee for prescheduled medical and dental appointments for an immediate family member. f. Emergency Care of Family. An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. LOCAL NO. 1, FACS SITE SUPERVISOR -23 - 2001-2005 MOU SECTION 12 - SICK LEAVE g- Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family or of the employee's domestic partner, but this shall not exceed three (3) working days, plus up to two (2) days of work time for necessary travel. Use of additional accruals including sick leave when appropriate.may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. h. -Legal Adoption of a Child. Paid sick leave credits may be used by an employee upon adoption of the child. r. Accumulated paid sick leave credits may not be used in the following situations: • 1. Vacation. Paid sick leave credits may not be used for an employee's illness or injury which occurs while he is on vacation but the County Administrator may authorize it when extenuatingcircumstances exist and the appointing authority approves. 2. Not in Pay Status. Paid sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status. 12.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of the employee and the department head. The following procedures apply: a. Employee Responsibilities 1. Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2. Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work. 3. Employees are 'responsible for obtaining advance approval from their supervisor for the scheduled time of pre-arranged personal or family medical and dental appointment. 4. Employees are encouraged to keep the department advised of (1) a current telephone number to which sick leave •related inquiries may be directed, and (2) any condition(s) and/or restriction(s) that may reasonably be imposed regarding specific locations and/or persons the department may contact to verify the employee's sick leave. b. Department Responsibilities. The use of sick leave may properly be denied if these procedures are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary'action. Departmental approval of sick leave is a certification of,the legitimacy of the sick leave claim. The department head or designee may make reasonable inquiries about employee absences. The department may require medical verification for LOCAL NO. 1', FACS SITE SUPERVISOR -24- 1 2005-2008 MOU SECTION 12 - SICK LEAVE an absence of three (3) or more working days. The department may also require medical verification for absences of less than three (3) working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: 1. Calling the employee's residence telephone number or other contact telephone number provided by the employee if telephone notification was not made in accordance with departmental sick leave call-in guidelines. . These inquiries shall be subject to any restrictions imposed by the employee under Section 12.4.a. 2. Obtaining the employee's signature on the Absence/Overtime Record, or on another form established for that purpose, as employee certification of the legitimacy of the claim. 3. Obtaining the employee's written statement of explanation regarding the sick leave claim. 4. Requiring the employee to obtain a physician's certificate or verification of the employee's illness, date(s) the employee was incapacitated, and the employee's ability to return to work, as specified above. 5. In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as specified above. Department heads are responsible for establishing timekeeping procedures which will insure the submission of a time card covering each employee absence and for operating their respective offices in accordance with these policies and with clarifying regulations issued by the Office of the County Administrator. To help assure uniform policy application, the Human Resources Director or designated management staff of the County Human Resources Department should be contacted with respect to sick leave determinations about which the department is in doubt. 12.5 Disability. A. An employee physically or mentally incapacitated for the performance of duty is subject to dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937. An appointing authority 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 physically or mentally incapacitated for the performance of the employees duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employees, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense and—on the employee's paid time, a physical, medical examination by a licensed physician and/or psychiatric examination by a licensed physician or psychologist, and receive a report of the findings on such LOCAL NO. 1, FACS SITE SUPERVISOR -25- 2001-2005 MOU SECTION 12 - SICK LEAVE examination. If, the examining physician or psychologist. recommends, that treatment for physical or mental health problems, including leave, are in the best interests of the employee or the County in relation to the employee overcoming any disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due to temporary or permanent disability shall be without prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee is entitled other than regular salary. The Human Resources Director may order lost pay restored for good cause and subjectto the employee's duty to mitigate damages. D. Before an employee returns to work from any absence,for illness or injury, other leave of absence or disability,leave, exceeding two" weeks in duration, the appointing authority may order the employee to undergo at County expense a physical, medical, and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. If the.report shows that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as 'he/she deems necessary in accordance with appropriate provisions of this.MOU. E. Before an employee is placed on an unpaid leave of absence or suspended because of physical or mental.incapacity under (A) or (B) above, the employee shall be given notice of the proposed leave of absence or suspension by letter or memorandum, delivered personally or.by certified mail, containing the following: 1.. a statement of the leave of absence or suspension proposed; 2. f the proposed dates or duration of the leave or suspension which may be indeterminate until a certain physical or mental health condition has been attained by the employee; - 3. a statement of the basis upon which the action is being taken; 4. a.statement that the employee may review the materials upon which the action is taken; 5. a statement that the employee has until a specified date (not less than seven (7) work days from personal delivery or, mailing of the notice) to respond to the appointing authority orally'or in writing. F. Pending response to the notice the appointing authority for cause specified in writing may place the employee on a temporary leave of absence, with pay. G. The employee to whom the notice has been delivered or mailed shall have seven (7) work days to respond to the appointing authorityeither orally or in writing before the proposed action may be taken. H. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension in writing stating specifically the basis upon which the action is being taken, delivering the order to LOCAL NO. 1, FACS SITE SUPERVISOR -26 - 2005-2008 MOU SECTION 12 - SICK LEAVE the employee either personally or by certified mail, effective either upon personal delivery or deposit in the U.S. Postal Service. I. An employee who is placed on leave or suspended under this section may, within ten (10) calendar days after personal delivery or mailing to the employee of the order, appeal the order in writing through the Director of Human Resources to a Disability Review Arbitrator. J. In the event of an appeal to the Disability Review Arbitrator, the employee has the burden of proof to show that either: 1. the physical or mental health condition cited by the appointing authority does not exist, or 2. the physical or mental health condition does exist, but it is not sufficient to prevent, preclude, or impair the employee's performance of duty, or is not sufficient to endanger the health or safety of the employee, other employees, or the public. K. If the appeal is to a Disability Review Arbitrator, the employee (and his representative) will meet with the County's representative to mutually select the Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a rehabilitation specialist, or some other recognized specialist mutually selected by the parties. The arbitrator shall hear and review the evidence. The decision of the Disability Review Arbitrator shall be binding on both the County and the employee. Scope of the Arbitrator's Review. 1. The arbitrator may affirm, modify or revoke the leave of absence or suspension. 2. The arbitrator may make his decision based only on evidence submitted by the County and the employee. 3. The arbitrator may order back pay or paid sick leave credits for any period of leave of absence or suspension if the leave or suspension is found not to be sustainable, subject to the employee's duty to mitigate damages. 4.. The arbitrator's fees and expenses shall be paid one-half by the County and one-half by the employee or employee's association. L. It is understood that the benefits specified in Section 12 — Sick Leave, and Section 13 — Workers' Compensation and Continuing Pay, shall be coordinated with the rehabilitation program as determined by the labor-management committee. 12.6 Accrual Durinci Leave Without Pay. No employee who has been granted a leave without pay or an unpaid military leave shall accrue any sick leave credits during the time of such leave nor shall an employee who is absent without pay accrue sick leave credits during the absence. LOCAL NO. 1, FACS SITE SUPERVISOR -27 - 2001-2005 MOU SECTION 13 - WORKERS' COMPENSATION AND CONTINUING PAY 12.7 Confidentiality of Information/Records. Any use of employee medical records will be governed by the Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26). SECTION 13—WORKERS' COMPENSATION AND CONTINUING PAY 13.1 Workers' Compensation. For all accepted workers' compensation claims filed with the County on or after January 1, 2000, employees shall receive eighty-six percent (86%) of their regular monthly salary during any period of compensable temporary disability not to exceed one (1) year. For all accepted claims filed with the County on or after January 1, 2007, the percentage of regular monthly salary for employees entitled to Workers' Compensation shall be decreased from eighty-six percent (86%) to eighty percent (80%). For all accepted claims filed with the County on or after January 1,2008, the percentage of regular monthly salary for employees entitled to Workers' Compensation shall be decreased from eighty percent (80%) to seventy-five percent (75%). This. provision excludes those safety. employees. If workers' compensation benefits become taxable income, the County will restore the former benefit level, one hundred percent (100%) of regular monthly salary and the parties shall meet and confer with respect to funding the increased cost. 13.2 Waiting Period. There is a three (3) calendar day waiting period before workers' compensation benefits commence. If the injured .worker loses any time on the date of injury, that day counts as day one (1) of the waiting period. If the injured worker does not lose time on the date of the injury, the waiting period will be the first three (3) calendar days following the date of the injury. The time the employee is scheduled to work during this waiting period will be charged to the employee's sick leave and/or vacation accruals. In order to qualify for workers' compensation the employee must be under the-care of a physician. Temporary compensation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds fourteen (14) days. 13.3 Continuing Pay. .. Eligible employees who are members of this representation unit shall receive the appropriate percentage of regular monthly salary during any period of compensable temporary disability not to exceed one year. Paymentof continuing pay and/or temporary disability compensation shall be made in accordance with Part 2, Article 3 of the Workers' Compensation Laws of California. "Compensable temporary disability absence" for the purpose of this Section, is any absence due to work-connected disability which qualifies for temporary disability compensation as set forth in Part 2, Article 3 of the Workers' Compensation Laws of California. When any disability becomes medically permanent and stationary and/or reaches maximum medical improvement, the salary provided by this Section shall terminate: No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which continuing pay is received. Employees shall be entitled to a maximum of one (1) year of continuing pay benefits for any one injury or illness. Continuing pay begins at the same time that temporary workers' compensation benefits commence and continues until either the member is declared medically permanent/stationary an&or reaches maximum medical improvement, or until one ,(1) year of continuing pay, whichever comes first, provided the employee remains in an active employed status. Continuing pay is automatically terminated on the date an employee is separated from County service by resignation, retirement, layoff, or the employee is no longer,employed by the County. In these instances, employees will be paid workers' compensation benefits as prescribed by LOCAL NO.•1 FACS SITE SUPERVISOR -28 - 2005-2008 MOU SECTION 14 - STATE DISABILITY INSURANCE (SDI) workers' compensation laws. All continuing pay will be cleared through the County Administrator's Office, Risk Management Division. 13.4 Physician Visits. Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working hours, the employee shall be allowed time off - up to three (3) hours - for such treatment, without loss of pay or benefits provided the employee notifies his supervisor of the appointment at least three (3) working days prior to the appointment or as soon as the employee becomes aware the appointment has been made. Said visits are to be scheduled contiguous to either the beginning or end of the scheduled workday whenever possible. This provision applies only to injuries/illnesses that have been accepted by the County as work related. 13.5 Applicable Pay Beyond One Year. If an injured employee remains eligible for temporary disability beyond one (1) year, applicable salary will continue by integrating sick leave and/or vacation accruals with Workers' Compensation benefits. If salary integration is no longer available, Workers' Compensation benefits will be paid directly to the employee as prescribed by Workers' Compensation laws. 13.6 Rehabilitation Integration. An injured employee who is eligible for Workers' Compensation Rehabilitation Temporary Disability benefits and whose disability is medically permanent and stationary and/or reaches maximum medical improvement, will continue to receive applicable salary by integrating sick leave and/or vacation accruals with Workers' Compensation Rehabilitation Temporary Disability benefits until those accruals are exhausted. Thereafter, the rehabilitation Temporary Disability.benefits will be paid directly to the employee. 13.7 Health Insurance. The County contribution to the employee's group insurance plan(s) continues during the continuing pay period and during integration of sick leave or vacation with workers' compensation benefits. SECTION 14 -STATE DISABILITY INSURANCE (SDI) 14.1 General Provisions. The California SDI program provides disability benefits beginning on the eighth (8th) calendar day of a qualifying disability unless the employee is hospitalized. Upon hospitalization, benefits can be payable from the first day of the disability. If the disability exceeds fourteen (14) calendar days, benefits can be payable from the first day of the disability. The maximum period of state disability payments is up to one (1) year. Determination of SDI payments and eligibility to receive payments is at the sole discretion of the State of California. Integration means that employees will be required to use sick leave accruals to supplement the difference between the amount of the SDI payment and the employee's base monthly salary. Integration of sick leave with the SDI benefit is automatic and cannot be waived. Integration applies to all SDI benefits paid. For employees off on SDI, the department will make appropriate integration adjustments, including retroactive adjustments if necessary. Employees must inform their department of hospitalization in a timely manner in order for the department to make appropriate integration adjustments. State Disability benefit payments will be sent directly to the employees at their home address by the State of California. When there are insufficient sick leave accruals available to fully supplement the difference between the SDI payment and the employee's base monthly salary, accruals other than sick LOCAL NO. 1, FACS SITE SUPERVISOR -29 - 2001-2005 MOU SECTION 14 - STATE DISABILITY INSURANCE (SDI) leave may be used. These accruals may be used only to the extent that total payments do not exceed the employee's base monthly salary. 14.2 Procedures. Employees with more than 1.2 hours of sick leave accruals at the beginning of the disability integration period must integrate their sick leave accrual usage with their SDI benefit to the maximum extent possible. .When employees have 1.2 hours or less of sick leave accruals at the beginning of the disability integration period, the department shall automatically use 0.1 hour of sick leave per.month for the duration of their SDI benefit. When sick leave accruals are totally exhausted, integration with the SDI benefit terminates. An employee may use any other accruals without reference to or integration with the SDI benefit. When the SDI benefit is exhausted, sick leave integration terminates. Then the employee may use sick leave or other accruals. Employees with no sick leave balance at the beginning of the disability integration period may use any other accruals without reference to.or integration with the SDI benefit. Employees whose SDI claims are denied must present a copy of their claim denial to their department. The department will then authorize use of unused sick leave and shall authorize the use of other accruals as appropriate. Employees may contact the Human Resources Department, Benefits.Division, for assistance in resolving problems. 14.3 Method of Integration. Until an employee has a balance of 1.2 hours of sick leave, the employee's sick leave accrual charges while receiving SDI benefits shall be calculated each month. The amount of sick leave charged each employee will be calculated in the following manner: The percentage of base monthly salary not covered by the SDI benefit will be applied to the daily hours in..the employee's schedule and that number of sick leave hours will be charged against the employee's sick leave accruals. For purposes of integration with the SDI program, all full-time employees' schedules will be converted to 8-hour/5-day weekly work schedules 'during the period of integration. The formula for full-time employees' sick leave integration charges is shown below: L [(S-D) _ S] x 8 S Employee Base Monthly Salary H = Estimated Highest Quarter (3-mos) Earnings [H = S x 3] W Weekly SDI Benefit from State of California SDI Weekly Benefit Table C = Calendar Days in each Month D Est. Monthly SDI Benefit [D = (W=.7) x.C] L = Sick Leave Charged per Day LOCAL NO. 1, FACS SITE SUPERVISOR -30 - 2005-2008 MOU SECTION 15 - CATASTROPHIC LEAVE BANK Permanent part-time, permanent-intermittent employees, and those full-time employees working a light/limited duty, reduced schedule program shall have their sick leave integration adjusted accordingly. 14.4 Definition. "Base Monthly Salary" for purposes of sick leave integration is defined as the salary amount for the employee's step on the salary schedule for the employee's permanent classification as shown in the "Salary" field on the On-Line Payroll Time Reporting System used by departments for payroll reporting purposes. 14.5 Election and Practice. Upon election by the membership, all employees in this representation unit shall participate in the State Disability Insurance Program. The aforementioned benefits will then be administered in the same fashion as other Local One units within the County and pursuant to the practice established by the County. SECTION 15—CATASTROPHIC LEAVE BANK 15.1 Program Design. The County Human Resources Department will operate a Catastrophic Leave Bank which is designed to assist any County employee who has exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of the employee or family member. The program establishes and maintains a Countywide bank wherein any employee who wishes to contribute may authorize that a portion of his/her accrued vacation, compensatory time, holiday compensatory time or floating holiday be deducted from those account(s) and credited to the Catastrophic Leave Bank. Employees may donate hours either to a specific eligible employee or to the bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred to a requesting employee's sick leave account so that employee may remain in paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury, or condition. Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical impairment or disability which manifests itself during employment. 15.2 Operation. The plan will be administered under the direction of the Human Resources Director. The Human Resources Department will be responsible for receiving and recording all donations of accruals and for initiating transfer of credits from the Bank to the recipient's sick leave account. Disbursement of accruals will be subject to the approval of a six (6) member committee composed of three (3) members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests for credits and shall make determinations as to the appropriateness of the request. The committee shall determine the amount of accruals to be awarded for employees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requestor basis. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and shall be treated as regular sick leave accruals. To receive credits under this plan, an employee must be a member of this representation unit, must have exhausted all time off accruals to a level below eight (8) hours total, have applied for a medical leave of absence and have medical verification of need. Donations are irrevocable unless the donation to the eligible employee is denied. Donations LOCAL NO: 1, FACS SITE SUPERVISOR -31 - 2001-2005 MOU SECTION 16 - LEAVE OF ABSENCE may be made in hourly blocks with a minimum donation of not less' than four (4) hours per donations from balances in the vacation, holiday, floating holiday, compensatory time, or holiday compensatory time accounts. Employees who elect to donate to a specific individual shall have seventy-five percent (75%) of their donation credited to the individual and twenty five percent (25%) credited to the Catastrophic Leave Bank. Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient's base.hourly rate when disbursed, Credits will not be on a straight hour-for-hour basis. All computations will be on a standard one hundred seventy three and thirty three hundredths (173.33) basis, except that employees on other than a forty (40) hour week will have hours prorated according to their status. Any recipient will be limited to a total of one thousand forty (1040) hours or its equivalent per catastrophic event; each donor will be limited to one hundred twenty (120) hours per calendar year. No element of this plan is grievable. All appeals from either a donor or recipient will be resolved on a final basis by the Director of Human Resources. No employee will have any entitlement to catastrophic leave benefits. The award of Catastrophic Leave will be at the sole discretion of the committee; both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six (6) months. The committee will be entitled to limit benefits in accordance with available contributions and to choose from among eligible applicants,'on an anonymous basis, those who will receive benefits, except for hours.donated to a specificl�employee. In the event a donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria, the donating employee may authorize the hours to be donated to the bank or returned to the donor's account. The donating employee will have fourteen (14) calendar days from notification to submit his/her decision regarding the status of their donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank. Any unused hours transferred,to a recipient will be returned to the Catastrophic Leave Bank. SECTION 16 - LEAVE OF ABSENCE 16.1 Leave Without Pay. Any employee represented by this unit may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions, and family care shall be granted in accordance with applicable State and Federal law. 16.2 General Administration - Leaves of Absence. Requests for leave without pay shall be made upon forms prescribed by the Director of Human Resources and shall state specifically the reason for the request,-the date when,it is desired to begin the leave, and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1. Illness, disability, or serious health condition; 2. pregnancy or pregnancy disability; LOCAL NO. 1, FACS SITE SUPERVISOR -32 - 2005-2008 MOU SECTION 16 - LEAVE OF ABSENCE 3. family care; 4. to take a course of study such as will increase the employee's usefulness on return to the position; 5. for other reasons or circumstances acceptable to the appointing authority. B. An employee must request family care leave at least thirty (30) days before the leave is to begin if the need for the leave is foreseeable. If the need is not foreseeable, .the employee must provide written notice to the employer within five (5) days of learning of the event-by which the need for family care leave arises. C. A leave without pay may be for a period not to exceed one (1) year, provided the appointing authority may extend such leave for additional periods. The procedure in granting extensions shall be the same as that in granting the original leave, provided that the request for extension must be made not later than thirty (30) calendar days before the expiration of the original leave. D. Nevertheless, a leave of absence for the employee's serious health condition or for family care (FMLA) shall be granted to an employee who so requests it for up to eighteen (18) weeks during a "rolling" twelve (12) month period measured backward from the date the employee uses his/her FMLA leave in accordance with Section-16.5 below. E. Whenever an employee who has been granted a leave without pay desires to return before the expiration of such leave, the employee shall submit a request to the appointing authority in writing at least fifteen (15) days in advance of the proposed return. Early return is subject to prior approval by the appointing authority. The Human Resources Department shall be notified promptly of such return. 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 on granting or denying leave or early return from leave shall be subject to appeal to the Human Resources Director and not subject to appeal through the grievance procedure set forth in this MOU. 16.3 Furlough Days Without Pay. Subject to the prior written approval of the appointing authority; employees may elect to take furlough days or hours without pay (pre-authorized absence without pay), up to a maximum of fifteen (15) calendar days for any one period. Longer pre-authorized absences without pay are considered leaves of absence without pay. Employees who take furlough time shall have their compensation for the portion of the month worked computed in accord with Section 5.6 - Compensation for Portion of Month of this MOU. Full time and part-time employees who take furlough time shall have their vacation, sick leave, floating holiday, and any other payroll computed accruals computed as though they had worked the furlough time. When computing vacation sick leave, floating holiday, and other accrual credits for employees taking furlough time, this provision shall supersede Section 11.3 — Vacation Accrual ,During Leave Without Pay, Section 12.2 — Credits To and Charges Against Sick Leave, Section 12.6 — [Sick Leave] Accrual During Leave Without Pay, and Section 16.1 — [Leave of Absence] Leave Without Pay of this MOU regarding the computation of vacation, sick LOCAL NO. 1, FACS SITE SUPERVISOR -33 - 2001-2005 MOU SECTION 16 - LEAVE OF ABSENCE leave, floating holiday, and other accrual credits as regards furlough time only. For payroll purposes, furlough time (absence without pay with prior authorization of the appointing authority) shall be reported separately from other absences without pay to the Auditor- Controller. The existing Voluntary Time Off ,program shall be continued for the life of the contract. 16.4 ' Military Leave. Any employee who is ordered to. serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof shall be. granted a military leave for the period of such service, plus ninety (90) days. Additionally, any employee who volunteers for service during a mobilization under Executive Order of the President or Congress of the United States and/or the State Governor in time of emergency, shall be granted a leave of absence in accordance with applicable Federal or State laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled .to return to his/her position provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. . An employee who has been granted a military leave shall not,,by reason of such absence, suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has been granted a military leave, 'may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the Director of Human Resources may deem necessary. 16.5 Family Care Leave or Medical Leave: Upon request to the appointing authority, in a "rolling" twelve (12) month period measured backward from the date the employee uses his/her FMLA-leave, any employee who has permanent status shall be entitled to at least eighteen (18) weeks leave (less if so requested by the employee) for. A. medical leave of absence for the employee's own serious health condition which makes the employee unable to perform the functions of the employee's position; or B. family care leave of absence without pay for,reason of,the birth of a child of the employee, the placement of a'child with an employee in connection with the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. 16.6 Certification. The employee may be asked to provide certification of the need for family care leave or medical leave. Additional period(s) of family care or medical leave may be granted by the appointing authority. 16.7 Intermittent Use of Leave. The eighteen (18) week entitlement may be in broken periods, intermittently on a regular or irregular basis, or.may include•reduced work schedules depending on the specific circumstances and situations surrounding the request for leave.-The eighteen (18) weeks may include use of appropriate available paid leave accruals when accruals are used to maintain pay status, but use of such accruals is not required beyond that LOCAL NO. 1, FACS SITE SUPERVISOR -34 - 2005-2008 MOU SECTION 16 - LEAVE OF ABSENCE specified in Section 16.12 below. When paid leave accruals are used for a medical or family care leave, such time shall be counted as a part of the eighteen (18) week entitlement. 16.8 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 an aggregate for both employees together of eighteen (18) weeks during a "rolling" twelve (12) month period measured backward from the date the employee uses his/her FMLA leave. Employees requesting family care leave are required to advise their appointing authority(ies) when their spouse is also employed by the County. 16.9 Definitions. For medical and family care leaves of absence under this section, the following definitions apply: A. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child who is under eighteen (18) years of age for whom an employee stands in loco parentis or for whom the employee is the guardian or conservator, or an adult dependent child of the employee. B. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian, conservator, or other person standing in loco parentis to a child. C. Spouse: A partner in marriage as defined in California Civil Code Section 4100. D. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom the employee is not related and with whom the employee resides and shares the common necessities of life. E. Serious Health Condition: An illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves either inpatient care in a hospital, hospice or residential health care facility or continuing treatment or continuing supervision by a health care provider (e.g. physician or surgeon) as defined by State and Federal law. F. Certification for Family Care Leave: A written communication to the employer from a health care provider of a person for whose care the leave is being taken which need not identify the serious health condition involved, but shall contain: 1. the date,-if known, on which the serious health condition commenced; 2. the probable duration of the condition; '3. an estimate of the amount of time which the employee needs to render care or supervision; 4. a statement that the serious health condition warrants the participation of a family member to provide care during period of treatment or supervision; 5. if for intermittent leave or a reduced work schedule leave, the certification should indicate that the intermittent leave or reduced,leave schedule is LOCAL NO. 1, FACS SITE SUPERVISOR -35 - 2001-2005 MOU SECTION 16 - LEAVE OF ABSENCE necessary for the care of the individual or will assist in.their recovery, and its expected duration. G. Certification for Medical Leave: A written communication from a health care provider of an employee with a serious health condition or illness to the employer,.which need not identify the serious health condition involved, but shall contain: 1. the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employee's job; 4. if for intermittent leave or.a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule and its expected duration. H. Comparable Positions: A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior,to the leave. Ordinarily,- the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co-workers, supervisor(s), or other staffing may have changed during an employee's leave. 16.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under Sectio 2.3.D - Sick Leave Utilization for Pregnancy Disability, that time will not be considered a part of the eighteen (18) week family care leave period. 16.11; Group Health Plan Coverage. Employees who.were members of one of the group health plans prior to commencement,of their leave of absence can maintain their health plan coverage with the County contribution by maintaining their employment in pay status as described in Section 16.12. During the eighteen (18) weeks of an approved medical or family care:leave under Section 16.5 above, the County will continue its contribution for such health plan coverage even if accruals are not available for use to maintain pay status as required under Section 16.12. In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain their group health plan coverage, either through payroll deduction or by paying the.County directly. 16.12 Leave Without Pay - Use of Accruals. A. All Leaves of Absence. During the first twelve (12) month period of any leave of absence without pay, an employee may elect to maintain pay status each month by using available sick leave (if so entitled under ,Section 12.3 - Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements; in other words, during the first twelve (12) months, a leave of absence without pay may be "broken" into segments and accruals used on a monthly basis at the employee's discretion. After the first twelve (12) months, the leave period may not be "broken" into segments and accruals may not be used, except when required by LTD Benefit Coordination or LOCAL NO. 1, FACS SITE SUPERVISOR -36 - 2005-2008 MOU SECTION 16 - LEAVE OF ABSENCE State Disability Insurance/Sick Leave Integration under Section 14 — State Disability Insurance (SDI) or as provided in the sections below. B. Family Care or Medical Leave. During the eighteen (18) weeks of an approved medical or family care leave, if a portion of that leave will be on a leave of absence without pay, the employee will be required to use at least 0.1 hour of sick leave (if so entitled under Section 12.3 - Policies Governing the Use of Paid Sick Leave), vacation floating holiday, or other accruals or entitlements if such are available; although use of additional accruals is permitted under subsection A. above. C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible employee who files an LTD claim and concurrently takes a leave of absence without pay will be required to use accruals as provided in Section B herein during the eighteen (18) week entitlement period of a medical leave specified above. If an eligible employee continues beyond the eighteen (18) weeks entitlement period on a concurrent leave of absence/LTD claim, the employee may choose to maintain further pay status only as allowed under subsection A. herein. D. Sick leave accruals may not be used during any leave of absence, except as allowed under Section 12.3 - Policies Governing the Use of Paid Sick Leave. 16.13 Leave of Absence Replacement and Reinstatement. Any employee that is a member of this representation unit, who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to a position in that classification and department and then only on the basis of seniority. In case of severance from service by reason of the reinstatement of an employee, the provisions of Section 9 -Workforce Reduction and Layoff, shall apply. 16.14 Reinstatement From Family Care Medical Leave. In the case of a family care or medical leave, an employee on a 5/40 schedule.shall be reinstated to the same or comparable position if the return to work is after no more than ninety (90) work days of leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a full schedule is after' no more than seven hundred twenty (720) hours, including use of -accruals, of intermittent or reduced schedule leave. At the time the original leave is approved, the appointing authority shall notify the' employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee on a schedule other than 5/40 shall have the time frame for reinstatement to the same or comparable position adjusted on a pro rata basis. 16.15 Salary Review While on .Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year, shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. 16.16 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 LOCAL NO. 1, FACS SITE SUPERVISOR -37 - 2001-2005 MOU SECTION 17 - JURY DUTY AND WITNESS DUTY authority, or at the expiration of a leave, .shall be without pay. Such, absence may also be grounds for disciplinary action. SECTION 17—JURY DUTY AND WITNESS DUTY 17.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an employee is obligated to report to the court. When.called for jury duty, County employees, like other citizens, are expected to discharge their jury duty responsibilities. Employees shall advise their department as soon as possible if scheduled-to appear for jury duty. If summoned for jury duty in a Superior, Federal Court, or a Coroners jury, employees may remain in their regular County pay status, or they may take paid ''leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses paid to them. When an employee is summoned for jury duty selection or is selected as a juror in a Superior or Federal Court, employees may remain in a regular pay status if they waive all fees (other than mileage), regardless of shift assignment and the following shall apply: a. If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where it will be retained as a department record..No "Absence/Overtime Record" is required. b. An employee who elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. No court certificate is required but an "Absence/Overtime Record" must be submitted to the department payroll clerk. Employees are not permitted to engage in any employment regardless of shift assignment or occupation before or after daily jury service that would affect their ability to properly serve as jurors. An employee on short notice standby to report to court, whose job duties make short notice response impossible or impractical, shall be given alternate workassignments for those days to enable them to respond to the court on short notice. 17.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and tum over to the County all fees and expenses paid to them, other than mileage allowance, or they may take 'vacation leave or leave without pay,and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. LOCAL NO. 1, FACS SITE SUPERVISOR -38 - 2005-2008 MOU SECTION 18 - PROBATIONARY PERIOD Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth in Section 17.1 of this MOU. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. SECTION 18 - PROBATIONARY PERIOD Appointments of employees within this representation unit, for original entrance and promotion, shall be subject to a probationary period commencing on the date of appointment. For original entrance appointments, the probationary period shall be nine (9) months in duration. For promotional appointments, the probationary period shall be six (6) months. The probationary period shall not include time served in temporary or provisional appointments or any period of continuous leave of absence without pay or period of work-connected disability exceeding fifteen (15) calendar days. When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the Director of Human Resources receives from the appointing authority a statement, in writing, that the services of the employee during the probationary period were satisfactory and that the employee is recommended for appointment. If a clerical or administrative error delays a probationary report and it is determined that it was the intent of the appointing authority to retain the probationer, the employee affected will not suffer any loss of pay or benefits. An employee rejected during the probation period from a position to which the employee had been promoted or transferred from an eligible list, shall be restored to a position in the department from which the employee was promoted or transferred. An employee who is laid off during probation, if reemployed in the same class by the department, shall be required to complete only the balance of the required probation. If reemployed in another classification, the employee shall serve a full probationary period. During the probationary period, employees are subject to termination by the appointing authority without cause and without right of appeal or compliance with Section 22 — Dismissal, Suspension, Reduction in Pay, and Demotion, or Section 23 — Grievance Procedure, of this MOU. SECTION 19 - PROMOTION 19.1 Competitive Examination. Promotion shall be by competitive examination unless otherwise provided in this MOU. 19.2 Promotion Policy. The Director of Human Resources, upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 19.3 Open Exams. If an examination for one of the classes represented by the Union is proposed to be announced on an open only basis, the Director of Human Resources shall give five (5) days prior notice of such proposed announcement and shall meet at the request of the Union to discuss the reasons for such open announcement. LOCAL NO. 1, FACS SITE SUPERVISOR -39- 2001-2005 MOU SECTION 21 - RESIGNATIONS SECTION 20—VACANCIES AND REASSIGNMENT 20.1 Reassignment of Work Location. Employees desirous of reassignment to a position in the same classification at another work location shall submit a request for reassignment in writing to the Department Head. When openings occur in various work locations, requests for reassignment will be reviewed with consideration given to various factors including but not limited to distance of employee's residence from desired work location and relative length of service, of the applicants for a particular location. The Department Head or designated representative shall make the sole determination as to assignment of personnel. This provision applies to intradepartmental reassignments only. In no event shall reassignments be utilized for disciplinary purposes. 20.2 Vacancies. The Department agrees to post all vacancies for at. least seven (7) calendar days to provide employees the opportunity to express interest in, and apply for,',said vacancies. The Department Head or designated representative shall make the sole determination as to assignment of personnel. SECTION 21 - RESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. Oral.resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the Human Resources Department and shall indicate the effective date of termination. 21.1 Resignation in Good Standing. A resignation giving the appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 21.2 Constructive.Resignation. A constructive resignation occurs and is effective when: a. An employee has been absent from duty for five (5) consecutive working days without leave; and b. Five (5) more consecutive work days have elapsed ,,without response by the employee after the receipt of a registered or certified letter citing a notice of resignation by the appointing authority to the employee at the employee's last known address, but no more, than ten (10) working days from mailing of said notice. 21.3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative on that date or another date specified. An. employee who resigns without advance notice as set forth in Section 21.1, may seek recession of the resignation and reinstatement by delivering an appeal in writing to the Human Resources Director not later than close of business on the third (3rd) calendar day after the resignation.is effective.Within five(5) work days of receipt of the appeal,.the Human Resources Director shall consider the appeal and render a final and binding decision including, if applicable, the date of reinstatement. LOCAL NO. 1, FACS SITE SUPERVISOR -40 - 200572008 MOU SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION 21.4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority. 21.5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice on the Director of Human Resources and a copy to the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, it shall be revoked and the employee returned to duty effective on the day following the appointing authority's acknowledgment without loss of seniority or pay. C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal under the grievance procedure contained in Section 23 of the MOU, beginning with Step 3. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION 22.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend, temporarily reduce the pay of, or demote any employee for cause. The reduction in pay may not exceed five percent (5%) for a three (3) month period. 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: a. Absence without leave. b. Conviction of any criminal act involving moral turpitude. C. Conduct tending to bring the County or Department into disrepute. d. Disorderly or immoral conduct. e. Incompetence or inefficiency. f. Insubordination. g. Being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises. LOCAL NO. 1, FACS SITE SUPERVISOR -41 - 2001-2005 MOU SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION h. Neglect of duty (i.e. non-performance of assigned responsibilities). i. Negligent or willful damage to public property or waste of public supplies or equipment. j. Violation ,of any lawful or reasonable regulation or order given by a supervisor or Department Head. k. Willful violation of any of the provisions of the County's ordinance or the Personnel Management.Regulations. I. Material and intentional misrepresentation or concealment of any fact in connection with obtaining employment. M. Misappropriation of County funds or property. n. Unreasonable failure or. refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this MOU. o. Dishonesty or theft. V Excessive or unexcused absenteeism and/or tardiness. q. Sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. 22.2 Notice of Proposed Action. Before taking a disciplinary action to, dismiss, sus pend. for more than five (5) work days, temporarily reduce the pay of, or demote an employee, the appointing authority shall cause to be served personally or by certified mail, on the employee, a Notice of Proposed Action, which shall contain the following: a. A statement of the action proposed to be taken. b. A copy of the charges; including the acts or omissions and grounds upon which the action is based. C. If it is claimed that the employee has violated a rule or regulation of the County, department or district, a copy of said rule shall be included with the notice. d. A statement that the employee may review and request copies of materials upon which the proposed action is based. e. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. LOCAL NO. 1, FACS SITE SUPERVISOR -42- 2005-2008 MOU SECTION 23 - GRIEVANCE PROCEDURE 22.3 Employee Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or during an extension, the right to respond is lost. 22.4 Leave Pending Employee Response. Pending response to a Notice of Proposed Action within the first seven (7) days orextension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 22.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30) calendar days unless ordered by an arbitrator or an adjustment board. 22.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or Demotion. A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay of, or demote an employee after having complied with the requirements of Section 22.2 where applicable, the appointing authority shall make an order in writing stating specifically the causes for the action. B. Service of Order. Said order of dismissal, suspension, temporary reduction in pay, or demotion shall be filed with the Director of Human Resources, showing by whom and the date a copy was served upon the employee.to be dismissed, suspended, temporarily reduced in pay, or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon personal service or deposit in the U.S. Postal Service. C. Employee Appeals from Order. The employee may appeal an order of dismissal, suspension, temporary reduction in pay, or demotion through the procedures of Section 23 - Grievance Procedure of this MOU provided that such appeal is filed in writing with the Director of Human Resources within ten (10) calendar days after service of said order. 22.7 Employee Representation Rights. The County recognizes an employee's right to representation during an investigatory interview or meeting that may result in discipline. The County shall not interfere with the representative's right to assist an employee to clarify the facts during the interview. If the employee requests a union representative, the investigatory interview shall be temporarily recessed for a reasonable period of time until a union representative can be present. For those interviews, which by nature of the incident must take place immediately, the union will take reasonable steps to make a union representative immediately available. The employer shall inform the employee of the general nature of the investigation at the time the employer directs the employee to be interviewed. SECTION 23 - GRIEVANCE PROCEDURE 23.1 . Definition and Procedural Steps. A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions LOCAL NO. 1, FACS SITE SUPERVISOR -43 - 2001-2005 MOU SECTION 23 - GRIEVANCE PROCEDURE of this MOU which specifically provide that the. decision of any County official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. The Union may represent the grievant at any stage of the process. Grievances must be filed within thirty .(30) days of the incident or occurrence about.which the grievant claims to have a grievance,.and-shall be processed in the following manner: Step 1. Any employee or group of employees who believes that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discuss.the complaint with the grievant's immediate supervisor, who shall meet with the grievant within five (5) days of receipt of a written request to hold such meeting. Grievances challenging .suspensions, reductions in pay, demotions and terminations may be filed at Step 2:within the time frame set forth above. Step 2. If a grievance is not satisfactorily resolved in Step 1,„above, the grievant may submit the grievance in writing within ten (10) work days to such management official as the Department Head may designate. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied, how misapplication or misinterpretation has affected the grievant to the grievant's detriment, and.the redress the grievant seeks. A copy of each written communication on a grievance shall be filed with the Director of Human Resources. The.Department Head or his or her designee shall have ten (10) work'days in which to respond to the grievance in writing. If either the Union or the Grievant request a meeting with the Department Head or his/her designee at this step, such a meeting will be held. Step 3. If a grievance is not satisfactorily resolved'in Step 2 above, the grievant may appeal .in writing within ten (10) work days to the Human Resources Director. The Human Resources Director or designee shall have twenty (20) work days in which to investigate the merit of the,complaint and to meet with the,Department Head and the grievant and attempt to settle the grievance and respond in writing. Step 4. No grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 3 above and filed within ten (10) work days of the written response of the Human Resources Director or designee. If,the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, such grievance shall be submitted in writing to an Adjustment Board comprised of three (3) Union representatives, no more than two (2) of whom shall be either an employee of the County or an elected or appointedofficial of the Union presenting this grievance, and three (3) representatives of the County, no more than two (2) of whom shall be either an employee of the County or a, member of the staff of an organization employed to represent the County in the meeting and conferring process. Where the parties agree, the Adjustment Board may be comprised of two (2) Union representatives and'two (2) County representatives. The Adjustment Board shall meet within twenty (20).work days of receipt of the written request and render a decision. If the County fails to meet the time limits specified in Step 4 and the grievant demands in writing that an Adjustment Board be convened, the County will convene an Adjustment Board within ten (.10) work days or the 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 a majority decision, either the grievant or the County may require that the grievance be referred to an impartial arbitrator who LOCAL NO. 1, FACS SITE SUPERVISOR -44- 2005-2008 MOU SECTION 23 - GRIEVANCE PROCEDURE shall be designated by*mutual agreement between the grievant and the Human Resources Director. Such request shall be submitted within twenty (20) work days of the rendering of the Adjustment Board decision. Within twenty (20) work days of the request for arbitration the parties shall mutually select an arbitrator who shall render a decision within thirty (30) work days from the date of final submission of the grievance including receipt of the court reporter's transcript and post-hearing briefs, if any. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the grievant and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any. 23.2 Expedited Board of Adjustment. If the parties are unable to reach a mutually satisfactory accord on any grievance of discipline involving suspensions, demotions, reduction in pay which arises and is presented during the term of this MOU, such grievance shall be submitted to the Expedited Board of Adjustment (EBA) in writing in accordance with procedures below. No grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 3 of the Grievance Procedure and filed within ten (10) work days of the written response of the Director of Human Resources or his/her designee. By agreement of the Union and the Director of Human Resources, grievances concerning contract interpretation may also be presented to the EBA. All grievances submitted to the EBA shall be resolved in accordance with the following procedures: Expedited Board of Adjustment (EBA) a. The EBA shall be composed of two (2) members named by the Union and two (2) members named by the County. The Union and the County shall each appoint two (2) alternates who shall serve as a voting member of the Board if a member is not available. A Union Alternate shall serve as a voting member when the appointed Union Board .member is from the same Bargaining Unit or Department as the grievant and County Alternate shall serve as a voting member when a County Board member is from the same Department as the grievant. Each Board member shall serve for a twelve (12) month term except that one member and one alternate initially appointed by each side shall serve a six (6) month term so that Board member terms are staggered. b. The EBA shall establish a regular meeting date once a month, adopt rules of procedures governing its proceedings and adopt necessary forms to administer the procedures prescribed in this section. c. The parties shall choose an impartial arbitrator to serve as a tie-breaker when the EBA is deadlocked. If the parties are unable to agree on an arbitrator, they shall request a list of five (5) arbitrators from the State Mediation and Conciliation Service. The parties shall choose an arbitrator by each striking two (2) names from the list. The arbitrator shall serve a one year term; . however, the Arbitrator may be replaced at any time by agreement between the Union and the County. The arbitrator shall render an immediate decision if the Board is deadlocked. d. Decisions of the EBA or of the impartial arbitrator shall be within the scope of and shall not vary from the express written terms of the Agreement pursuant to Section 25.3 Scope of Adjustment Board and Arbitration Decision. LOCAL NO. 1, FACS SITE SUPERVISOR -45 - 2001-2005 MOU SECTION 23 - GRIEVANCE PROCEDURE e. The Union and the County shall each pay one-half(1/2) the arbitrator's fees and costs. If,a majority of the EBA approves the services of a court reporter and/or other special services, the Union and County shall each pay one-half (1/2) of such expenses. Procedures a. The EBA shall convene on the fourth (4t') Wednesday of each month unless otherwise scheduled. b. Unless the EBA agrees by majority action, it shall remain in session until all grievances on the agenda have been heard. c. All grievances properly filed which are postmarked; faxed, .e-mailed or hand delivered no later,.than ten (10) working days prior to the next scheduled session shall be placed on the agenda for the next regular meeting. By majority vote, the EBA may..upon request of the Union or.the County waive, this provision. d. The EBA may,'upon the request of the Union, or the County, continue a grievance until the next session. e. Attorneys shall not participate as Board members, advocates, or advisors in Board hearings. f. The Board at each regular session shall approve the minutes of the previous Board prior to considering the pending agenda. g. The location of meetings shall be a central location agreed to'by the Union and the County. The Expedited Adjustment Board is a trial program. The parties will continually assess the effectiveness of the program during the term of this MOU. If either the Union or the County concludes that the program is not effective or efficient, the Expedited Adjustment Board Program will be suspended upon written notification to the other party, and will be reviewed again during the next negotiation process of a successor MOU. The party suspending the program shall give the other party thirty (30) days written notice. The Board shall hear and rule on all grievances scheduled for a Board hearing within the thirty (30) day notice period. The party suspending the program shall pay any cancellation fee charged by the arbitrator. If either party suspends the program, all grievances covered by this section shall be processed in accordance with pre-existing grievance procedures. 23.3 Scope of Adjustment Board and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. B. No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union which has been certified as the recognized LOCAL NO. 1, FACS SITE SUPERVISOR -46 - 2005-2008 MOU SECTION 23 - GRIEVANCE PROCEDURE employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in Subsection 23.1 above. C. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. If the Human Resources Director in pursuance of the procedures outlined in Step 3 above, or the Adjustment Board in pursuance of the provisions of Step 4 above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time. E. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Union. 23.4 Time Limits.. The time limits specified above may be waived by mutual agreement of the parties to the grievance. If the County fails to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If a grievant fails to meet the time limits specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and withdrawn. 23.5 Union Notification. An official, with whom a formal grievance is filed by a grievant who is included in a unit represented by the Union, but is not represented by the Union in the grievance, shall give the Union a copy of the formal presentation. 23.6 Compensation Complaints. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Human Resources Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, if not detailed in the MOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than six (6) months from the date upon which the complaint was filed. 23.7 Strike/Work Stoppage. During the term of this MOU, the Union, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, sickout, or 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. LOCAL NO. 1, FACS SITE SUPERVISOR -47 - 2001-2005 MOU SECTION 24 - SPECIAL PROVISIONS 23.8 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this MOU. 23.9 Disqualification From Taking an Exam. If disqualified from taking an examination, an employee may. utilize the appeal process specified in the Personnel Management Regulations for employees disqualified from taking an examination. 23.10 Letters of Reprimand. Letters, of reprimand are subject to the grievance procedure but shall not be processed past Step 3, unless said letters are•used in a subsequent discharge, suspension or demotion of the employee. SECTION 24—SPECIAL PROVISIONS 24.1 Longevity Pay. Employees at ten (10) years of appointed service for the County, shall be eligible to receive a two and one-half percent (2.5%) longevity differential. 24.2 Deferred Compensation Incentive. The County shall contribute sixty dollars ($60) per month to employees who participate in the County's Deferred Compensation Plan. To be eligible for this incentive; employees must contribute to the deferred compensation plan as indicated below. Monthly Contribution Employees with Required to Maintain Current Qualifying Base Incentive Program Monthly Salary of: Contribution Amount: Eligibility $2,500 and below $250 $50 2,501 , -3,334 500 50 3,335 -4-1167 750 50 4,168 - 5,000 1,000 50 5,001 . - 5,834 1,500 . 100 5,835 - 6,667 2,000 100 6,668 & above 2,500 100 Employees who discontinue contributions or who contribute less than the required amount per month for a period of one (1)*month or more will no longer be eligible for the sixty dollar ($60) County supplement. To reestablish eligibility, employees must again make a Base Contribution Amount as set forth above based on current monthly salary. Employees with a break in deferred compensation contributions either because of an approved medical leave or an approved financial hardship withdrawal shall not be required to reestablish eligibility. Further, employees who lose eligibility due to displacement bylayoff, but maintain contributions at the required level and are later employed in an eligible position, shall not be required to reestablish eligibility. 24.3 . Training. Full-time employees shall be eligible for career development training reimbursement not to exceed $650 per fiscal year. Effective July 1, 2006 the reimbursement LOCAL NO. 1, FACS SITE SUPERVISOR .48 - 2005-2008 MOU SECTION 25 - BILINGUAL PAY DIFFERENTIAL amount shall be increased to $750 per fiscal year. The reimbursement of training expenses shall be governed by any Administrative Bulletins on Travel and/or Training and consistent with County and Department policies on Travel and/or Training. 24.4 Professional Development Reimbursement. Employees shall be eligible for reimbursement of up to $525 for a two (2) year period beginning January 1, 2001 for memberships in professional organizations, subscriptions to professional publications, attendance fees at job-related professional development activities and purchase of computer hardware and software. Authorization for individual professional development reimbursement requests shall be made by the Department Head. Reimbursement will occur through the regular demand process with demands being accompanied by proof of payment. 24.5 Management Life Insurance. Employees shall be covered at County expense by term life insurance in the amount of forty-seven thousand dollars ($47,000) in addition to the insurance provided under Section 26— Health, Life and Dental Care. 24.6 Safety Committee. Departments without a Safety Committee shall establish a committee within ninety (90) days of the effective date of this agreement. The Union shall appoint all labor representatives to the Committee. All Safety Committees shall schedule their meetings. SECTION 25— BILINGUAL PAY DIFFERENTIAL A monthly salary differential shall be paid to incumbents of positions requiring bilingual proficiency as designated by the Department Head and the Human Resources Director. The differential shall be prorated for employees working less than full time and/or on an unpaid leave of absence during any given month. The differential shall be eighty dollars ($80) per month. Effective January 1, 2007 the differential shall be increased to one hundred dollars ($100) per month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County and such designations may be amended or deleted at any time. SECTION 26— HEALTH. LIFE AND DENTAL CARE 26.1 County Programs. The County will offer Group Benefit Programs for medical, dental and life insurance coverage to all eligible employees who are members of this representation unit and regularly scheduled to work twenty (20) hours or more per week as described in Attachment A. 26.2 Rate Information. The County Benefits Division will make health and dental plan rate information available upon request to 'employees and departments. In addition, the County Benefits Division will publish and distribute to employees and departments.information about rate changes as they occur during the year. 26.3 Medicare Rates. Corresponding Medicare rates for employees covered under this MOU shall be as follows: for Employee Only on Medicare by taking the Employee Only rate for the LOCAL NO. 1, FACS SITE SUPERVISOR -49 - 2001-2005 MOU SECTION 26 - HEALTH, LIFE AND DENTAL CARE option selected and subtracting the monthly Part B Medicare premium withheld from _Social Security payments for one (1) enrollee; for Employee and Dependent(s) with one (1) member on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one (1) enrollee; for Employee and Dependent(s) with two (2) members on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for two (2) enrollees. 26.4 Partial Month. The County's contribution to the Health Plan premium is payable for'any month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller. The responsibility for this payment rests with the employee. If payment is .not made, the employee shall be dropped from the health plan. An employee is thus covered by the health plan for the month in which compensation is paid. 26.5 Coverage During Absences. An employee on approved leave shall be allowed to continue his/her health plan coverage at the County group rate for twelve (12) months provided that the employee shall pay the entire premium for the Health Plan during said leave. An employee.on leave in excess of twelve (12) months may continue health plan coverage by converting to an individual health plan option (if available) .or continuing group coverage subject to the provisions of the Consolidated Omnibus Budget Reduction Act (COBRA) provided the employee pays the entire cost of coverage, plus any administrative fees, for the option selected. The entire cost of coverage shall be paid at a time and place specified by the County. Late payment shall result in cancellation of Health Plan coverage with no reinstatement allowed. An employee who terminates County employment may convert to individual health plan coverage, if available, or may continue County 'group health plan coverage to the extent provided under COBRA by making premium payments to the County at a time and place specified by the County. 26.6 Retirement Coverage. Upon retirement, employees may remain in the same County group medical plan if immediately before their retirement they are either active subscribers to one of the County Health Plans or if on authorized leave of absence without pay they have retained their membership by either continuing to pay their monthly premium to the County by the deadlines established by the County or converting to individual conversion membership from the County plan through the medical plan carrier, if available. All employees hired on or after the date this provision is adopted and implemented by the Board of Supervisors, will be eligible for Retiree Health Coverage pursuant to the terms outlined above, upon completion of fifteen (15) years of service with Contra Costa County. For purposes of retiree health eligibility, a year of service shall be defined as one thousand (1,000) hours worked within an anniversary year. The existing method of crediting service while an employee is on an approved leave of absence will continue during the term of this agreement. 26.7 Dual Coverage. If a husband and wife both work for the County and one of them is laid off, the remaining eligible shall be allowed to enroll or transfer into the health coverage combination of his/her choice. An eligible employee who is no longer covered for medical or dental coverage through a spouse's coverage shall be allowed to enroll or transfer into the health coverage combination of LOCAL NO. 1, FACS SITE SUPERVISOR _50- 2005-2008 MOU SECTION 26 - HEALTH, LIFE AND DENTAL CARE his/her choice within thirty (30) days of the'date coverage is no longer afforded under the spouse's plan. 26.8 Health Care Spending Account. The County will offer regular full-time and part-time (20/40 or greater) County employees the option to participate in a Health Care Spending Account (HCSA) Program designed to qualify for tax saving under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre-determined amount of money from their paycheck, not to exceed $3000 per year, for health care expenses not reimbursed by any other health benefits plan before tax dollars. Effective January 1, 2007, this amount shall be increased from to $4500 per year. Effective January 1, 2008, this amount shall be increased to $5000 per year. HCSA dollars can be expended on any HCSA dollars can be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance can not be recovered by the employee. 26.9 PERS Long Term Care. The County will deduct and remit monthly premium and eligible lists to the PERS Long Term Care Administrator, at no County administrative cost, for County employees who are eligible and voluntarily elect to purchase long term care through the PERS Long Term Care Program. The County further agrees that County employees interested in purchasing PERS Long Term Care may participate in meetings scheduled by PERS Long Term Care on County facilities during non-work hours. (i.e: coffee breaks, lunch hour). 26.10 Deferred Retirement Employees who resign and file for a deferred retirement may continue in their County group health and dental plan; the following conditions and limitations apply: a. Life insurance coverage is not included. b. To be eligible to continue health and dental coverage, the employee must: 1. be qualified for a deferred retirement under the 1937 Retirement Act provisions. 2. be an active member of a County group health and/or dental plan at the time of filing their deferred retirement application and elect to continue health benefits. 3. be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty four (24) months of their application for deferred retirement. 4. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty (30) days before their separation from county service. C. Deferred retirees who elect continued health benefits hereunder may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement at their full personal expense, by paying the full premium for their health and dental coverage on or before the 11th of each month to the Auditor-Controller. When they begin to receive retirement benefits, LOCAL NO. 1, FACS SITE SUPERVISOR -51 - 2001-2005 MOU i SECTION 27 - MILEAGE they will qualify for the same health and/or dental plan coverage and county subvention to which retirees who did not defer retirement are entitled. d. Deferred retirees who elect continued health benefits hereunder may elect not to maintain participation in their county health and/or 'dental ' plan during their deferred, retirement period; and may instead qualify for the same coverage and county subvention in any County health and/or dental'plan when they begin to receive retirement benefits as retirees who did not defer retirement are entitled; provided reinstatement to a County group health and/or dental plan with county subvention occurs no sooner than the first of the month following a full three (3) calendar month waiting period after the commencement of their monthly allowance. e. Eligibility for County subvention will not exist hereunder unless and until the member draws a monthly retirement allowance within not more than twenty-four (24) months,after separation from County service. f. Deferred retirees are required to meet the same eligibility provisions for health/dental plans as active/retired employees. 26.11 Confidentiality of Information and Records. Any use of employee medical records will be governed by the Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26). 26.12 Child Care. The County will continue to support the concept of non-profit child care facilities similar to the "Kid's at Work" program established in the Public Works Department. SECTION 27 - MILEAGE The mileage allowance for use of personal vehicles on approved County business shall be paid according to the rates allowed by the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the Internal Revenue Service, whichever is later. SECTION 28— RETIREMENT CONTRIBUTION Pursuant to Government Code Section 31581.1, the County will continue to pay fifty (50) percent of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOU, and shall terminate thereafter. Employees shall be responsible for payment of the employees' contribution for the retirement cost of living program as determined by the Board of Retirement of the Contra Costa County Employees' Retirement Association without the County paying any part of the employees share. The County will pay the remaining one-half (1/2) of the retirement cost-of-living program contribution. Effective October 1, 2002, Tier 2 of the retirement plan shall be eliminated and all employees in Tier 2 of the retirement plan shall be placed in Tier 3. The County agrees to permit employees in the Hazardous Materials Specialists and the Airport Operations Specialists classifications to participate in the Tier II Buy-Back Program for a six (6) month period from the date the MOU is adopted by the Board of Supervisors. LOCAL NO. 1, FACS SITE SUPERVISOR -52 - 2005-2008 MOU SECTION 29 - PERSONNEL FILES Employees in the above classifications with ten (10) or more years of County/District service may replace Tier II benefits with Tier III benefits as follows: 1. Employee buys back two (2) years, County will buy back one (1) year for a total of three (3) years of buyback. 2. Employee buys back four (4) years, County will buy back two (2) years for a total of six (6) years of buyback. 3. Employee buys back six (6) years, County will buy back three (3) years for a total of nine (9) years of buyback. SECTION 29— PERSONNEL FILES Employees shall have the right to inspect and review any official record(s) relating to his or her performance as an employee or to a grievance concerning the employee which is kept or maintained by the County in the employee's personnel file in the Human Resources Department. The employee's union representative, with written authorization by the employee, shall also have the right to inspect and review any official record(s) described above. The contents of such records shall be made available to the employee and/or the employee's union representative for inspection and review at reasonable intervals during the regular business hours of the County. Employees shall be permitted to review their personnel files at the Personnel office during their work hours. For those employees whose work hours do not coincide with the County's business hours, management shall provide a copy of the employee's personnel file for the employee's review. The custodian of records will certify that the copy is a true and correct copy of the original file. Copies of written reprimands or memoranda pertaining to an employee's unsatisfactory performance which are to be placed in the employee's personnel file shall be given to the employee who shall have the right to respond in writing to said documents. The County shall provide an opportunity for the employee to respond in writing to any information that is in the employee's personnel file about which he or she disagrees. Such response shall become a permanent part of the employee's personnel record. The employee shall be responsible for providing the written responses to be included as part of the employee's permanent personnel record. This section does not apply to the records of an employee relating to the investigation of a possible criminal offense, medical records and information or letters of reference. Employees have the right to review their official personnel files that are maintained in the Human Resources Department or by their department. In a case involving a grievance or disciplinary.action, the employee's designated representative may also review his/her personnel file with specific written authorization from the employee. SECTION 30 — SERVICE AWARDS The County shall continue its present policy with respect to service awards including time off; provided, however, that the type of award given shall be at the sole discretion of the County. LOCAL NO. 1, FACS SITE SUPERVISOR -53 - 2001-2005 MOU SECTION 31 - UNFAIR LABOR PRACTICE SECTION 31 - UNFAIR LABOR PRACTICE Either the Department/County or the Union may file an Unfair Labor Practice, as defined in Chapter 34-22 of Resolution 81/1165, against the other. Allegations of an unfair labor practice, if not resolved in discussions'between the parties, may be heard by a mutually agreed upon, impartial third-party.. SECTION 32—ADOPTION The provisions of this Memorandum of Understanding shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to, implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall. become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. SECTION 33 -SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS 33.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this MOU demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. 33.2 Separability of Provisions. Should any section, clause or provision of this MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain"in full force and effect for the duration of this MOU. The Union understands and agrees that the County is not obligated to meet and confer regarding wages, hours or conditions of employment during the term of this extended agreement, except as otherwise required by law. 33.3 Personnel Management Regulations. Where a specific provision contained in a section of this MOU conflicts with a specific provision contained in a section of the Personnel Management Regulations, the provision 'of this MOU shall prevail.. Those provisions of the Personnel Management Regulations within the scope of representation which are not in conflict with the provisions of this-MOU and those provisions of the Personnel!'Management Regulations which are not within the scope of representation shall be considered in full force and effect. 33.4 Duration of Agreement. This Agreement shall continue in full force and effect from October 1, 2005 to and including September 30, 2008. Said Agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other prior to sixty (60) days from the aforesaid termination date of its intention to amend, modify or terminate the Agreement. LOCAL NO. 1, FACS SITE SUPERVISOR -54- 2005-2008 MOU SECTION 33 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS Execution Date: CONTRA COSTA LOCAL N0. 1 COUNTY FACS SITE SUPERVISOR LOCAL NO. 1, FACS SITE SUPERVISOR - 65 - 2001-2005 MOU ATTACHMENTS A - SEPTEMBER 30, 2005 Medical/Dental/Life Insurance Adjustments Coalition Settlement Agreement B - INCORPORATE DEEP CLASS & FLEXIBLY STAFFED RESOLUTIONS C - MANAGEMENT/LABOR COMMITTEE (Re: Temporary Employees) ATTACHMENT A FACS SUPV, LOCAL ONE LABOR COALITION—2005 NEGOTIATIONS Local#1 MOU Local #1 FACS Unit MOU AFSCME Local 512 MOU AFSCME Local 2700 MOU SEW Local 535 RANK& FILE MOU SEW Local 535 SUPERVISORY MOU WCE MOU PDOCC MOU MEDICAL/DENTAL/LIFE INSURANCE ADJUSTMENTS Coverages Offered The County offers the following plans: Contra Costa Health Plans (CCHP)A& B, Kaiser, HealthNet HMO, HealthNet PPO, Delta and PMI Delta Care Dental. Co-Pays Effective January 1, 2007 the co-pays will increase as follows: CCHP A: No change CCHP B: No change KAISER: $10 Office Visit $10 Generic RX $20 Brand RX $10 Emergency Room HEALTHNET HMO & PPO: $10 Office Visit $10 Generic RX $20 Formulary RX $35 Non-Formulary RX $25 Emergency Room Delta Dental Plan Enhancements Effective January 1, 2007 dental sealants will be provided to eligible dependent children in accordance with the provisions under the Delta Dental Plan. Life Insurance Effective January 1, 2007 increase coverage from $7500 to $10,000 for employees enrolled in either a health and/or dental plan. The County shall provide the health and dental plans subventions as follows: HEALTH PLAN SUBVENTION: CCHP A: 98% CCHP B: 90% KAISER: 80% ATTACHMENT A FACS SUPV, LOCAL ONE HEALTHNET HMO: 80% HEALTHNET PPO: 2006 60.82%-The County and Coalition will equally share (50/50)the amount of any premium increases 2007 59.39% -The County and Coalition will equally share(50/50)the amount of any premium increases DENTAL PLAN SUBVENTION: Delta Dental/CCHP A/B 98% PMI Dental Care/CCHP A/B 98% Delta Dental 78% PMI Delta Dental 78%at 3 year rate guarantee Dental Only County pays all but$.01 ATTACHMENT B Tentative Agreement LABOR PROPOSAL NO. 21 2005 COALITION NEGOTIATIONS Presented: August 3, 2006 LOCAL #1 MOU LOCAL #1 FACS UNIT MOU AFSCME LOCAL 512 MOU AFSCME LOCAL 2700 MOU WCE MOU PDOCC MOU Incorporate Deep Class and Flexibly Staffed Resolutions For all affected labor organizations, the County shall identify in the MOUs which classes are subject to a Deep Class or Flexibly Staffed Resolution and identify the resolution by number. Date: 3 ID FOR THE COUNTY: FOR THE COALITION: / 1 Z-rb �` { Page 1 of 1 ATTACHMENT C SIDE LETTER 2005-2006 COALITION NEGOTIATIONS Presented Jually-31, 2896 LOCAL#1 MOU LOCAL#1 FACS UNIT MOU- AFSCME LOCAL 512 MOU AFSCME LOCAL 2700 MOU SEW LOCAL 535 RANK & FILE MOU SEW LOCAL 535 SUPERVISORY MOU COALITION SIDE LETTER Section A. MANAGEMENT/LABOR COMMITTEE Local 1, SEIU 535, AFSCME 2700, AFSCME 512, and County agree to establish a Management/Labor Committee, hereinafter referred to as "Committee`, to meet on issues pertaining to temporary and contract employees, student intemstworkers, and agency temporary employees ("temporary employees"). The Committee's duties and structure shall be as follows: 1) Committee membership shall consist of four(4) County Managers, and four(4) Union Representatives/Business Agents. Such managers shall be at the level of Department Head or designee; any designee shall be at the Assistant Director or Deputy Director level. 2) The Committee shall agree on rules and policies that will govern the committee's work and procedures. 3) Committee meetings will begin September 1, 2006(or*"Fae FAGAths afteupon ratification of MOU whichever occurs#int later), and continue until March 31, 2008. 4) The Committee shall review the current use of temporary employees including department practices, County policies and applicable Memoranda of Understanding in an effort to develop recommendations to the Board of Supervisors on the future use of temporary employees, including converting such employees to permanent. positions, establishing or ending funding for such positions within recommended timelines. 5) In the event the Committee determines that it is necessary to meet and confer to make changes to current memoranda of understanding, County polices, or department practices, Section B below shall apply. 6) As a good faith effort on the part of the County, the Board of Supervisors agree to direct the County Administrative Officer(CAO) to review employees in a.temporary status taking into account budget considerations, length of service, program needs and other relevant factors, and make recommendations to the Board for the conversion ofthe equivalent of ten (10) FTE temporary employees to the equivalent of ten (10)full time permanent positions effective no later than December 31, 2005. The CAO shall submit the equivalent of additional ten (10) FTE temporary employees to the Board for conversion to the equivalent of ten (10) full time permanent positions effective no later than July 1, 2007. Page 1 of 2 SIDE LETTER 2005-2006 COALITION NEGOTIATIONS Presented July 31, 2006 f 7) The Committee shall produce a report on their findings and agreed upon recommendations along with time frames for implementation of any changes upon conclusion of their work, and submit such report to the Board of Supervisors for approval, no later than the expiration date of the MOU. Section B. MEET AND CONFER OBLIGATIONS 1. In the event the Committee needs to change or modify Memoranda of Understanding, County policies subject to meet and confer requirements, or established past practices, the County and participating unions shall meet and confer regarding the changes. 2. Any modification to the existing MOU must be agreed to by the parties and subject to each union's ratification process.and must be approved by the Board of Supervisors. 3. If agreement cannot be reached, a mediator may be used in an attempt to reach agreement. Section C. LOCAL 1 MEET AND CONFER OBLIGATIONS 1. The county and Local 1 agree to meet and confer regarding Section 53, Subsection A Temporary Employees_ Such meetings shall begin October 1, 2006. Section D. LOCAL#1 WITHDRAWAL of GRIEVANCES AND RELATED ACTIONS Local #1 agrees to withdraw without prejudice all pending grievances and any other related actions that involve the County's use of temporary employee upon adoption of this agreement by the Board of Supervisors. This letter of agreement shall terminate automatically ono (expiration of the MOU) unless specifically renewed in a new successor MOU between th�ty and Union. Date: Yos /oG. —T FOR THE COUNTY: FOR THFA COALI N: i 4 A , Page 2of2 LOCAL ONE FACS SITE SUPERVISORS SUBJECT INDEX Adoption............................................................................................................................. Adjustment Board-Scope of.............................................................................................. AgencyShop ................................................................................................................... Aggregate Use for Spouses- Family Care/Medical Leave................................................. AnniversaryDates.............................................................................................................. Annual Administrative Leave............................................................................................. Application of Holiday Credits............................................................................................ Arbitration-Scope of.......................................................................................................... Assignmentof Classes ..................................................................................................... Attendanceat Meetings..................................................................................................... BilingualPay...................................................................................................................... Catastrophic Leave Bank................................................................................................... Certification Requirements for Family Care/Medical Leave .............................................. ChildCare.......................................................................................................................... Coerced Resignations........................................................................................................ Communicating with Employees........................................................................................ Compensation Complaints................................................................................................. Compensation for Portion of Month................................................................................... CompetitiveExam.............................................................................................................. Constructive Resignation................................................................................................... Continuing Pay-Workers' Compensation.......................................................................... CountyBuildings................................................................................................................ Credits To and Charges Against Sick Leave..................................................................... Days & Hours of Work....................................................................................................... Deferred Compensation Incentive..................................................................................... DeferredRetirement.......................................................................................................... Demotion............................................................................................................................ DisciplinaryActions............................................................................................................ Dismissal............................................................................................................................ DualCoverage................................................................................................................... DuesDeduction ................................................................................................................. Duration of Agreement....................................................................................................... Employee Representation Rights...................................................................................... EntranceSalary ................................................................................................................. FamilyCare Leave............................................................................................................. Filing by Union-Grievance................................................................................................. Floating Holidays FurloughDays Without Pay............................................................................................... General Wage Increases................................................................................................... GrievanceProcedure......................................................................................................... Group Health Plan Coverage- Leave of Absence.............................................................. HealthCare Spending Account.......................................................................................... Health, Life & Dental Care..........:...................................................................................... HolidaySchedule Re-Opener............................................................................................ HolidaysObserved............................................................................................................. IntermittentUse of Leave................................................................................................... JuryDuty............................................................................................................................ Layoff................................................................................................................................. Leaveof Absence.............................................................................................................. Leave of Absence Replacement and Reinstatement........................................................ LeaveWithout Pay............................................................................................................. Lettersof Reprimand ......................................................................................................... LongevityPay .................................................................................................................... Maintenance of Membership.............................................................................................. Management Life Insurance.............................................................................................. MedicalLeave.................................................................................................................... MedicareRates.................................................................................................................. Mileage............................................................................................................................... MilitaryLeave..................................................................................................................... NoDiscrimination............................................................................................................... Notice of Proposed Action OpenExams...................................................................................................................... Pay for Work in Higher Classification ................................................................................ Payment............................................................................................................................. PayWarrant Errors............................................................................................................ PERSLong Term Care...................................................................................................... Personal Property Reimbursement.................................................................................... PersonnelFiles.................................................................................................................. Personnel Management Regulations................................................................................. Physicians Visits-Workers' Compensation ....................................................................... PositionReclassification.................................................................................................... Pregnancy Disability Leave................................................................................................ ProbationaryPeriod ........................................................................................................... PregnancyDisability Leave................................................................................................ ProbationaryPeriod ........................................................................................................... Procedure on Disciplinary Actions..................................................................................... Professional Development................................................................................................. PromotionPolicy................................................................................................................ Rate Information- Health Plans.......................................................................................... Reassignment of Laid Off Employees ............................................................................... Recognition........................................................................................................................ Reinstatement From Family Care/Medical Leave.............................................................. ReleaseTime for Training.................................................................................................. Resignations...................................................................................................................... RetirementContribution..................................................................................................... Retirement Coverage- Medical Plan.................................................................................. SafetyCommittee .............................................................................................................. Salaries.............................................................................................................................. Salary on Involuntary Demotion......................................................................................... Salaryon Promotion .......................................................................................................... Salary on Voluntary Demotion........................................................................................... Salary Reallocation/Salary on Reallocation....................................................................... Salary Review While on Leave of Absence....................................................................... Scopeof Agreement.......................................................................................................... Separation Through Layoff................................................................................................ ServiceAwards.................................................................................................................. Serviceof Order................................................................................................................. SickLeave.......................................................................................................................... Sick Leave-Administration ................................................................................................ SickLeave- Policies of Use............................................................................................... SpecialProvisions.............................................................................................................. SpecialEmployment Lists.................................................................................................. State Disability Insurance.................................................................................................. Suspension- Length........................................................................................................... TimeLimits................................:........................................................................................ Training.............................................................................................................................. Transfer.............................................................................................................................. Unauthorized Absence....................................................................................................... UnfairLabor Practice......................................................................................................... UnionDues Form............................................................................................................... UnionRepresentatives....................................................................................................... UnionSecurity.................................................................................................................... Vacancies........................................................................................................................... Vacation Accrual Rates...................................................................................................... Vacation Allowance for Separated Employees.................................................................. VacationBuyback.............................................................................................................. Withdrawalof Membership ................................................................................................ WitnessDuty...................................................................................................................... WorkLeave........................................................................................................................ Workers' Compensation..................................................................................................... WorkforceReduction ......................................................................................................... i MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND UNITED CLERICAL, TECHNICAL & SPECIALIZED EMPLOYEES AFSCME LOCAL 2700 OCTOBER 1 , 2005 - SEPTEMBER 30, 2008 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND UNITED CLERICAL, TECHNICAL &SPECIALIZED EMPLOYEES AFSCME, LOCAL 2700 This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of Board of Supervisors' Resolution 81/1165 and has been jointly prepared by the parties. The Employee Relations Officer (County Administrator) is the representative of Contra Costa County in employer-employee relations matters as provided in Board of Supervisors' Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Union is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. .This MOU shall be presented to the Contra Costa County Board of Supervisors, as the governing board of the County and appropriate fire districts, as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1, 2005 and ending September 30, 2008. Special provisions.and restrictions pertaining to Project employees covered by this MOU are contained in Attachment A which is attached hereto and made a part hereof. DEFINITIONS DEFINITIONS Alternative Work Schedules means one or more of the following: 9/80: Eight (8) nine (9) hour work days plus an eight (8) hour work day with one (1) day off within a two.(2) week work period. 4/10: Four (4) ten (10) hour work days within the work week. 5/8: Five (5) eight (8) hour work days within a work week where the work hours are other than the standard 8:00 a.m. to 5:00 p.m. (also known as "flex time"). Meal breaks for any of the above schedules may be either one-half(1/2) hour or one (1) hour. Appointing Authority: Department Head unless otherwise provided by statute or ordinance. Class: A group of positions sufficiently similar with respect totheduties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group: Class Title: The designation given to a class; to each position allocated to the class, and to the employees allocated to the class. Coun :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-Human Resources Director. Eligible: Any person whose name is on an employment or reemployment or layoff list for a given class. Employee: A person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this MOU and whose position is held pending his/her return. Employment List: A list of persons who have been found qualified for employment in a specific class. Layoff List: A list of persons who have occupied positions allocated to a .class in the Merit System and who have been involuntarily separated by layoff or displacement, or demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement, or have transferred in lieu of layoff or displacement. Permanent-Intermittent Position:Any position which requires the services of an incumbent for an indefinite period but on an intermittent basis, as needed, paid on an hourly basis. Permanent Part-Time Position: Any position which will require the services of an incumbent for an indefinite period but on a regularly scheduled less than full time basis. AFSCME Local 2700 -2- 2005-2008 MOU SECTION 1 - UNION RECOGNITION Permanent Position: Any position which has required, or which will require, the services of an incumbent without interruption, for an indefinite period. Project Employee: An employee who is engaged in a time limited program or service, by reason of limited, or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenues. Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under "Transfer" or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classes. Position: The assigned duties and responsibilities calling for the regular full time, part-time or intermittent employment of a person. Reallocation: The act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five percent (5%) of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. Reclassification: The act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such position. Reemployment List: A list of persons, who have occupied positions allocated to any class in the merit system-and, who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. Resignation: The voluntary termination of permanent employment with the County. Temporary Employment: Any employment in the Merit System which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. Transfer: The change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on the salary plan that is within five percent (5%) at top step as the class previously occupied by the employee. Union: AFSCME Local 2700 SECTION 1 - UNION RECOGNITION The Union is the formally recognized employee organization for the representation units listed below, and such organization has been certified as such pursuant to Board of Supervisors' Resolution 81/1165. General Clerical Unit SECTION 2 - UNION SECURITY AFSCME Local 2700 -3- 2005-2008 MOU SECTION 2 - UNION SECURITY 2.1 Dues Deduction. Pursuant to Board of Supervisors' Resolution 81/1165, onlya majority representative may have dues deduction and as such the Union has the exclusive privilege of dues deduction or agency fee deduction for all employees in.its units. 2.2 Agency Shop. A. The Union agrees that it has a duty to provide fair and non-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 Union. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1. Become and remain a member of the Union or; 2. pay to the Union, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of the Union to determine an agency shop .fee which meets the above criteria; or 3. do both of the following: a. Execute.a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. pay a sum equal to the agency shop fee described in Section 2.2.B.2 to a non-religious, non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. C. The Union shall provide the County with a copy of the Union's Hudson Procedure for the determination and protest of its agency shop fees. The Union shall provide a copy of said Hudson Procedure to every fee payer covered by this MOU within one (1) month from the date it is approved and annually thereafter, and as .a condition to any change in the agency shop fee. Failure by an employee to invoke the Union's Hudson Procedure within one (1) month after actual notice of the 4 Hudson Procedure shall be a waiver by the employee.of their right to contest the amount of the agency shop fee. D. The provisions of Section 2.2.13.2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff, and leave of absence with a duration .of more than thirty (30) days. E. The Union shall provide the Human Resources Director with copies of a financial report patterned after Form LM-2 pursuant to the Labor Management Disclosure Act of 1959. Such report shall be available to employees in the unit. Failure to file AFSCME Local 2700 =4- 2005-2008 MOU SECTION 2 - UNION SECURITY such a report not later 'than June 1st of each calendar year shall result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed. F. Compliance. 1. An employee employed in or hired into a job class represented by the Union shall be provided with an "Employee Authorization for Payroll Deduction"form by the Human Resources Department. 2. If the.form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and the union dues, agency shop fee, initiation fee or charitable contribution required under Section 2.2.6.3 are not received, the Union may, in writing, direct that the County withhold the agency shop fee and the initiation fee from the employee's salary, in which case the employee's monthly salary shall be reduced by_ an amount equal to the agency shop fee and the County shall pay an equal amount to the Union. G. The Union shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this union security section, or action taken or not taken by the County under this Section. This includes, but is not limited to, the County's Attorneys' fees and costs. The provisions of this subsection shall not be subject to the grievance,procedure. H. The Human Resources Department shall monthly furnish a list of all new hires to the Union. I. In the event that employees in a bargaining unit represented by the Union vote to rescind Agency Shop, the provisions of Section 2.3 and 2.4 shall apply to dues- paying members of the Union. 2.3 Maintenance of Membership. All employees in units represented by the Union who are currently paying dues to the Union and all employees in such units who hereafter become members of the Union shall as a condition of continued employment pay dues to the Union for the duration of this MOU and each year thereafter so long as the Union continues to represent the position to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.5. 2.4 Union Dues Form. Employees hired into classifications represented by the Union shall, as a condition of employment, complete a Union dues authorization card provided by the Union and shall have deducted from their paychecks the membership dues of the Union. Said employees shall have thirty (30) days from the date of hire to decide if he/she does not want to become a member of the Union. Such decision not to become a member of the Union must be made in writing to the Auditor-Controller with a copy to the Labor Relations Division within said thirty (30) day period. If the employee decides not to become a member of the Union, any Union dues previously deducted from the employee's paycheck shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to the Union. If the employee does not notify the County in writing of the decision not to become a member within the thirty (30) day period, he/she shall be deemed to have voluntarily agreed to. pay the dues of the Union. AFSCME Local 2700 -5- 2005-2008 MOU SECTION 2 - UNION SECURITY Each such dues authorization form referenced above shall include a statement that the Union and the.County have entered into a MOU, .that the employee is required to authorize payroll deductions of Union dues as a condition of employment, and that such authorization may be revoked within the first thirty (30) days of employment upon proper written notice by the . employee within said thirty (30) day period as set forth above. Each such employee shall, upon completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his/her right to revoke said authorization. 2.5 Withdrawal of. Membership. By notifying the Auditor-Controller's Department in writing, between August 1, 2005 and August 31, 2005, any employee may withdraw from Union membership and discontinue paying dues as of the payroll period,_commencing September 1, 2005, discontinuance of dues payments to then be reflected in the October 10, 2005 paycheck. Immediately upon close of the above mentioned thirty (30) day period the Auditor-Controller shall submit.to the Union a list of the employees who have rescinded their authorization for dues deduction. 2.6 communicating With Employees. The Union shall be. allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of offices in which there are employees represented by the Union, provided the communications displayed have to do with matters within the scope of representation and further provided that the employee organization appropriately posts and removes the information. The Department Head reserves the right to remove objectionable materials after consultation with the Union. Representatives of the Union, not on County.time, shall.be permitted to place a supply of employee literature at specific locations in County buildings if arranged through the Department Head or designated representative; said representatives may distribute employee organization literature in work areas (except work areas not open to the public) if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on-duty employees. The Union shall be allowed access to work locations in which it represents employees for the following purposes: a: to post literature on bulletin boards; b. to arrange for use of a meeting room; C. to leave and/or distribute a supply of literature as indicated above; d. to represent an employee on a grievance, and/or to contact a union officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason .for the visit, will be made with the departmental representative in charge of the work area, and the visit will not interfere with County services. 2.7 Use of County Buildings. The Union shall be allowed the use of areas normally .used for meeting purposes for meetings of County employees during non-work hours when: a. such space-is available and its use by the Union is scheduled_twenty-four (24) hours in advance; b. there is no additional cost to the County; AFSCME Local 2700 -6- 2005-2008 MOU SECTION 3 - NO DISCRIMINATION C. it does not interfere with normal County operations; d. employees in attendance are not on duty and are not scheduled for duty; and e. the meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Union shall maintain proper order at the meeting, and see that the space is left in a clean and orderly condition. The use of County equipment (other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even though it may be present in the meeting area. 2.8 Advance Notice. The Union shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions appointed by the Board, and to meet with the body considering the matter. i The listing of an item on a public agenda, or the mailing of a copy of a proposal at least seventy- two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four (24) hours before the item will be heard, shall constitute notice. In cases of emergency when the Board, or boards and commissions appointed by the Board, determines it must act immediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical after its action. 2.9 Written Statement. for New Employees. The County will provide a written statement to each new employee hired into a classification in any of the bargaining units represented by the Union, that the employee's classification is represented by the Union and the name of a representative of the Union. The County will provide the employee with a packet of information which has been supplied by the Union and approved by the County. The County shall provide an opportunity for the Union to make a fifteen (15) minute presentation at the end of the Human Resources Department's new employee orientation meetings. 2.10 Section 22 of 1977-79 MOU. Section 22 of the 1977-1979 Memorandum of Understanding between the County and United Clerical Employees shall continue for the duration of this MOU. 2.11 P.E.O.P.L.E.. Employees in classifications represented by United Clerical, Technical & Specialized Employees, Local 2700, AFSCME may make a voluntary, monetary monthly contribution to P.E.O.P.L.E., said contributions to be deducted from employees' pay by the County and remitted to AFSCME, P.E.O.P.L.E. (Public Employees Organized to Promote Legislative Equality). SECTION 3 - NO DISCRIMINATION There shall be no discrimination because of sex, race, creed, color, national origin, sexual orientation or union activities against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age. There shall.be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established for the position or from carrying out the AFSCME Local 2700 -7- 2005-2008 MOU SECTION 4 -SHOP STEWARDS/OFFICIAL REPRESENTATIVES duties of the position safely..There shall be no discrimination because of Union membership or legitimate Union activity against any employee or applicant for employment by the County or anyone.employed by the County. SECTION 4 -SHOP STEWARDS/OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetings. Employees designated as shop stewards or official ;representatives of the Union shall be allowed to•attend meetings held by County agencies during regular working hours on County time as follows: a. if their attendance is required by the County at a specific meeting. b. if their attendance is sought by a hearing body or presentation of testimony or other reasons; C. if their attendance is required for a meeting necessary for settlement of grievances filed pursuant to Section 26 Grievance Procedure of this MOU and scheduled at reasonable times agreeable to all parties; d. if they are designated as a shop steward, in which case they may utilize a reasonable time, at each level of the proceedings to assist an employee to present a grievance provided the meetings are scheduled at.reasonable times agreeable to all parties; e. if they are designated as,spokesperson or representative of the Union and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions provided in each case advance arrangements for time away from the employee's work station or assignment are made with the appropriate Department Head, and the County agency calling the meeting is responsible for determining that the attendance of the particular employees) is required; f. to attend examination appeal board hearings to assist an employee in making a presentation. 4.2 Union Representatives. Official representatives of the Union shall be allowed time off on County time for meetings during regular working- hours when formally meeting and conferring in good.faith or consulting with the Labor Relations Manager or other management representatives on matters within the scope of representation, provided that advance arrangements for the time away from the work station or assignment are made with the appropriate Department Head. Shop stewards and union officials shall advise, as far in advance as possible, their immediate supervisor, or his/her designee, of their intent to engage in Union business. All requests.for release time shall include the location, the estimated time needed and the general nature of the Union business involved (e.g., grievance meeting, Skelly hearing). 4.3 Release Time For Training. The County shall provide the Union a maximum of 320,total hours per year of release time for union designated stewards or officers to attend. union-sponsored training programs. Requests for release time shall be provided in writing to the Department and County Human Resources at least fifteen (15) days in advance of the time requested. Department Heads will reasonably consider each request and .notify the affected employee whether such request is approved, within one (1) week of receipt. AFSCME Local 2700 -8- 2005-2008 MOU SECTION 5 - SALARIES SECTION 5 -SALARIES 5.1 General Wage Increases. A. The following wage schedule is effective for employees represented by AFSCME, Local 2700: July 1, 2007 2% increase July 1, 2008 2% increase Employees who did not receive a negotiated wage increase during FY 05/06 and were employed on January 1, 2006 and are currently employed upon adoption of the MOU by the Board of Supervisors, will receive a one time payment of$1500 prorated for permanent part-time, permanent intermittent, and temporary employees. The proration will be based on $.72/hour for each straight time hour worked or in paid status during the period July 1, 2005 to June 30, 2006. Payment of this one-time lump sum payment will be made on the November 10, 2006 paycheck. B. Longevity Pay. Effective July 1, 2008, employees at ten (10) years of County service shall be eligible to receive a two and one-half percent (2.5%) longevity pay differential. 5.2 Entrance Salary. New employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position ata step above the minimum of the range. 5.3 Certification Rule. A. Open Employment List. On each request for personnel from an open employment list, ten (10) names shall be certified. If more than one position is to be filled in any class in a department at the same time from the same request for personnel, the number of names to be certified from an open employment list shall be equal to the number of positions to be filled plus nine (9). B. Promotional Employment List. On each request for personnel from a promotional employment list, five (5) names shall be certified. If more than one position is to be filled in any class in a department at the same time from the same request for personnel, the number of names to be certified from a promotional employment list shall be equal to the number of positions to be filled plus four(4). 5.4 Anniversary Dates. Except as may otherwise be provided for in deep class resolutions, anniversary dates will be set as follows: A. New Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee successfully completes six (6) months service provided however, if an employee began work on the first regularly scheduled workday of the month the anniversary date is the first day of the calendar month when the employee successfully completes six (6) months service. B. Promotions. The anniversary date of a promoted employee is determined as for a new employee in Subsection 5.4.A above. AFSCME Local 2700 -9- 2005-2008 MOU SECTION 5 - SALARIES C. Demotions. The anniversary of_a demoted employee is the first day of the calendar month after the calendar month when the demotion was effective. D. Transfer: Reallocation and Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary range or to a salary range which is within five percent (5%) of the top step of the previous classification, remains unchanged. E. Reemployments. The anniversary of an employee appointed from a reemployment list to the first step of the applicable salary range and not required to serve a probation period is determined in the same way as the anniversary date is determined for a new employee who is appointed the same date, classification and step and who then successfully completes the required probationary period. F. Outside Appointments. Notwithstanding other provisions of this Section 5, the anniversary of an employee who is appointed to a classified position from outside the County's merit system at a rate above the minimum salary for the employee's new class, or who is transferred from another governmental entity,to this County's merit system, is one (1) year from the first day of the calendar month after the calendar month when the employee was appointed or transferred; provided however, when the appointment or transfer is effective on the employee's first regularly scheduled work day of that month, his/her anniversary is one (1) year after the first calendar day of that month. 5.5 Increments Within Range. The performance of each employee, except those of employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5.4 to determine whether the salary of the employee shall be advanced to the next higher step in the salary range. Advancement shall be granted on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend denial of the increment or denial subject to one additional review at some specified date before the next anniversary, 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 (1) step within-range increment be granted at one time, except as otherwise provided in deep class resolutions. In case an appointing authority recommends denial of the within range increment on some particular, anniversary date, but recommends a special salary review at some date before the next anniversary the special salary review shall not affect the regular salary review on the nextanniversary date. Not herein shall be construed to•make the granting of increments mandatory on the County. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 5.6 ­,'Part-Time Compensation. A part-time employee.shall be paid a monthly salary in the same ratio to the full time monthly rate to which the employee would be entitled as a full time employee under the provisions of this Section 5 as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the full time work schedule of the department. AFSCME Local 2700 -10- 2005-2008 MOU , SECTION 5 - SALARIES 5.7 Compensation for Portion of Month and Permanent-Intermittent Compensation. Any employee who works less than any full calendar month, except when on earned vacation or authorized sick leave, shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular month; but if the employment is intermittent; compensation shall be on an hourly basis, which is calculated on the number of hours in the month worked plus five percent (5%) above the salary step earned. 5.8 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule as is the class of the position before it was reclassified, shall be paid at the same step of the range as the employee received under the previous classification. An incumbent of a position which is reclassified to a class which is allocated to a lower range of the basic salary schedule shall continue to receive the same salary as before the reclassification, but if such salary is greater than the maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater than the range of:the class of the position before it was reclassified shall be governed by the provisions of Section 5.10 - Salary on Promotion. 5.9 Salary Reallocation &Salary on Reallocation. A. In a general salary increase or decrease, an employee in a class which is reallocated to a salary range above or below that to which it was previously allocated, when the number of steps remain the same, shall be compensated at the same step in the new salary range the employee was receiving in the range to which the class was previously allocated. If the reallocation is from one salary range with more steps to a range with fewer steps or vice versa, the employee shall be compensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before reallocation to the top step of the old range, but in no case shall any employee be compensated at less than the first step of the range to which'the class is allocated. B. In the event that a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in Section 5.940.A above, each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. In the event that the steps in the new range do not contain the same rates as the old range, each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range, or if the new range does not contain a higher step, at the step which is next lower than the salary received in the old range. C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as, 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 event that the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the AFSCME Local 2700 -11- 2005-2008 MOU SECTION 5 - SALARIES new range which is next above the salary rate received in the old range; or if the new range,does not contain a higher step, the incumbent shall be placed at the step which is next'lower than the salary received in.the old range.. D. In the event of reallocation to a deep class, the provisions of the deep class resolution and incumbent salary allocations, if any,shall supersede Section 5.9. 5.10 Salary on Promotion.-Any employee who is appointed to a position of a class allocated to a higher salary range than the-class previously occupied, except as provided under Section 5.13, shall receive the salary in the new salary range which is`next higher than the rate received before promotion. In the event this increase is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is at least-five percent (5%) greater than the next higher step; provided, however, that the next step shall not exceed the•maximum salary for the higher class. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in a decrease in which case the employee is appointed to the next higher step. If however, the employee is being appointed into a class allocated to a' higher.salary range than the class from which the employee was ,laid off, the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee's current step, whichever is higher. 5.11 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.12, 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 lower than the salary received before demotion. In the event this decrease is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided, however, that the next step shall-not be less than the minimum salary for the lower class. Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted employee shall be that step on the salary range which he/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. 5.12 Salary on Voluntary Demotion. Whenever any employee'voluntarily demotes to a position in a class having a salary range lower than that of the class from which he or 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 at the step next below former salary. 5.13 Transfer. An employee who is transferred from one position to another as described under"Transfer" shall be placed at the step in the salary range of the new class which equals the rate of pay received before the transfer. In the event that the steps in the range for the new class do,not contain the same rates as the range for the old .class, the employee shall be placed at the step of the new range which is next above the salary rate received.in the old range; or if the new range does not contain a higher step, the employee shall be placed at the step which is next lower than the salary received in the old range. Whenever a permanent employee transfers to or from a deep .class, as, provided in the appropriate deep class resolutions, the salary of the employee shall .be set as provided in the deep class resolutions at a step not to exceed a five percent (5%) increase in the employee's base salary. AFSCME Local 2700 -12- 2005-2008 MOU SECTION 5 - SALARIES However, if the deep class transfer occurs to or from a deep class with specified levels identified for certain positions and their incumbents, the employee's salary in the new class shall be set in accordance with the section on "salary on promotion" if the employee is transferring to another class or to a level in a deep class for which the salary is at least five percent (5%) above the top base step of the deep class level or class in which they have status currently. 5.14 Pay for Work in Higher Classification. When an employee in a permanent position in the Merit System is required to work in a classification for which the compensation is greater than that to which the employee is regularly assigned, the employee shall receive compensation for such work at the rate of pay established for the higher classification pursuant to Subsection 5.10 Salary on Promotion of this Memorandum, at the start of the second full day in the assignment, under the following conditions. Payment shall be made retroactive after completing the first forty (40) consecutive hours worked in the higher classification. a. The employee is assigned to a program, service, or activity established by the Board of Supervisors which is reflected in an authorized position which has been classified and assigned to the Salary Schedule. b. The nature of the departmental assignment is such that the employee in the lower classification performs a majority of the duties and responsibilities of the position of the higher classification. C. Employee selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. d. The County shall make reasonable efforts to offer out of class assignments to all interested employees on a voluntary basis. Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures provided in this MOU. e. Higher pay assignments shall not exceed six (6). months except through reauthorization. f. If approval is -granted for pay for work in a higher classification and the assignment is terminated and later reapproved for the same employee within one- hundred-eighty (180) days, no additional waiting period will be required. g. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential and hazardous duty differential) accruing to the employee in his/her permanent position shall continue. h. During the period of work for higher pay in a higher classification, an employee will retain his/her, permanent classification, and anniversary and salary review dates will be determined by time in that classification; except that if the period of work for higher pay in a higher classification exceeds one year continuous employment, the employee, upon satisfactory performance in the higher classification, shall be eligible for a salary review in that class on his/her next anniversary date. Notwithstanding any other salary regulations, the salary step placement of employees appointed to the higher class immediately following termination of the assignment, shall remain unchanged. i.. Allowable overtime pay, shift differential and/or work location differentials will be paid on the basis of the rate of pay for the higher class. AFSCME Local 2700 -13- 2005-2008 MOU SECTION 6 - DAYS AND HOURS OF WORK 5.15 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the preceding month; provided, however, that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his/her warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3) or less, at the-employee's option, of the employee's basic salary of the previous month except that it shall 'hot exceed the amount of the previous month's basic salary less all requested or required deductions. An election to receive or discontinue an advance shall not be made more than twice in any calendar year or during the first month.of employment by-filing forms, prepared by the Auditor Controller. Each election shall become effective on the first day of the month following the deadline for filing the notice and shall remain effective until revoked. In the case of an election made pursuant to this Section, 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. 5.16 Pay Warrant Errors. If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and holidays from the time the Department is made aware of and verifies that the pay warrant is in error. 'Pay errors found in.employee pay shall be corrected as soon as possible as to current pay rate but that no recovery of either overpayments or underpayments to an,�employee shall be made retroactively except for the two (2) year period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the appointing authority or designee, the Human Resources Director or designee, or the Auditor- Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. When the County notifies an employee of an overpayment and proposed repayment schedule and the employee wishes to meet, with the County, a meeting will be held at which time a repayment schedule shall be determined: If requested by the employee, a Union representative may be present at a meeting with management to discuss a repayment schedule in the case of overpayments to the employee. SECTION 6 - DAYS AND HOURS OF WORK 1. The normal work week of County employees is forty (40) hours between 12:01 a.m. Monday to 12:00 midnight Sunday, usually five (5) eight (8) hour days. However, where operational requirements of a department require deviations from the usual pattern of five (5) eight (8) hour days per work week, an employee's work hours may be scheduled to meet these requirements. The Department Head shall prepare written schedules in advance to support all deviations and encompassing the complete operational cycle contemplated. AFSCME Local 2700 -14- 2005-2008 MOV i SECTION 7 - OVERTIME AND COMPENSATORY TIME 2. The work week for employees in the "4-10" shift is four (4) ten (10) hour working days during a work week consisting of any seven (7) day period. If the County wants to eliminate any existing "4-10" shift and substitute a "5-8" shift or to institute a "4-10" shift which does not allow for three (3) consecutive days off (excluding overtime days or a change of shift assignment), it will meet and confer with the Union prior to implementing said new shift. 3. Work Schedule Re-Opener. The parties agree to reopen the work schedule provisions of the Memorandum of Understanding for the purpose of ensuring consistent practices among the departments and compliance with appropriate regulatory requirements. Any changes to the MOU and/or past practice except those necessitated by legal requirements shall be subject to agreement by both parties. If the County believes a change is necessitated by legal requirements, it shall notify the Unions of the change and the legal basis thereof. The County shall offer to meet with the Union before the County implements such change. SECTION 7 -OVERTIME AND COMPENSATORY TIME 7.1 Overtime. Overtime is any authorized work performed in excess of forty (40) hours per week or eight (8) hours per day. Overtime for "4-10" shift employees is any work performed beyond ten (10) hours per day or forty (40) hours per week. All overtime shall be compensated for at the rate of one and one-half (1-1/2) times the employee's base rate of pay (not including shift and other special differentials). Overtime for permanent employees is earned and credited in a minimum of one-half hour increments and is compensated by either pay or compensatory time off. Employees entitled to overtime credit for holidays in positions which work around the clock (such as the County hospital, the Sheriffs office and jails, and the juvenile hall and boys' ranch) shall be provided a choice as to-whether they shall be paid at the overtime rate or shall receive compensatory time off at the rate of one and one-half 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 MOU. The specific provisions of this accumulation are set forth in Section 12.6 of this MOU. Regular overtime for twenty-four (24) hour institutional employees may be accrued as compensatory time in accordance with Section 7.2 of this MOU. 7.2 Compensatory Time. The following provisions shall apply: a. Employees may periodically elect to accrue compensatory time off in lieu of overtime pay. Eligible employees must notify their Department Head or his or her designee of their intention to accrue compensatory time off or to receive overtime pay at least thirty (30) days in advance of the change. b. The names of those employees electing to accrue compensatory time off shall be placed on a list maintained by the Department. Employees who become eligible (i.e., newly hired employees, employees promoting, demoting, etc.) for compensatory time off in accordance with these guidelines must elect to accrue compensatory time or they will be paid for authorized overtime hours worked. C. Compensatory time off shall be accrued at the rate of one and one-half (1-1/2) times the actual authorized overtime hours worked by the employee. d. Employees may not accrue a compensatory time off balance that exceeds one hundred twenty (120) hours (i.e., eighty (80) hours at time and one-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 AFSCME Local 2700 -15- 2005-2008 MOU SECTION 7 - OVERTIME AND COMPENSATORY TIME (120) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked until the employee's balance again reaches one hundred twenty (120) hours. e. Accrued compensatory time off shall be carried over for use in the next fiscal year; however, as provided in d. above, accrued compensatory time off balances may not exceed one hundred twenty (120) hours. f. Employees may not use more than one hundred twenty (120) hours of compensatory time off in any fiscal year period (July 1 - June 30). g. The use of accrued compensatory time off shall be by mutual agreement between the Department Head or his/her designee and the employee. Compensatory time off shall not be taken when the employee would be replaced by another employee who would be eligible to receive, for time worked, either overtime payment or compensatory time accruals as provided for in this Section. This provision may be waived at the discretion of the Department Head or his or her designee. h. When an employee promotes, demotes or transfers from one classification eligible for compensatory time off to another classification eligible for compensatory time off within the same department, the employee's accrued compensatory time off balance will be carried forward with the employee. i. Compensatory time accrual balances will be paid off when an employee moves from one department to another through promotion, demotion or transfer. Said payoff will be made in accordance with the provisions and salary.of the class from which the employee is promoting, demoting or transferring as set forth below. j. Since employees accrue compensatory time off at the rate of one and one-half (1-1/2) hours for each hour of authorized overtime worked, accrued compensatory time balances will be paid off at the straight time rate (two-thirds (2/3) the overtime rate) for the employee's current salary whenever: 1, the employee changes status and is no longer eligible for compensatory time off; 2. the employee promotes, demotes or transfers to another department; 3. the employee separates from County service; 4. the employee retires. k. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this Section. 7.3 Fair Labor Standards Act Provisions. The Fair Labor Standards Act, as amended, may govern certain terms and conditions of the employment of employees covered by this MOU. It is anticipated that compliance with the Act may require changes in some of the County policies and practices currently in effect or agreed upon. If it is determined by the County that certain working conditions, including but not limited to work schedules, hours of work, method of computing overtime, overtime pay, and compensatory time off entitlements or use, must be changed to conform with the Fair Labor Standards Act, such terms and conditions of employment shall not be controlled by this MOU but shall be subject to modification by the County to conform to the Federal Law without further meeting and conferring. The County shall AFSCME Local 2700 -16- 2005-2008 MOU SECTION 8 - CALL BACK TIME notify the Union (employee organizations) and will meet and confer with said organization regarding the implementation of such modifications. SECTION 8 -CALL BACK TIME Any employee who is called back to duty shall be paid at the appropriate rate for the actual time worked plus one (1) hour. Such employee called back shall be paid a minimum of two (2) hours at the appropriate rate for each call back. SECTION 9 -ON-CALL DUTY On call duty is any time.other than time when the employee is actually on duty during which an employee is not required to be on County premises but stand ready to immediately report for duty and must arrange so that his/her superior can reach him/her on ten (10) minutes notice or less. An employee assigned to on-call time shall be paid one (1) hour of straight time credit for each four (4) hours on such on-call time unless otherwise provided in the supplemental sections of this Agreement. Where on-call arrangements exist, the Department Head shall designate which, employees are on-call unless otherwise provided in the supplemental sections of this Agreement. SECTION 10 -SHIFT DIFFERENTIAL In the hours which qualify for shift differential, employees shall receive five percent (5%) above their base salary rate. To qualify for shift differential, an employee must have a regularly assigned daily work schedule which requires: a. Completion of more than one and one-half (1-1/2) hours over the normal actual working time; or b. at least four (4) hours of actual working time from 5:00 p.m. through 9:00 a.m. inclusive. However, employees who have been regularly working a shift qualifying for shift differential immediately preceding the commencement of a vacation, paid sick leave period, paid disability or other paid leave, will have shift differential included in computing the pay for their leave. The paid leave of an employee who is on a rotating shift schedule shall include the shift differential that would have been received had the employee worked the shift for which the employee was scheduled during such period. Shift differential shall only be paid during paid sick leave and paid disability as provided above for the first thirty(30) calendar days of each absence. SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF, & REASSIGNMENT 11.1 Workforce Reduction. In the event that funding reductions or shortfalls in funding occur in a department or are expected, which may result in layoffs, the department will notify the union and take the following actions: a. Identify the classifications) in which position reductions may be required due to funding reductions or shortfalls. b. Advise employees in those classifications that position reductions may occur in their classifications. AFSCME Local 2700 -17- 2005-2008 MOU SECTION-11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF, & REASSIGNMENT C. Accept voluntary leaves of absence from employees in those classifications which do not appear to be potentially impacted by possible position reductions when such leaves can be accommodated by the department. d. Consider employee requests to reduce their position hours from full time to part time to alleviate the impact of the potential layoffs. e. Approve requests for reduction in hours, lateral transfers, and voluntary demotions to vacant, funded positions in classes not scheduled for layoffs within the department, as well as to other departments not experiencing funding reductions or shortfalls when it is a viable operational alternative for the department(s): f. Review various alternatives which will help mitigate the impact of the layoff by working through the Tactical Employment Team program (TET) to: 1. Maintain an employee skills inventory,bank to be used as a basis for referrals to other employment opportunities. 2. Determine if there are other positions to which employees -may, be transferred. 3. Refer interested persons to..vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. 4. Establish workshops to aid laid off employees in areas such. as resume preparation, alternate career counseling, job search strategy; and interviewing skills. g. When it appears to the Department Head and/or Labor Relations 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 it regarding the implementation of the action. 11.2 Separation Through Layoff A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the merit service may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). B. Order of Layoff. The order of layoff in a department shall be based on inverse seniority in the class of positions., the employee in that department with least seniority being laid off first and soon. C. Layoff By Displacement. 1. In the Same Class. A laid off permanent full time employee may displace an employee in the department having less seniority in the same class who occupies a permanent-intermittent or permanent part-time position, the least senior employee being displaced first. AFSCME Local 2700 -18- 2005-2008 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF, & REASSIGNMENT 2. In the Same Level or Lower Class. A laid off or displaced employee who had achieved permanent status in a class at the same or lower salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class of an employee having less seniority; the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. D. Particular Rules on Displacing. 1. Permanent-intermittent and permanent part-time employees may displace only employees holding permanent positions of the same type respectively. 2. A permanent full time employee may displace any intermittent or part-time employee with less seniority 1) in the same class or, 2) in a class of the same or lower salary level if no full time employee in a class at the same or lower salary level has less seniority than the displacing employees. 3. Former permanent full time employees who have voluntarily become permanent part-time employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Human Resources Director 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. Seniority. An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salaryschedule in effect at the time of layoff. Employees reallocated or transferred without examination from one class to another class having a salary within five percent (5%) of the former class, shall carry the seniority accrued in the former class into the new class. Employees reallocated to a new deep class upon its initiation or otherwise reallocated to a deep class because the duties of the position occupied are appropriately described in the deep class shall carry into the deep class the seniority accrued or carried forward in the former class and seniority accrued in other classes which have been included in the deep class. Service for layoff and displacement purposes includes only the employee's last continuous permanent County employment. Periods of separation may not be bridged to extend such service unless the separation is a result of layoff in which case bridging will be authorized if the employee is reemployed in a permanent position within the period of layoff eligibility. Approved leaves of absence as provided for in these rules and regulations shall not constitute a period of separation. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous permanent County employment. If there remain ties in seniority rights, such ties shall be broken by counting total time in the department in permanent employment. Any remaining ties shall be broken by random selection among the employees involved. _ I AFSCME Local 2700 -19- 2005-2008 MOU SECTION 11 SENIORITY, -WORKFORCE REDUCTION, LAYOFF_; & REASSIGNMENT F. Eligibility for Layoff Lista Whenever any person who has permanent status is laid off, has been displaced, has been demoted by displacement or has voluntarily demoted in lieu of layoff or displacement, or has transferred in lieu of layoff or displacement, the person's name shall be placed on the layoff list for the class of positions from which that person has been removed. G. Order of Names on Layoff. First, layoff lists shall contain the names of persons laid off, displaced, or demoted as a result of a layoff or displacement, or who have voluntarily demoted or transferred in lieu of layoff or displacement. Names shall be listed in order of layoff seniority in the class from which laid off, displaced or demoted or transferred on.the.date of layoff, the most senior person listed first. Incase of ties in seniority, the seniority rules shall apply except that where there is a class seniority tie between persons laid off from different departments, the tie(s) shall be broken by length.of last continuous permanent County employment with remaining ties broken by random selection among the employees involved. H. Duration of Layoff & Reemployment Rights. The name of any person granted reemployment privileges shall continue on the layoff list for a period of two (2) years. Persons placed on layoff lists shall continue on the appropriate list for a period of four (4) years. I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or displacement, or transferred in lieu of layoff or displacement. When a request for personnel is received from the appointing authority of a department from which an eligible(s) was laid off, the'appointing authority shall receive and appoint the eligible highest on the layoff'list from the department. When a request for personnel is received from a department from which an eligible(s) was not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period. A person employed from a layoff list shall be appointed at the same step of that salary range the employee held on the day of layoff. J. Removal of Names From Reemployment & Layoff Lists. The Human Resources Director may remove the name of any eligible from a reemployment or layoff list for any reason listed below: 1. For any cause stipulated in Section 404.1 of the Personnel Management Regulations. ' 2.• On evidence that the eligible cannot be located by postal authorities. 3. On receipt of a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for appointment in the class. 4. If three (3) offers of permanent appointment to the class for which the eligible list was established have been declined by the eligible. 5. If the eligible fails to respond to the Human Resources Director or the appointing authority within ten (10) days to written notice of certification mailed to the person's last known address. .AFSCME Local 2700 -20- 2005-2008 MOU SECTION 12 - HOLIDAYS If the person on the reemployment or layoff'list is appointed to another position in the same or lower classification, the name of the person shall be removed. However, if the first permanent appointment of a person on a layoff list is to a lower class which has a top step salary lower than the top step of the class from which the person was laid off, the name of the person shall not be removed from the layoff list. Any subsequent appointment of such person from the layoff list shall result in removal of that person's name. K. Removal of Names from Reemployment & Layoff Certifications. The Human Resources Director may remove the name of any eligible from a reemployment or layoff certification if the eligible fails to respond within five (5) days to a written notice of certification mailed to the person's last known address. 11.3 Notice. The County agrees to give employees scheduled for layoff at least ten (10) work days notice prior-to their last day of employment. 11.4 _Special Employment Lists. The County will establish a Tactical Employment Teams (TET) employment pool which will include the names of all laid off County employees. Special employment lists for job classes may be established from the pool. Persons placed on a special employment list must meet the minimum qualifications for the class. An appointment from such a list will not affect the individual's status on a layoff list(s). Employees in the TET employment pool shall be guaranteed a job interview for any vacant funded position for which they meet minimum qualifications. If there are more than five such employees who express an interest for one vacant funded position, the five most senior employees shall be interviewed. -Seniority for this subsection shall be County seniority. 11..5 Reassignment of Laid Off Employees. Employees who displaced within the same classification from full time to part-time or intermittent status in a layoff, or who voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a position of another status than that from which they were laid off upon referral from the layoff list, may request reassignment back to their pre-layoff status (full time or part-time or increased hours). The request must .be in writing in accord with each department's reassignment bid or selection process. Employees will. be advised of the reassignment procedure to be followed to obtain reassignment back to their former status at the time of the workforce reduction. The most senior laid off employee in this status who requests such a reassignment will be selected for the vacancy; except when a more senior laid off individual remains on the layoff list and has not been appointed back to the class from which laid off, a referral from the layoff list will be made to fill the vacancy. 11.6 Further Study. The County agrees to meet with the Labor Coalition for study of the concept of employee's waiver of displacement rights in a layoff. SECTION 12 - HOLIDAYS 12.1 Holidays Observed. The County will observe the following holidays: A. January 1 st, known as New Year's Day Third Monday in January known as Dr. Martin Luther King, Jr. Day Third Monday in February, known as Presidents Day The last Monday in May, known as Memorial Day July 4th known as Independence Day First Monday in September, known as Labor Day November 11th, known as Veterans Day AFSCME Local 2700 -21- 2005-2008 MOU SECTION 1.2 - HOLIDAYS Fourth Thursday in November, known as Thanksgiving Day The Friday after Thanksgiving Day December 25th, known as.Christmas.Day Such other days as the Board of Supervisors may by resolution designate as holidays. B Each employee shall accrue two (2) hours of personal,holiday credit per month. Such personal holiday time may be taken in increments of one-tenth hour (6 minutes), -and preference of personal holidays shall, be given to employees according to their seniority in their department as reasonably as possible. No employee may accrue more than forty (40) hours of personal holiday credit. On separation from County- service, an employee shall be paid for any unused personal holiday credits at the employee's then current pay rate. 12.2 Application of Holiday Credit. The following provisions indicate how holiday credit is to be applied: a. Employees on the five (5) day Monday through Friday work schedule shall be entitled to a holiday whenever a holiday is observed pursuant to the schedule cited above. b. Employees on a work schedule other than Monday through Friday shall be entitled to credit for any holiday, whether worked or not, observed by employees on the regular schedule. C.- For all employees, if a work day falls on a scheduled holiday they shall receive overtime pay or equivalent compensatory time credit (Holiday Credit) for working the holiday, or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit. d. If any holiday listed in Section 12.1.A falls on a Saturday, it shall be celebrated on the preceding Friday. If any holiday listed in Section 12.1.A falls on a Sunday,,it shall be celebrated on the following Monday. e. For employees in the Health Services Department assigned to units,or services on a shift operational cycle which includes Saturday or Sunday as designated by the appointing authority (rather than Monday through Friday eight (8) hours per day or a designated "4/10" or "9/80" schedule) holidays shall be observed on the day on which the holiday falls, regardless if it is a Saturday or Sunday. f. For employees in the Animal Services Department assigned to units or services on a shift operational cycle (as designated by the appointing authority) which includes Saturday (rather than Monday through Friday, "eight (8) hour-rs per day o 9/80 schedule); holidays will be observed on the day on which the holiday falls regardless if it is a Saturday. The purpose of this plan is to equalize holidays between employees on regular work schedules and those on other work schedules. 12.3 Permanent Part-Time Employees. Permanent part-time and permanent- intermittent employees who work on a holiday shall receive overtime pay or compensatory time credit for all hours worked, up to a maximum of eight (8). Part-time employees shall receive holiday credit in the same ratio to the holiday credit given full time employees as the number of hours per week in the part-time employee's schedule bears to.the number of hours in the regular -AFSCME Local 2700. -22- 2005-2008 MOU SECTION 12 - HOLIDAYS full time schedule, regardless of whether the holiday falls on the part-time employee's regular work day. 12.4 4/10 Shift - Holidays. A. Holiday Shift Pay. For all employees, if a work day falls on a scheduled holiday, they shall receive overtime pay or equivalent compensatory time credit (Holiday Credit) for working the holiday for the first eight (8) hours worked; or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit for eight (8) hours. B. Absence on Holiday. The maximum time charged to sick leave, vacation or leave without pay on a holiday shall be two (2) hours. 12.5 9/80 Shift Holidays. A. Holiday Shift Pay. For all employees, if a work day falls on a scheduled holiday, they shall receive overtime pay or equivalent compensatory time credit (Holiday Credit) for working the holiday for the first eight (8) hours worked; or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit for eight (8) hours. B. Absence on Holiday. The maximum time charged to sick leave, vacation, or leave without pay-on a holiday shall be one (1) hours. 12.6 Accrual of Holiday Time & Credit. Employees entitled.to holiday credit shall be permitted to elect between pay at the overtime rate or compensatory time off in recognition of holidays worked. The following procedures shall apply to this selection: a. Any person who is eligible and who elects to accrue holiday credit must agree to do so for a full fiscal year(July 1 through June 30), or the remainder thereof. b. Employees starting work after a list of those electing to accrue holiday credit has been submitted to the Auditor and approved, will be paid overtime unless they specifically request in writing within seven (7) calendar days to be placed on the holiday credit accrual list. C. Holiday time shall be accrued at the rate specified above to a maximum of eight (8) hours worked by the employee. d. Accrued holiday credit may not be accumulated in excess of two hundred eighty- eight (288) working hours exclusive of regular vacation accruals. After two hundred eighty-eight (288) hours, holiday time shall be paid .at the rates specified above. e. Accrued holiday credit may be taken off at times determined by mutual agreement of the employee and the Department Head. f. Accrued holiday credit shall be paid off only upon a change in status of the employee such as separation, transfer to another department or reassignment to a permanent-intermittent position. AFSCME Local 2700 -23- 2005-2008 MOU SECTION 13 - VACATION LEAVE 12.7 Work Leave. Upon Board of Supervisors.approval of the MOU.,;but no later than November 10, 2006, each employee will receive 24 hours of Paid Time Off(PTO) (prorated for part-time and permanent intermittent employees). If an employee is not granted his/her choice of day off, the supervisor shall suggest an alternate date. If the employee and supervisor cannot agree on the alternate date, the employee shall observe the day off on the employees birthday. An employee whose birthday falls on a scheduled day off, may observe the PTO on the scheduled work day immediately preceding or immediately following the employee's birthday. 24/7 shift employees unable to schedule time off will be cashed out for"unused time at the end of the agreement. This provision shall automatically terminate upon expiration of the MOU, and except as noted above, an employee will not be allowed to cash out any unused time. 12.8 Holiday Schedule — Re-Opener. The parties agree to reopen the holiday schedule provisions of the Memorandum of Understanding for. the purpose of ensuring consistent practices among the departments on holiday scheduling, and compliance with appropriate regulatory requirements. Any changes to the MOU and/or, past practice, except those necessitated by legal requirements, shall be subject to agreement by both parties. If the. County believes a change is necessitated by legal requirements, it shall notify the Union of the change and the legal basis thereof. The County shall offer to meet with the Union before the County implements such change. SECTION 13 -VACATION LEAVE 13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour calculated on the same basis as for partial month compensation pursuant to. Section 5.8 of this MOU. Vacation credits may be taken in 1/10 hour (6 minute) increments but may not be taken during the first six (6) months of employment (not necessarily synonymous with probationary status) except where sick leave has been exhausted. 13.2 Vacation Leave on Reemplovment from a Layoff List. Employees with six (6) months or more service in a permanent position prior to their layoff and who are employed from a layoff list shall be considered as having completed six (6) months tenure in a permanent position .for the purpose of vacation leave.- The appointing authority or designee will advise the Auditor-Controller's Payroll Unit in each case where such vacation is- authorized so that appropriate Payroll system override actions can be taken. 13.3 . Vacation Accrual Rates. Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 15 years 10 240- 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 13.4 Accrual During Leave Without Pay. No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacationcredit during the time of such leave, nor shall an employee who is absent without pay accrue vacation.credit during the absence. AFSCME Local 2700 -24- 2005-2008 MOU SECTION 14 - SICK LEAVE 13.5 Vacation Allowance for Separated Employees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 13.6 Preference. Preference of vacation shall be given to employees according to their seniority in their department as reasonably as possible. 13.7 Prorated Accruals. Employees in permanent part-time and permanent- intermittent positions shall accrue vacation benefits on a prorated basis as provided in Ordinance Code Section 36-2.006-of Board Resolution No. 81/1165. SECTION 14 -SICK LEAVE 14.1 Purpose of Sick Leave. The primary_ purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by the County and may be used only as authorized; it is not paid time off which employees may use for personal activities. 14.2 Credits To and Charges Against Sick Leave. Sick leave credits accrue at the rate of eight (8) working hours credit for each completed month of service, as prescribed by County Salary Regulations. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one-tenth hour (6 minute) increments. Unused sick leave credits accumulate from year to year. When an employee is separated other than through retirement, accumulated sick leave credits shall be canceled, unless the separation results from layoff, in which case the accumulated credits shall be restored if reemployed in a permanent position within the period of lay off eligibility. As of the date of retirement, an employee's accumulated sick leave is converted to retirement on the basis of one day of retirement service credit for each day of accumulated sick leave credit. 14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. The following definitions apply: Immediate Family: Includes only the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece, nephew, father- in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, foster children, aunt, uncle, cousin, stepbrother, stepsister, or domestic partner of an employee and/or includes any other person for whom the employee is the legal guardian or conservator, or any person who is claimed as a "dependent"for IRS reporting purposes by the employee. Employee: Any person employed by Contra Costa County in an allocated position in the County service. Paid Sick Leave Credits: Sick leave credits provided for by County Salary Regulations and memoranda of understanding. Condition/Reason: With respect to necessary verbal contacts and confirmations which occur between the department and the employee when sick leave is requested or verified, a brief AFSCME Local 2700 -25- 2005-2008 MOU SECTION 14.- SICK LEAVE 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: a. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used when the employee is off work because of a temporary illness or injury. b. Permanent Disability Sick Leave. Permanent disability means the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which the employee is qualified by reason of education, training or experience. Sick leave may',be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the .Retirement Board, subject to the following conditions: 1. An application for retirement due to disabilityhas been filed with the Retirement Board. 2. Satisfactory medical evidence of such disability is received by the appointing authority within thirty (30) days of the start of.use of sick leave for permanent disability. 3. The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient,. or where the above conditions have not been met. C. Communicable Disease. An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a communicable disease. d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, .or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability under the conditions set forth below: 1. Application for such leave must be made. by the employee to the appointing authority accompanied by a written statement of disability from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of. the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the 'physician. anticipates the disability to terminate. 2. If an employee does not apply for leave and: the appointing authority believes that the employee is not able to properly perform her work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery therefrom the employee shall be required to undergo a physical examination by a AFSCME Local 2700 -26- 2005-2008 MOU SECTION 14 - SICK LEAVE physician selected by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3. Sick leave may not be utilized'after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. e. Medical and Dental Appointments. An employee may use paid sick leave credits: 1. For working time used in keeping medical and dental appointments for the employee's own care; and 2. For working time used by an employee for pre-scheduled medical and dental appointments for an immediate family member. f. Emergency Care of Family. An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. g. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family or of the employee's domestic partner, but this shall not exceed three (3) working days, plus up to two (2) days of work time for necessary travel. Use of additional accruals including sick leave, when appropriate, may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. h. Legal Adoption of a Child. Paid sick leave credits may be used by an employee upon adoption of the child. i. Accumulated paid sick leave credits may not be used in the following situations: 1. Vacation. Paid sick leave credits may not be used for an employee's illness or injury which occurs while he is on vacation but the County Administrator may authorize it when extenuating circumstances exist and the appointing authority approves. 2. Not in Pay Status. Paid sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status. 14.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of the employee and the department head. The following procedures apply: a. Employee Responsibilities 1. Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2. Employees are responsible for keeping their department informed on a :continuing basis of their condition and probable date of return to work. AFSCME Local 2700 -27- 2005-2008 MOU SECTION 14.- SICK LEAVE 3. Employees are responsible for obtaining advance approval from their supervisor for the. scheduled time of pre-arranged personal or family medical and dental appointments. 4. Employees are encouraged to keep the department advised of (1) a current telephone number to which sick leave; related inquiries may be directed, and (2) any condition(s) and/or restriction(s) that may'reasonably be imposed regarding specific locations and/or persons the department may contact to verify the employee's sick leave. b. Department Responsibilities. The use of sick leave may properly be denied if -these procedures are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim. The department head or designee may make reasonable inquiries about employee absences. The department may require medical verification for an absence of three (3) or more consecutive working days. The department may also require medical verification for absences of less than three(3) consecutive working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: 1. Calling the employee's residence telephone number or other contact telephone number provided by the employee if telephone notification was not made in accordance with departmental sick leave call-in guidelines. These inquiries shall be subject to any restrictions imposed by the employee under Section 14A.A. 2. Obtaining the.employee's signature on the Absence/Overtime Record or on another form established for that purpose, as employee certification of the legitimacy of the claim. 3. Obtaining the employee's written statement of explanation regarding the sick leave claim. 4. Requiring the employee to obtain a physician's certificate or verification of the employee's illness, date(s) the employee was incapacitated, and the employee's ability to return to work, as specified above. 5.. In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as.specified above. Department heads are responsible for establishing timekeeping procedures which will insure the submission of a time card covering each employee absence and -for operating their respective offices in accordance with these policies and with clarifying regulations issued by the Office of the County Administrator. To help assure uniform policy application, the Human Resources Director or designated management staff of the Human Resources Department should be contacted with respect to sick leave determinations about which the department is in doubt. AFSCME Local 2700 -28- 2005-2008 MOU SECTION 14 - SICK LEAVE 14.5 Disabili A. An employee physically or mentally incapacitated for the performance of duty is subject to dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937. An appointing authority after giving notice may place an employee on leave if the appointing authority has filed an application for disability retirement for the employee, or whom the appointing authority believes to be temporarily or permanently physically or mentally incapacitated from the performance of the employee's duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employees, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense and on the employee's paid time, a physical, medical examination by a licensed physician and/or psychiatric examination by a licensed physician or psychologist; and receive a report of the findings on such examination. If the examining physician or psychologist recommends that treatment for physical or mental health problems, including leave, are in the best interests of the employee or the County in relation to the employee overcoming any disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due to temporary or permanent disability shall be without prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee is entitled other than regular salary. The Human Resources Director may order lost pay restored for good cause and subject to the employee's duty to mitigate damages. D. Before an employee returns to work from any absence for illness or injury, other leave of absence or disability leave, exceeding two (2) weeks in duration, the appointing authority may order the employee to undergo at County expense a physical, medical, and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. If the report shows that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as he deems necessary in accordance with appropriate provisions of this MOU. E. Before an employee is placed on an unpaid leave of absence or suspended because of physical or mental incapacity under (A) or (B) above, the employee shall be given notice of the proposed leave of absence or suspension by letter or memorandum, delivered personally or by certified mail, containing the following: 1. a statement of the leave of absence or suspension proposed; 2. the proposed dates or duration of the leave or suspension which may be indeterminate until a certain physical or mental health condition has been attained by the employee; 3. a statement of the basis upon which the action is being taken 4. a statement that the employee may review the materials upon which the action is taken; AFSCME Local 2700 -29- 2005-2008 MOU SECTION 14 - SICK LEAVE 5. a statement that the employee has until a specified date (not less than seven (7) work days from personal delivery or mailing `of the notice) to respond.to the_appointing authority orally or in writing. F. Pending response to the notice the appointing authority for cause specified in writing may place the employee on a temporary leave of absence, with pay. G. The employee to whom the notice has been delivered or mailed shall have seven (7) work days to respond to the appointing authority :`either orally or in writing before the proposed action may be taken. H. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension" in writing stating specifically the basis upon which the.action is being taken, delivering the order to the employee either personally or by certified mail, effective either upon personal delivery or deposit in the US. Postal Service. 1. An employee who,is placed on leave or suspended under this section may, within ten (10) calendar days after personal delivery or mailing to the employee of the order, appeal the order in writing through the Human Resources Director to the Merit Board. Alternatively, the employee may file a written election with the Human Resources Director waiving the employee's right to appeal to the Merit Board in favor of appeal to a Disability Review Arbitrator'. J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator, the employee has the burden of proof to'show that either: 1. the physical or mental health condition cited by the appointing authority does not exist, or 2. the physical or mental health condition does exist, but it is not sufficient to prevent; preclude; or impair the employee's performance of duty, or is not sufficient to endanger the health or safety ,of the employee, other employees, or the public. K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the Human Resources Director to the Merit Board for hearing under the Merit Board's Procedures, Section 1114-1128 inclusive. Medical reports submitted in evidence in such hearings shall remain confidential information and shall not be a part of the public record.. , L. If the appeal is to a Disability Review Arbitrator, the employee (and his representative) will meet with the County's representative to mutually select the Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a rehabilitation specialist, or some other recognized specialist mutually selected by the parties. The arbitrator shall hear and review the evidence. The decision of the Disability Review Arbitrator. shall be binding on both the County and the employee. Scope of the Arbitrator's Review. 1. The arbitrator may affirm, modify or revoke the leave of absence or suspension. AFSCME. Local 2700 -30- 2005-2008 MOU SECTION 14 - SICK LEAVE 2. The arbitrator may make his decision based only on evidence submitted by the County and the employee. 3. The arbitrator may order back pay or paid sick leave credits for any period of leave of absence or suspension if the leave or suspension is found not to be sustainable, subject to the employee's duty to mitigate damages. 4. The arbitrator's fees and expenses shall be paid one-half by the County and one-half by the employee or employee's association. M. It is understood that the benefits specified in Section 14— Sick Leave and Section 17 —Workers' Compensation, shall be coordinated with the rehabilitation program as determined by the labor-management committee. 14.6 Accrual During Leave Without Pav. No employee who has been granted a leave without pay or an unpaid military leave shall accrue any sick leave credits during the time of such leave nor shall an employee who is absent without pay accrue sick leave credits during the absence. 14.7 Integration of State Disabilitv Benefits with the County Sick Leave Benefit Program. Employees eligible for State Disability benefits and sick leave benefits for any portion of disability shall be required to make application for both benefits. The State Disability benefits shall be returned to the County to be _credited to the employee's sick leave balance on the following basis: a. Integration with State Disability is automatic and cannot be waived. b. The amount credited to the employee's sick*leave balance shall be converted to sick leave hours by dividing the amount received from State'Disability Insurance by the employee's straight time hourly rate, at the time of payment, as determined by the appropriate salary schedule for the employee's class of employment. C. If the employee is eligible for State Disability Insurance benefits, application must be made and the benefits returned to the County for sick leave credits so that the principle of integration is completed. d. In the event an employee is not eligible for sick leave credits from the County, there will be no integration and the employee shall not return State Disability Insurance benefits to the County. e. . In the event an employee receives sick leave benefits for a portion of the disability period,.,State Disability.benefits must be utilized to restore only those sick leave hours used during the period of disability. f. Restoration of sick leave balances shall be rounded to the nearest one-half (1/2) hour. g. In no instance will an employee be allowed to purchase sick leave not accrued. h. The County will provide separate accounting for the purchase sick leave to insure that State Disability Insurance benefits are not taxable. 14.8 Disability Insurance Review Committee. The County shall establish a Disability Insurance Review Committee consisting of one (1) representative from each employee AFSCME Local 2700 -31- 2005-2008 MOU SECTION 15 - CATASTROPHIC LEAVE BANK organization and four (4) management representatives to review and recommend to the Human Resources Director the feasibility of implementing a self-funded and self-administered disability insurance program. 14.9 Emplovee Annual Health Examination. Employees of the County who work in a Health Services Department facility will annually be required to complete a Health Questionnaire and take a Tuberculosis Skin Test. A chest X-ray will be required if the employee has previously had a positive reaction to a tuberculosis skin test. However employees will not be required to take X-ray exams in excess of what is required by applicable Federal and State laws. Employees will also,be requested to be screened for Rubella immunity. If the result of the. Rubella test is negative, the appointing authority or designee will recommend that the employee become immunized. If the employee has direct patient contact and refuses .to become immunized, said employee will be relocated to an indirect patient contact area. 14.10 Confidentiality of-Inforiimation/Records. Any use of employee medical records will be governed by the Confidentiality. of Medical Information Act (Civil Code Sections 56 to 56.26). SECTION 15 - CATASTROPHIC LEAVE BANK 15.1 Program Design. The Human Resources Department will operate a Catastrophic Leave Bank which is designed to assist any County employee who has exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of the employee or family member. The program establishes and maintains a Countywide bank wherein any employee who wishes to contribute may authorize that a portion of his/her accrued vacation, compensatory time, holiday compensatory time or floating holiday be deducted from those account(s) and credited to the Catastrophic' Leave Bank. Employees may donate hours. either to a specific eligible employee or to the bank. Upon approval, credits from the Catastrophic Leave Bank may ,be transferred to a requesting employee's sick leave account so that employee may remain in paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury, or condition. Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical impairment or disability which manifests itself during employment. 15.2 Operation. The plan will be administered under the direction of the Human Resources Director. The Human Resources Department will be responsible!for receiving and . recording all donations of accruals and for initiating transfer of credits from the Bank to the recipient's sick leave account. Disbursement of accruals will be subject to the approval of a six (6) member committee composed of three (3) members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests for credits and shall make determinations as to the appropriateness of the request. The committee shall determine the amount of accruals to be awarded for employees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requestor basis. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals.and shall be treated as regular sick leave accruals. To receive credits under this plan, an employee must have permanent status, must have exhausted all time off accruals to a level below eight (8) hours total, have applied for a medical leave of absence and have medical verification of need. AFSCME Local 2700 -32- 2005-2008 MOU SECTION 16 - STATE DISABILITY INSURANCE (SDI) Donations are irrevocable unless the donation to the eligible employee is denied. Donations may be made in hourly blocks with a minimum donation of not less than four (4) hours from balances in the vacation, holiday, floating holiday, compensatory time, or holiday compensatory time accounts. Employees who elect to donate to a specific individual shall have seventy-five percent (75%) of their donation credited to the individual and twenty-five percent (25%) credited to the Catastrophic Leave Bank. Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis. All computations will be on a standard 173.33 basis, except that employees on other than a forty (40) hour week will have hours prorated according to their status. Any recipient will be limited to a total of 1040 hours or its equivalent per catastrophic event; each donor will be limited to 120 hours per calendar year. No element of this plan is grievable. All appeals from either a donor or recipient will be resolved on a final basis by the Human Resources Director. 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 (6) months. The committee will be entitled to limit benefits in accordance with available contributions and to choose from among eligible applicants, on an anonymous basis, those who will receive benefits, except for hours donated to a specific employee. In the event a donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria, the donating employee may authorize the hours to be donated to the bank or returned to the donor's account. The donating employee will have fourteen (14) calendar days from notification to submit his/her decision regarding the status of their donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank. Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. SECTION 16 -STATE DISABILITY INSURANCE (SDI) Effective July 1, 1994, the County will begin a six-month pilot program for employees eligible for State Disability benefits. At the end of the six (6) month pilot program, the County will meet and confer to evaluate whether the plan will be continued. Employees eligible for SDI benefits will be required to make application for SDI benefits and to have those benefits integrated with the use of.their sick leave accruals on the following basis: 16.1 General Provisions. The California SDI program provides disability benefits beginning on the eighth (8) calendar day of a qualifying disability. The maximum period of state disability payments is up to one year. Determination of SDI payments and eligibility to receive payments is at the sole discretion of the State of California. Integration means that employees will be required to use sick leave accruals to supplement the difference between the amount of the SDI payment and the employee's base monthly salary. Integration of sick leave with the SDI benefit is automatic and cannot be waived. Integration applies to all SDI benefits paid. For employees off on SDI, the department will make appropriate integration adjustments, including retroactive. adjustments if necessary. Employees must inform their department of hospitalization in a timely manner in order for the department to make appropriate integration.adjustments. .AFSCME Local 2700 -33- 2005-2008 MOU SECTION 16 - STATE DISABILITY INSURANCE (SDI) State Disability benefit payments will be sent directly to the employees at their home address by the State of California. When there are insufficient sick leave accruals available to fully supplement .the difference between the SDI payment and the employee's base monthly salary,. accruals other than sick leave may be used. These accruals may be used only to the extent that total payments do not exceed the employee's base monthly salary. 16.2 Procedures. Employees with more than 1.2 hours of sick leave accruals at the beginning of the.,disability integration period must integrate their sick leave accrual usage with their SDI benefit to the maximum extent possible., When employees have 1.2 hours or less of sick leave accruals at the beginning of the disability integration period; the department shall automatically use 0.1 hour of sick leave per month for the duration of their SDI benefit. When sick leave accruals are totally exhausted, integration with the SDI benefit terminates. An employee may use any other accruals without reference to or integration with the SDI benefit. When the SDI benefit is exhausted, sick leave integration terminates. Then the employee may use sick leave or other accruals. Employees with no sick leave balance at the beginning of the disability integration period may use any other accruals without reference to or integration with the SDI benefit. Employees whose SDI claims are denied must present a copy of their claim denial to their department. The department will then authorize use of unused sick leave and shall authorize the use of other accruals as appropriate. Employees may contact the Human Resources Department, Benefits Division, for assistance in resolving problems. 16.3 Method of Integration. Until an employee has a balance of 1.2 hours of sick leave, the employee's sick leave accrual charges while receiving SDI benefits shall be calculated each month. The amount of sick leave charged each employee will be calculated in the following manner: The percentage of base monthly salary not covered by the SDI benefit will be applied to the daily hours in the employee's schedule and that number,of sick leave hours will be charged against the employee's sick leave accruals. For purposes of integration with the SDI program, all full time employees' schedules will be converted to 8-hour/5-day weekly work schedules during the period of integration. The formula for full time employees' sick leave integration charges is shown below: .L = [(S-D) ) S] x 8 S = Employee Base Monthly Salary H = Estimated Highest, Quarter (3-mos) Earnings [H = S x 3] W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table C = Calendar Days in each Month D Estimated Monthly SDI Benefit [D = (W) 7) x C] L = Sick Leave Charged per Day AFSCME Local 2700 -34-' 2005-2008MOU SECTION 17 - WORKERS' COMPENSATION Permanent part-time, permanent-intermittent employees, and those full time employees working a light/limited duty reduced schedule program shall have their sick leave integration adjusted accordingly. 16.4 Definition. "Base Monthly Salary" for purposes of sick leave integration is defined as the salary amount for the employee's step on the salary schedule for the employee's permanent classification as shown in the "Salary" field on the On-Line Payroll Time Reporting System used by departments for payroll reporting purposes. 16.5 Conversion to the New SDI Program. For all employees receiving SDI benefits prior to July 1, 1994, conversion to the new SDI program operated by departmental payroll staff will be coordinated by the Personnel Department, Benefits Division. All employee SDI benefit checks received in the Personnel Department and signed over to the County by June 30, 1994, will be deposited and used to buy back the employee's sick leave, with sick leave credits appearing on the July 10th pay warrants insofar as possible. All Employee SDI benefit checks received, but not signed over to the County, by June 30, 1994, will be returned to the employee. All employee SDI benefit checks received after June 30, 1994, will be returned to the employee. In both these situations, no sick leave buy back will be made, regardless of the calendar period to which the benefit checks pertain. Program transfer to departmental payroll staff will be effective July 1, 1994 for the month of July with the first computation of SDI benefits and integration with sick leave under the new program made on the August 10, 1994 pay warrants covering the July 1994 payroll period. SECTION 17 -WORKERS' COMPENSATION A permanent non-safety employee shall continue to receive eighty-seven percent (87%) of regular monthly salary for all accepted claims filed before January 1, 2000. For all accepted claims filed with the County on or after January 1, 2000, the percentage of pay for employees entitled to Workers' Compensation shall be decreased from eighty-seven percent (87%) to eighty-six percent (86%). For all accepted claims filed with the County on or after January 1, 2007, the percentage of regular monthly salary for employees entitled to Workers' Compensation shall be decreased from 86% to 80%. For all accepted claims filed with the County on or after January 1, 2008, the percentage of regular monthly salary for employees entitled to Workers' Compensation shall be decreased from 80% to 75%. If Workers' Compensation becomes taxable, the County agrees to restore the original benefit level (100% of monthly salary) and the parties shall meet and confer with respect to funding the increased cost. A. Waiting Period. There is a three (3) 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 date of injury, the waiting period will be the first three (3) calendar days the employee does not work as a result of the injury. The time the employee is scheduled to work during this waiting period will be charged to the employee's sick leave and/or vacation accruals. In order to qualify for Workers' Compensation the employee must be under the care of a physician. Temporary compensation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds fourteen (14) days. B. Continuing Pay. Permanent employees shall continue to receive the appropriate percent as outlined above of their regular monthly salary during any period of compensable temporary disability not to exceed one year. Payment of continuing AFSCME Local 2700 -35- 2005-2008 MOU SECTION 17- WORKERS' COMPENSATION pay and/or temporary disability compensation shall be made in accordance with Part 2, Article 3 of the Workers' Compensation Laws of California. "Compensable temporary disability absence" for the purpose of this Section, is any absence due to work connected disability which qualifies for temporary disability compensation as set forth in.Part 2, Article 3 of the Workers' Compensation Laws of California. When any disability.,becomes medically permanent and stationary and/or reaches maximum medical improvement, the salary provided in this Section shall terminate. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which continuing pay is received. Employees shall be entitled to a maximum of one (1) year of continuing pay benefits for any one injury or illness. C. Continuing pay begins at the same time that temporary Workers' Compensation benefits commence and continues until either the member is declared medically permanent/stationary and/or reaches maximum medical improvement, or until one (1) year of continuing pay, whichever comes first provided the employee remains in an active employed status. Continuing pay is automatically terminated on the date an employee is separated from County service by resignation, retirement; layoff, or the employee is no longer employed by the County. In these instances, employees will be paid Workers' Compensation benefits as prescribed by Workers' Compensation laws. All continuing pay will be cleared through the County Administrator's Office, Risk Management Division. Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working hours the employee shall be allowed time off up to three (3) hours for such treatment without loss of pay or benefits provided the employee notifies his/her supervisor of the appointment at least three (3) working days prior to the appointment or as soon as the employee becomes aware the appointment has been made. 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. D. Full Pay Beyond One Year. If an injured employee remains eligible for temporary disability beyond one year, the employee's applicable salary will continue by integrating sick leave and/or vacation accruals with Workers' Compensation benefits. If salary integration is no longer available, Workers' Compensation benefits will be paid directly to the employee as prescribed by Workers' Compensation laws. E. Rehabilitation Integration. An injured employee who is eligible for Workers' Compensation Rehabilitation Temporary Disability benefits and whose disability is medically . permanent and stationary and/or reaches maximum medical improvement, will continue to receive his/her applicable salary by integrating sick leave and/or vacation accruals with Workers' Compensation Rehabilitation Temporary Disability benefits until those accruals are exhausted. Thereafter, the Rehabilitation Temporary Disability benefits will be paid directly to the employee. F. Health Insurance. The County contribution to the employee's group insurance plan(s) continues during the continuing pay period and during integration of sick leave or vacation with Workers' Compensation benefits. AFSCME Local 2700 -36- 2005-2008 MOU S = Monthly salary G. Method of Integration. An employee's sick leave and/or vacation charges shall be calculated as follows: C = 8 [1 - (W= S)] C = Sick leave or vacation charge per day (in hours) W = Statutory Workers' Compensation for a month S = Monthly salary SECTION 18 - LEAVE OF ABSENCE 18.1 Leave Without Pay. Any employee who has permanent status may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions, and family care shall be granted in accordance with applicable state and federal law. 18.2 General Administration - Leaves of Absence. Requests for leave without pay shall be made upon forms prescribed by the Human Resources Director and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1. Illness or disability; 2. pregnancy; 3. parental; . 4. to take a course of study such as will increase the employee's usefulness on return to the position. 5. for other reasons or circumstances acceptable to the appointing authority. B. An employee must request family care leave at least thirty (30) days before the leave is to begin if the need for the leave is foreseeable. If the need is not foreseeable, the employee must provide written notice to the employer within five (5) days of learning of the event by which the need for family care leave arises. C. A leave without pay may be for a period not to exceed one (1) year, provided the appointing authority may extend such leave for additional periods. The procedure in granting extensions shall be the same as that in granting the original leave, provided that the request for extension must be made not later than thirty (30) calendar days before the expiration of the original leave. D. Nevertheless, a leave of absence for the employee's serious health condition or for family care (FMLA) shall be granted to an employee who so requests it for up to eighteen (18) weeks during a "rolling" twelve (12) month period measured backward from the date the employee uses his/her FMLA leave in accordance with Section 18.5 below. . E. Whenever an employee who has been granted a leave without any pay desires to return before the expiration of such leave, the employee shall submit a request to the appointing authority in writing at least fifteen (15) days in advance of the AFSCME Local 2700 -37- 2005-2008 MOU SECTION 18 - LEAVE OF ABSENCE 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 on granting or denying leave or early return from leave shall be subject to appeal to the Human Resources Director and not subject to appeal through the grievance procedure set forth in this MOU. 18.3 Furlough Days Without Pay. Subject to the prior written approval of the appointing authority, employees may elect to take furlough days or hours without pay (pre- authorized absence without pay), up to a maximum of fifteen (15) calendar days for any one period. Longer pre-authorized absences without pay are considered leaves of absence without pay. Employees who take furlough time shall have their compensation for the portion of the month worked computed in accord with Section 5.8 (Compensation for Portion of Month) of this MOU. Full time and part-time employees who take furlough time shall have their vacation, sick leave, floating holiday, and any other payroll computed accruals computed as though they had worked the furlough time. When computing vacation sick leave, floating holiday, and other accrual credits for employees taking furlough time, this provision shall supersede Section 12.1, 13.1, 13.3, and 14.2 of this MOU regarding. the computation of vacation, sick leave, floating holiday, and other accrual credits as regards furlough time only. For payroll purposes, furlough time (absence without pay with prior authorization of the appointing authority) shall be reported separately from other absences without pay to the Auditor-Controller. The existing VTO program shall be continued for the life of the contract. 18.4 Military Leave. Any employee who is ordered to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof shall be granted a military leave for the period of such service, plus ninety (90) days. Additionally, any employee who volunteers for service during a mobilization under Executive Order of the President or Congress of the United States and/or the State Governor in time of emergency shall be granted a leave of absence in accordance with applicable federal or state laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. An employee who has been granted a military leave shall not, by reason of such absence, suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the Human Resources Director may deem necessary. 18.5 Family Care Leave or Medical. Leave. Upon request to the appointing authority, in a "rolling" twelve (12) month period measured backward from the date the employee uses his/her FMLA leave, any employee who has permanent status shall be entitled to at least eighteen (18) weeks leave (less if so requested by the employee) for: AFSCME Local 2700 -38- 2005-2008 MOU SECTION 18 - LEAVE OF ABSENCE A. medical leave of absence for the employee's own serious health condition which makes the employee unable to perform the functions of the employee's position; or B. family care leave of absence without pay for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. 18.6 Certification. The employee may be asked to provide certification of the need for family care leave or medical leave. Additional period(s) of family care or medical leave may be granted by the appointing authority. 18.7 Intermittent Use of Leave. The eighteen (18) week entitlement may be in broken periods, intermittently on a regular or irregular basis, or may include reduced work schedules depending on the specific circumstances and situations surrounding the request for leave. The eighteen (18) week 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 18.12 below. When paid leave accruals are used for a medical or family care leave, such time shall be counted as a part of the eighteen (18) week entitlement. 18.8 Aggregate Use for Spouses. In the situation where husband and wife are both employed by the County, the family care of medical leave entitlement based on the birth, adoption or foster care of a child is limited to an aggregate for both employees together of eighteen (18) weeks during a "rolling" twelve (12) month period measured backward from the date the employee uses his/her FMLA leave. Employees requesting family care leave are required to advise their appointing authority(ies) when their spouse is also employed by the County. 18.9 Definitions. For medical and family care leaves of absence under this section, the following definitions apply: a. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child who is under eighteen (18) years of age for whom an employee stands in loco parentis or for whom the employee is the guardian or conservator, or an adult dependent child of the employee. b. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian, conservator, or other person standing in loco parentis to a child. C. Spouse: A partner in marriage as defined in California Civil Code Section 4100. d. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom the employee is not related and with whom the employee resides and shares the common necessities of life. e. Serious Health Condition: An.illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves either inpatient care in a hospital, hospice or residential health care facility or continuing treatment or continuing supervision by a health care provider (e.g. physician or surgeon) as defined by state and federal law. AFSCME Local 2700 -39- 2005-2008 MOU SECTION 18 - LEAVE OF ABSENCE f. Certification for Family Care Leave: A written communication to the employer from a health care provider of a person for whose care the leave is being taken which need not identify the serious health condition involved, but shall contain: 1. the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. an estimate of the amount of time which the employee needs to render care or supervision; 4. a statement that the serious health condition warrants the participation of a family member to provide care during period of treatment or supervision; 5. if for intermittent leave or a reduced work schedule leave, the certification should indicate that the intermittent leave or reduced leave schedule is necessary for the care of the individual or will assist in their recovery, and its expected duration. g. Certification for Family Medical Leave: A written communication from a health care provider of an employee with a serious health condition or illness to the employer, which need not identify the serious health condition involved, but shall contain: 1. the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employee's job; 4. if for intermittent leave or a-reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule and its expected duration. h. Comparable Positions: A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave. Ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co-workers, supervisor(s), or other staffing may have changed during an employee's leave. 18.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under Section 14.3.D - Sick Leave Utilization for Pregnancy Disability, that time will not be considered a part of the eighteen (18) week family care leave period. 18.11 Group Health Plan Coverage. Employees who were 'members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the County contribution by maintaining their employment.in pay status as described in Section 14.3.D — Sick Leave Utilization for Pregnancy Disability. During the eighteen (18) weeks of an approved medical or family care leave under Section 18.5 above, the County will continue its contribution for.such health plan coverage even if accruals are not available for use to maintain pay status as required under Section 18.12. In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain AFSCME Local 2700 -40- 2005-2008 MOU SECTION 18 - LEAVE OF ABSENCE their group health plan coverage, either through payroll deduction or by paying the County directly. 18.12 Leave Without Pay - Use of Accruals. A. All Leaves of Absence. During the first twelve (12) month period of any leave of absence without pay, an employee may elect to maintain pay status each month by using available sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements; in other words, during the first twelve (12) months, a leave of absence without pay may be "broken" into segments and accruals used on a monthly basis at the employee's discretion. After the first twelve (12) months, the leave period may not be "broken" into segments and accruals may not be used, except when required by LTD Benefit Coordination or SDI/Sick Leave Integration or as provided in the sections below. B. Family Care or Medical Leave (FMLA). During the eighteen (18) weeks of an approved medical or family care leave, if a portion of that leave will be on a leave of absence without pay, the employee will be required to use at least 0.1 hour of sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid Sick Leave), vacation floating holiday, compensatory time off or other accruals or entitlements if.such are available, although use of additional accruals is permitted under subsection A. above. C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible employee who files an LTD claim and concurrently takes a leave of absence without pay will be required to use accruals as provided in Section B herein during the eighteen (18) weeks entitlement period of a medical leave specified above. If an eligible employee continues beyond the eighteen (18) weeks entitlement period on a concurrent leave of absence/LTD claim, the employee may choose to maintain further pay status only as allowed under subsection A. herein. D. Sick leave accruals may not be used during any leave of absence, except as allowed under Section 14.3 - Policies Governing the Use of Paid Sick Leave. 18.13 Leave of Absence Replacement and Reinstatement.Any permanent employee who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to a position in that classification and department and then only on the basis of seniority. In case of severance from service by reason of the reinstatement of a permanent employee, the provisions of Section 11 - Seniority, Workforce Reduction, Layoff& Reassignment shall apply. 18.14 Reinstatement From Family Care Medical Leave. In the case of a family care or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or comparable position if the return to work is after no more than ninety (90) work days of leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a full schedule is after no more than 720 hours, including use of accruals, of intermittent or reduced schedule leave. At the time the original leave is approved, the appointing authority shall notify the employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee AFSCME Local 2700 -41- 2005-2008 MOU SECTION 19 - JURY DUTY AND WITNESS DUTY on a schedule other than 5/40 shall have the time .frame-for reinstatement-to the same or comparable position adjusted on a pro rata basis. 18.15 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year, shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. 18.16 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.. 18.17 Non-Exclusivity. Other MOU language on this subject, not in conflict with this MOU, shall remain in effect. SECTION 19 -JURY DUTY AND WITNESS DUTY 19.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an employee is obligated to report to the court. When called for jury duty, County employees, like other citizens, are expected to discharge their jury duty responsibilities. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. If summoned for jury duty in a Superior, Federal Court, or a Coroner's jury,, employees may remain in their regular County pay status, or they may take paid leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses paid to them. When an employee is summoned for jury duty selection or is selected as a juror in a Superior or Federal Court, employees may remain in a regular pay status if they waive all fees (other than mileage), regardless of shift assignment and the following shall apply: a. If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where it will be retained as a department record. No "Absence/Overtime Record" is required. b. An employee who elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. No court certificate is required but an "Absence/Overtime Record" must be submitted to the department payroll clerk. Employees are not permitted to engage in any employment regardless of.shift assignment or occupation before or after daily jury service that would affect their ability to properly serve as jurors. An employee on short notice standby to report to court, whose job duties make short notice response impossible or impractical, shall be given alternate work assignments for those days to enable them to respond to the court on short notice. AFSCME Local 2700 -42- 2005-2008-MOU SECTION 20 - HEALTH, LIFE & DENTAL CARE 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 9/80-4/10 work schedules will not receive overtime or comp. 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. 19.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses/ paid to them, other than mileage allowance, or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth in Section 19 of this MOU. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Permanent-intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. SECTION 20 :HEALTH, LIFE & DENTAL CARE 20.1 County Programs. The County will continue to offer existing County Group Benefit Programs of medical, dental and life insurance coverage to all permanent employees regularly scheduled to work twenty (20)'or more hours per week as described in Attachment E of the current agreement. 20.2 Rate Information. The County Benefits Division will make health and dental plan rate information available upon request to employees and departments. In addition, the County Benefits Division will publish and distribute to employees and departments information about rate changes as they occur during the year. 20.3 Medicare Rates. Corresponding Medicare rates for employees covered under this MOU shall be as follows: for Employee Only on Medicare by taking the Employee Only rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with one member on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with two members on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for two enrollees. 20.4 Partial Month. The County's contribution to the Health Plan premium is payable for any month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller. The responsibility for this payment rests with the employee. If payment is not made, the employee shall be dropped from the health plan. An employee is thus'covered by the health plan for the month in which compensation is paid. AFSCME Local 2700 -43- 2005-2008 MOU SECTION 20 HEALTH, LIFE & DENTAL CARE 20.5 Coverage During Absences. An employee on approved leave shall be allowed to continue his/her health plan coverage at the County group rate for twelve (12) months provided that the employee shall pay the entire premium for the Health Plan during said leave.; An employee on leave in excess of twelve (12) months may continue; health plan coverage by .converting to an individual health plan option (if available) or continuing 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 ata place and time specified by the County. Late payment may result in cancellation of health plan coverage with no reinstatement allowed. An employee :who terminates County employment may convert to individual health plan coverage, if available, or may continue County group health plan coverage to the extent provided under COBRA by making premium payments to the County at a time and place specified by the County. 20.6 Retirement Coverage. Upon retirement, employees may remain in the same County group medical plan if immediately before their retirement they are either active subscribers to one.of the County Health Plans or if on authorized leave of absence without pay they have retained their membership by either continuing to pay their monthly premium to the County by the deadlines established by the County or converting l'to individual conversion membership from the County plan through the medical plan carrier, if available. All employees hired on or after the date this provision is adopted and implemented by the Board of Supervisors, will be eligible for Retiree Health Coverage pursuant to the terms outlined above, upon, completion of fifteen .(15) years of service with Contra Costa .County. For purposes of retiree health eligibility, a year of service shall be defined as one thousand (1,000) hours worked within an anniversary year. The existing method of crediting service while an employee is on an approved leave of absence will continue during the term of this agreement. 20.7 Dual Coverage. If a husband and wife both work for the County and one of them is laid off, the remaining eligible shall be allowed to enroll or transfer into the health coverage combination of his/her choice. An eligible employee who is no longer covered .for medical or dental coverage through a, spouse's coverage shall be allowed to enroll or transfer into the health;coverage combination of his/her choice within thirty (30) days of the date coverage is no longer afforded under the spouse's plan. 20.8 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. 20.9 Health Care Spending Account. The County will offer regular full-time and part- time (20/40 or greater) County employees the option to participate in a Health Care Spending Account (HCSA) Program designed to qualify for,tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a..pre-determined amount of money from their paycheck, not to exceed $3000 per year, for health care expenses not reimbursed by any other health benefits plan with before tax dollars. Effective January 1, 2007, this amount shall be increased to $4500 per year. Effective January 1, 2008, this amount shall be increased to $5000 per year. HCSA dollars can be expended on any eligible medical expenses-allowed by Internal Revenue Code Section.125. Any unused balance cannot be recovered by the employee. AFSCME Local 2700 -44- 2005-2008 MOU SECTION 20 - HEALTH, LIFE & DENTAL CARE 20.10 PERS Long Term Care. The County proposes to deduct and remit monthly premium and eligible lists to the PERS Long Term Care Administrator, at no County administrative cost, for County employees who are eligible and voluntarily elect to purchase long term care through the PERS Long Term Care Program. The County further agrees that County employees interested in purchasing PERS Long Term Care may participate in meetings scheduled by PERS Long Term Care in County facilities during non-work hours. (i.e.: coffee breaks, lunch hour). 20.11 Deferred Retirement. Employees who resign and file for a deferred retirement may continue in their County group health and dental plan; the following conditions and limitations apply: a. Life insurance coverage is not included. b. To be eligible to continue health and dental coverage, the employee must: 1. be qualified for a deferred retirement under the 1937 Retirement Act provisions. 2. be an active member of a County group health and/or dental plan at the time of filing their deferred retirement application and elect to continue health benefits. 3. be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty-four (24) months of their application for deferred retirement. 4. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty (30) days before their separation from county service. C. Deferred retirees who elect continued health benefits hereunder may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement at their full personal expense, by paying the full premium for their health and dental coverage on or before the 11th of each month to the Auditor-Controller. When they begin to receive retirement benefits, they will qualify for the same health and/or dental plan coverage and county subvention to which retirees who did not defer retirement are entitled. d. Deferred retirees who elect continued health benefits hereunder may elect not to maintain participation in their county health and/or dental plan during their deferred retirement period; and may instead qualify for the same coverage and county subvention in any County health and/or dental plan when they begin to receive retirement benefits as retirees who did not defer retirement are entitled; provided reinstatement to a County group health and/or dental plan with county subvention occurs no sooner than the first of the month following a full three (3). calendar month waiting period after the commencement .of their monthly allowance. e. Eligibility for County subvention will not exist hereunder unless and until the member draws a monthly retirement allowance within not more than twenty-four (24) months after separation from County service. AFSCME Local 2700 -45- 2005-2008 MOU SECTION 21 - PROBATIONARY PERIOD f. Deferred. retirees are required . to meet the same eligibility provisions for health/dental plans as active/retired employees. SECTION 21 - PROBATIONARY PERIOD 21.1 Duration. All appointments from officially promulgated employment lists for original entrance or promotion shall be subject to a probationary period. For original entrance appointments, the probationary period shall be from nine (9) months to two (2) years duration. For promotional appointments, the probation period shall be from six (6) months to two (2) years duration. 21.2 Revised Probationary Period. When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 21.3 Criteria. The probationary period shall date from the time of appointment to a permanent position after certification from an eligible list. It shall not include time served under provisional appointment or under appointment to limited term positions or any period of continuous leave of absence without pay or period of work connected disability exceeding fifteen (15) calendar days. For those employees appointed to permanent-intermittent positions with a nine (9) month probation period, probation will be considered completed upon serving fifteen hundred (1500) hours after appointment except that in no instance will this period be less than nine (9) calendar months from the beginning of probation. If a permanent-intermittent probationary employee is reassigned to full time, credit toward probation completion in the full time position shall be prorated on the basis of one hundred seventy-three (173) hours per month. 21.4 Rejection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. A. Appeal From Rejection. Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based on political, or religious, or union activities, or race, color, national origin, sex, age, disability, or sexual orientation. B. The appeal must be written, must be signed by the employee and set forth the grounds and facts -by which it is claimed that grounds for appeal exist under Subsection A and must be filed through the Human Resources Director to the Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may.. have been based on grounds prohibited in Subsection A, it may refer the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the.Merit Board rules in.which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If, after hearing, the Merit Board upholds the appeal, it shall direct. that the appellant be reinstated in the position and the` appellant shall begin a new AFSCME'Local 2700 -46- 2005-2008 MO.0 SECTION 21 - PROBATIONARY PERIOD probationary period unless the Merit Board specifically reinstates the former period. 21.5 Regular Appointment. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the Human Resources Director receive from the appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee is recommended for permanent appointment. A probationary employee may be rejected at any time during the probation period without regard to the Skelly provisions of this MOU, without notice and without right of appeal or hearing except as provided in Section 21 A.A. If the appointing authority has not returned the probation report, a probationary employee may be rejected from the service within a reasonable time after the probation period for failure to pass probation. The appointing authority shall attempt to give a probationary employee five (5) days notice of said rejection. If the appointing authority fails to submit in a timely manner the proper written documents certifying that a probationary employee has served in a satisfactory manner and later acknowledges it was his or her intention to do so, the regular appointment shall begin on the day following the end of the probationary period. Notwithstanding any other provisions of the MOU, an employee rejected during the probation period from a position in the Merit System to which the employee had been promoted or transferred from an eligible list, shall be restored to a position in the department from which the employee was promoted or transferred. An employee dismissed for other than disciplinary reasons within six (6) months after being promoted or transferred from a position in the Merit System to a position not included in the Merit System shall be restored to a position in the classification in the department from which the employee was promoted or transferred. : A probationary employee who has been rejected or has resigned during probation shall not be restored to the eligible list from which the employee was certified unless the employee receives the affirmative recommendation from the appointing authority and is certified by the Human Resources Director whose decision is final. The Human Resources Director shall not certify the name of a person restored to the eligible list to the same appointing authority by whom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 21.6 Layoff During Probation. An employee who is laid off during probation, if reemployed in the same class by the same department, shall be required to complete only the balance of the required probation. If reemployed in another department or in another classification, the employee shall serve a full probationary period. An employee appointed to a permanent position from a layoff or reemployment list is subject to a probation period if the position is in a department other than the department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 21.7 Resection During Probation of Layoff Employee. An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within the period of layoff eligibility. The employee AFSCME Local 2700 -47- 2005-2008 MOU SECTION 22 - PROMOTION shall begin.a new probation period if subsequently certified and appointed in a different department or classification than that from which the employee was laid off. SECTION 22 - PROMOTION 22.1 Competitive Exam. Promotion shall be by competitive examination unless otherwise provided in this MOU. 22.2 Promotion Policy. The Human Resources Director, upon;request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 22.3 Open Exams. If an examination for one of the classes represented by the Union;is proposed to be announced on an open only basis, the Human Resources Director shall give five (5) days prior notice of such proposed announcement and shall meet at the request of the Union to discuss the reasons for such open announcement. 22.4 Promotion Via Reclassification Without Exam. Notwithstanding other provisions of this Section, an employee may be promoted from one classification to a higher.classification and his/her position reclassified at the request of the appointing authority and under the following conditions: a. An evaluation of the position(s) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. b. The incumbent of the position must have performed at the higher level for one (1) year. C. The incumbent must meet the minimum education and experience requirements for the higher class. d. > The action must have approval of the Human Resources Director. e. The Union approves such action. f. Except in unique situations approved by the Human 'Resources Director, the employee must have passed the examination, if any, for the classification and be on the eligible list. The appropriate rules regarding probationary status and salaryon promotion are applicable. 22.5 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the Merit System and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. if an employee who is qualified on a promotional employment list is separated from the Merit System, except by layoff, the employee's name shall be removed from the promotional list. 22:6 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of seventy percent (70%) or more shall receive, in addition to all other credits, five one-hundredths of one percent (.05%) for each completed month of service as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, AFSCME Local 2700 -48- 2005-2008 MOU SECTION 23 - TRANSFER however, shall receive more than a total of five percent (5%) credit for seniority in any promotional examination. 22.7 Denial of Review. The department will make every effort to submit all departmentally approved requests for clerical deep class reassignment to the Human Resources Department (accompanied by all required documentation) within ninety (90) days after receipt of the employee's request. If the department is unable to meet this timeline, the employee will be notified and provided with an anticipated completion date. If a department denies an employee's request for reclassification or reassignment to a higher (not flexibly staffed) level in a deep class or to other classes represented by the Union, upon request of the Union, the denial will be reviewed by the Human Resources Director and appointing authority. The decision of the Human Resources Director shall be given to the Union in writing within sixty (60) days of the request of the review. 22.8 Release Time for Examinations. Permanent employees shall be granted release time from work without loss of pay to take County examinations or take interviews for a County position provided the employee gives the Department sufficient notice of the need for time off. Managers conducting interviews should provide an adequate and appropriate schedule for the interview to ensure that any operational impact that may be caused by an employee's absence to attend the interview will be minimized. SECTION 23 -TRANSFER 23.1 Transfer Conditions. The following conditions are required in order to qualify for transfer: a. The position shall be in the same class, or if in a different class shall have been determined by the Human Resources Director to be appropriate for transfer on the basis of minimum qualifications and qualifying procedure; b. the employee shall have permanent status in the Merit System and shall be in good standing; C. the appointing authority or authorities involved in the transaction shall have indicated their agreement in writing; d. the employee concerned shall have indicated agreement to the change in writing; e. the Human, Resources Director shall have approved the change. Notwithstanding the foregoing, transfer may also be accomplished through the regular appointment procedure provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. When an employee's name is added to the Transfer List, the County will provide that employee with a copy of the Transfer List on which his/her name appears. 23.2 Transfer Policy. Any employee or appointing authority who desires to initiate a transfer may inform the Human Resources Director in writing of such desire stating the reasons therefore. The Human Resources Director shall, if he or she considers that the reasons are adequate and that the transfer will be for the good of the County service and the parties involved, inform the appointing authority or authorities concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. AFSCME Local 2700 -49- 2005-2008 MOU SECTION 23 - TRANSFER The County will update the Departmental Contact List within ninety (90)-days of approval by the Board of Supervisors of the 2005-2008 Memoranda of Understanding and annually the The County will place Bid Notice summaries on E-Mail and/or the County's website so that employees may inquire about promotional/transfer opportunities. Each department will continue to provide copies of all Bid Notices within their department to the union. It is the responsibility of employees to contact County departments and inform them of their desire to transfer. County departments may, but are not required to maintain an ongoing list of employees interested in transferring when a position becomes available. Employees who transfer from:one department to another shall serve a three (3) month probationary period. Provisions of this section do not apply to transfers from eligible lists. 23.3 Transfer Procedure. The Human Resources Director will send a list of employees interested in a transfer to departments with each certification (referral) from an employment list for a vacant position. The appointing authority will review the transfer list and may contact employees interested in a transfer. In the case ofvacant positions at the Clerk-Senior and Specialist levels, Secretary-Advanced Level, and Account Clerk-Advanced level where the deep class resolution requires notification/posting of the vacancy and interview of interested "bidders" , within a department, the appointing authority may request from the Human Resources Director a referral from the transfer list of employees who have indicated an interest in such a transfer. The appointing authority may contact the employees interested in-a transfer and. may choose to interview them in relation to the vacancy. The decision of the appointing authority is final. Upon receipt of the proper documents and in accordance with Sections 23.1 and 23.2, employees will be eligible for transfer upon receipt of approval of the Human Resources Director. Nothing in this section limits the ability of individuals to express their interest in a transfer without having first made a transfer application or restricts an appointing authority from making a transfer appointment of such an individual. 23.4 Reassignment of Work Location.,Employees desirous of reassignment to a position in the same classification at another.work location shall submit a request for reassignment in writing to the Department Head. When openings occur in various work locations, requests for reassignment will be reviewed with consideration given to various factors including but not limited to distance of employee's residence from desired work location and relative length of service of the applicants for a particular location. The Department Head or designated representative shall make the sole determination as to assignment of personnel, except as otherwise provided in the supplemental sections of this MOU. This provision applies to intradepartmental reassignments only. In no event shall reassignments be utilized for disciplinary purposes. 23.5 Departmental Transfer Agreements. The agreements between the Union and the Probation Department, Employment & Human Services Department, Sheriffs Department and Health Services Department concerning transfer procedures for clerical workers covered by this MOU shall remain in full force and effect during the duration of this Agreement. 23.6 Transfer Without Examination. With the approval of the appropriate appointing authority/authorities and the consent of the employee, the Human Resources Director may transfer an employee from one job classification to another job classification without examination under the following conditions: a. The duties and responsibilities of the position from which the employee is being transferred are within the occupational area or directly associated with the duties and responsibilities of the position to which the employee is being transferred. . b. The employee must possess the minimum qualifications for the job classification to which the employee is being transferred. AFSCME Local 2700 -50- 2005-2008 MOU SECTION 24 — RESIGNATIONS C. The employee must serve the probationary period required for the classification into which the employee is being transferred. d. An employee rejected during the probationary period or who resigns during the probationary period for other than disciplinary reasons shall have the right at that time to be restored to a position in the classification in the department from which the employee was transferred. SECTION 24— RESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. Oral resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the Human Resources Department and shall indicate the effective date of termination. 24.1 Resignation in Good Standing. A resignation giving the appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 24.2 Constructive Resignation. A constructive resignation occurs and is effective when: a. An employee has been absent from duty for five (5) consecutive working days without leave; and b. Five (5) more consecutive working days have elapsed without response by employee after the mailing of a notice of resignation by the appointing authority to the employee at the employee's last known address. 24.3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative either on that date or another date specified. 24.4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority. 24.5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice on the 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 pay. C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Human Resources Director waiving the employee's right of appeal to the Merit Board in favor of the AFSCME Local 2700 -51- 2005-2008 MOU SECTION 25 -DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION. employee's appeal rights under the grievance procedure contained in Section 26 - Grievance Procedure of the MOU beginning with Step 3. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall•be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. 24.6 Eligibility for Reemployment. Within one (1) year of resignation in good standing from County service, a person who has had permanent status which included satisfactory completion of probation may make application by letter to the Human- Resources Director for placement on 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 person 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 person resigned recommends reemployment the Human. Resources Director shall grant reemployment privileges to the person. Consideration of names from a reemployment list is mandatory if the appointing authority recommended reemployment of the individual(s) listed but is optional for other appointing authorities. Names may be removed from.reemployment lists in accordance with the provisions of Section 11.2(J) — Separation Through Layoff of this MOU. SECTION 25 -DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION 25.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend, temporarily reduce pay, or demote any employee for cause. A temporary reduction in pay is not to exceed more than five percent (5%) for a period of up to three (3) months. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal, suspension, temporary reduction in pay, or demotion may be based on reasons other. than those specifically mentioned: a. absence without leave, b. conviction of any criminal act involving moral turpitude, C. conduct tending to bring the Merit System into disrepute,` d. disorderly or immoral conduct, e. incompetence or inefficiency, f. insubordination, g.' being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises, h. neglect of duty, i.e. non-performance of assigned responsibilities, L negligent or willful damage to public property or waste of public supplies or equipment, AFSCME Local 2700 -52- 2005-2008 MOU SECTION-25 -DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION j. violation of any lawful or reasonable regulation or order given by a supervisor or Department Head, k. willful violation of any of the provisions of the Merit System ordinance or Personnel Management Regulations, I. material and intentional misrepresentation or concealment of any fact in connection with obtaining employment, M. misappropriation of County funds or property, n: unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this MOU, o. dishonesty or theft, P. excessive or unexcused absenteeism and/or tardiness. q. sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. 25.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before taking a disciplinary action to dismiss; suspend for more than five (5) work days (four (4) work days for employees on 4-10 work week), temporarily reduce the pay of or demote an employee, the appointing authority shall cause to be served personally or by certified mail on the employee, a Notice of Proposed Action, which shall contain the following: a. A statement of the action proposed to be taken. b. A copy of the charges, including the acts or omissions and grounds upon which the action is based. C. If it is claimed that the employee has violated a rule or regulation of the County, department or district, a copy of said rule shall be included with the notice. d. A statement that the employee may review and request copies of materials upon which the proposed action is based. e. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. 25.3 Employee Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If,the employee's response is not filed within seven (7) calendar days or during any extension, the right to respond is lost. AFSCME Local 2700 -53 2005-2008 MOU SECTION 26 - GRIEVANCE PROCEDURE 25.4 Leave Pending Employee Response. Pending response to a Notice of Proposed Action within the first seven (7) calendar days'or extension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 25.5 Length of Suspension. Suspensions without pay shalt not exceed thirty (30) calendar days unless ordered by an arbitrator, an adjustment board or the Merit Board. 25.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay or Disciplinary Demotion. A. In any disciplinary action to dismiss, suspend, temporarily reduce pay, or demote an employee having permanent status in a position in the Merit System, after having complied with the Skelly requirements where applicable, the appointing authority-shall make an order in writing stating specifically the causes for the action. B. Service of Order. Said order of dismissal, suspension, temporary reduction of pay, 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 Order. The employee may appeal an order of dismissal, . suspension, temporary reduction of pay, or demotion either to the Merit Board or through the procedures of Section. 26 - Grievance Procedure of. this MOU provided that such appeal is filed in writing with the Human Resources Director within ten (10) calendar days after service of said order. An employee may not both appeal to the Merit Board and file a grievance under Section 26 of this MOU. 25.7 Weingarten Rights. The County recognizes an employee's right to representation during an investigatory interview or meeting that may result in discipline. The County shall not interfere with the representative's right to assist an employee to clarify the facts during the interview. If the employee requests a union representative, the investigatory interview shall be temporarily recessed for a reasonable period of time until a union representative can be present. For those interviews, which by nature of the incident must take place immediately, the union will take reasonable steps to make a union representative immediately available. The employer shall inform the employee of the general nature of the investigation at the time the employer directs the employee to be interviewed. SECTION 26 -GRIEVANCE PROCEDURE 26.1 Definition and Procedural Steps: A grievance is,any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any County official shall be final,-the interpretation or application of those provisions not being subject to the grievance procedure. . The Union may represent the.grievant at any stage of the process. Grievances must be filed .within thirty (30) calendar days of the incident or occurrence about which the claims to have a grievance and shall be processed in the following manner: Step 1. Any employee or group of employees who believes that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the grievant's immediate supervisor, who shall meet with the grievant within five (5) work days of receipt of a written.request to hold such meeting. Grievances challenging suspensions, AFSCME Local 2700 -54- 2005-2008 MOU SECTION 26 - GRIEVANCE PROCEDURE reductions in pay, demotions and terminations may be filed at Step 2 within the time frame set forth above. Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may submit the grievance in writing within ten (10) work days to such management official as the Department Head may designate. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied, how misapplication or misinterpretation has affected him or her to his or her detriment, and the redress he or she seeks. A copy of each written communication on a grievance shall be filed with the Human Resources Director. The Department Head or his or her designee shall have ten (10) work days in which to respond to the grievance in writing. Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the grievant may appeal in writing within ten (10) work days to the Human Resources Director. The Human Resources Director or his or her designee shall have'twenty (20) work days in which to investigate the merit of the complaint and to meet with the Department Head and the grievant and attempt to settle the grievance. Step 4. No grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 3 above and filed within ten (10) work days of the written response of the Human Resources Director or his/her designee. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, such grievance shall be submitted in writing to an Adjustment Board comprised of three (3) Union representatives, no more than two (2) of whom shall be either an employee of the County or an elected or appointed official of the Union presenting this grievance, and three (3) representatives of the County, no more than two (2) of whom shall be either an employee of the County or a member of the staff of an organization employed to represent the County in the meeting and conferring process. Where the parties agree, the Adjustment Board may be comprised of two (2) Union representatives and two (2) County representatives. The Adjustment Board shall meet within twenty (20) work days of receipt of the written request. If the County fails to meet the time limits specified in Step 4 and the grievant demands in writing that an Adjustment Board be convened, the County will convene an Adjustment Board within ten (10) work days or the 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 a majority decision, either the grievant (or the County, when alleging a violation of Section 26.6 below) may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the grievant'and`the Human Resources Director. Such request shall be submitted within twenty (20) work days of the rendering of the Adjustment Board decision. Within twenty (20) days of the request for arbitration the parties shall mutually select an arbitrator who shall render a decision within thirty (30) workdays from the date of final submission of the grievance including receipt of the court•reporter's transcript .and post-hearing briefs, if any. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the grievant and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any. 26.2 Scope of Adjustment Board &Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. AFSCME Local 2700 -55- 2005-2008 MOU SECTION 26 - GRIEVANCE PROCEDURE B. No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance asset forth.in Subsection 26.1 above. C. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall,not be arbitrable and no proposal to modify,.amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this. MOU or writtenagreements supplementary hereto or to,establish any new terms or conditions of employment. D. If the Human Resources Director in pursuance of the procedures outlined in Subsection 26.1, Step 3 above, or the Adjustment Board in pursuance of the provisions of Subsection 26.1, Step 4 above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to, reinstatement with or without payment-for lost time. E. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Boards or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Union. 26.3, Time Limits. The time limits specified above may be waived by mutual agreement of the parties to the grievance. If the County fails to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If a grievant fails to meet the time limits specified in Steps 1 through 3 above, the grievance will be deemed to have been settled and withdrawn. .26.4 Union Notification. An official, with whom a formal grievance is filed by a grievant who isoincluded in a unit represented by the Union, shall give the Union a copy of the formal presentation. 26.5 Compensation Complaints; All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Human Resources Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other matters of compensation are to be resolved 'in the meeting and conferring process, if not detailed in the MOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than two (2) years from the date upon which the complaint wasfiled. 26.6 Strike/Work Stoppage. During the term of this MOU, the Union, its members and . representatives, agree that it and they will not engage in, authorize, sanction, or,support any strike, slowdown, stoppage of work, sickout, or 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 AFSCME Local 2700 -56 2005-2008 MOU an emergency nature and/or failure to perform such duties might cause or aggravate a danger to public health or safety. 26.7 Merit Board. A. All grievances of employees in representation units represented by the Union shall be processed under Section 26 unless the employee elects to apply to the 'Merit Board on.matters within its jurisdiction. B. No action under Steps 3, 4 and 5 of Subsection 26.1 above shall be taken if action on the complaint or grievance has been taken by the Merit Board, or if the complaint or grievance is pending before the Merit Board. 26.8 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this MOU. 26.9 Disputes Over Existence of Grievance. Disputes over whether a grievance exists as defined in Section 26.1 shall be resolved through the grievance procedure. 26.10 Disqualification From Taking Examination. If disqualified from taking an examination, an employee may utilize the appeal process specified in the Personnel Management Regulations for employees disqualified from taking an examination. SECTION 27 - BILINGUAL PAY A salary differential of eighty dollars ($80.00) 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 prorated for employees working less than full time. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. The Union shall be notified when such designations are made. Effective January l,'2007, the current program differential shall be increased to a total of one- hundred dollars ($100.00) per month. SECTION 28 - RETIREMENT 28.1 Contribution. Pursuant to -Government Code Section 31581.1, the County will continue to pay fifty percent (50%) of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOU, and shall terminate thereafter. Employees shall be responsible for payment of the employees' contribution for the retirement cost of living program as determined by the Board of Retirement of the Contra Costa County Employees' Retirement Association without the County paying any part of the employee's share. The County will pay the remaining one-half (1/2) of the retirement cost-of- living program contribution. 28.2 Tier III. Subject to the enactment of enabling legislation amending the 1937 Employees' Retirement Act to allow such election, the County will permit certain Tier II employees to elect a Tier Ill Retirement Plan under the following conditions: a. The County and the Labor Coalition must agree on the wording of the legislation and both parties must support the legislation. AFSCME Local 2700 -57 2005-2008 MOU SECTION 28 - RETIREMENT . b. Except for disability, all benefit rights, eligibility for and amounts-of all other benefit entitlements for Tier III, from and after the date of implementation, shall be the same as Tier I. The disability benefits for Tier III shall be_the same as..the current Tier II disability provisions. C. - 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. d. , Employees represented by the Labor Coalition and its member employee organizations (herein referred to as `Labor Coalition') enrolled in Tier II who have attained five (5) years of retirement credited service as of the effective date of the enabling legislation shall have a six (6) month period after such date to make a one time irrevocable election of .the Tier III RetirementPlan expressed herein subject to action by the Board of Supervisors to implement the Plan..Thereafter, employees represented by the Labor Coalition enrolled in Tier II who have attained five (5) years of retirement credited service shall have a ninety (90) day, period to make a one time irrevocable election of the Tier III Retirement Plan expressed herein. The County's employer contributions and subvention of employee contributions for Labor Coalition employees electing Tier,III which exceed those which would be required for Tier. II membership shall: a. be funded by reducing the general wage increase agreed upon to.-be effective October 1, 1997, and the pay equity amounts attributable thereto, by a percentage sufficient to reduce the County's wage obligation by three ($3) million dollars per year; and the general wage increase of all employees represented.by the Labor Coalition shall be reduced accordingly; and b. 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 infuture years that the County's retirement costs have increased and that the increase is attributable to the creation of Tier III and/or the impact of Tier III on the County's retirement costs, such increase shall be funded by reducing the general wage increase(s) agreed upon in future years, and the pay equity amounts attributable thereto, to the extent that future wage increases are,granted; and the general wage in of all employees represented by the Labor Coalition shall be reduced accordingly; and c. in the event the County's costs attributable to the Tier III Retirement.Plan are. less than $3 million per year, the difference shall be divided by twelve and each twelfth shall be augmented by an amount equal to the County's common pooled fund interest which would have accrued if one twelfth had been invested in the first month of the past year, two twelfths in the second month of the past year and so forth; and d.' any savings to the County resulting from the creation and operation of Tier Ili shall be used to offset future County retirement cost increases attributable.to the creation and operation of Tier III; and e. County savings shall be held in an account by the Auditor-Controller which is invested in the County's common pooled fund and will accrue interest accordingly. .The County will report yearly to the Labor Coalition on a) the beginning account AFSCME Local 2700 -58- 2005-2008 MOU SECTION 29 — REIMBURSEMENT balance, b) the interest earned, c) expenditures from the account to cover increased costs resulting from the Tier III Retirement Plan, and d) the ending account balance. 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. Subject to the provisions expressed above, any and all additional employer and County-paid employee contributions which exceed the sum of the County's legally required contributions under Tier II shall be recovered by reducing general wage increases to the employees represented by the Labor Coalition. Any disputes regarding cost or savings shall be subject to binding arbitration upon demand of the Labor Coalition or the County. The enabling legislation shall provide that the Tier III Retirement Plan may be implemented only by an ordinance enacted by the Board of Supervisors. Board of Supervisors' action to implement the Tier III Retirement Plan shall be taken not earlier than seven (7) months after the effective date of the legislation plus thirty (30) days after an actuarial report on the County cost of the Plan is received by the County, provided that before enactment of the ordinance, the Labor Coalition has not notified the County in writing that a one percent (1%) wage increase shall be implemented by the County effective October 1, 1997, without interest,,in lieu of implementation of the Tier III Retirement Plan. The establishment of the Tier III Retirement Plan pursuant to the terms of this Memorandum of Understanding shall be subject to approval by the Board of Retirement of the Contra Costa County Employees' Retirement Association. In the event the County is prevented from implementing the Tier III Retirement Plan for any reason on or before the termination date of this MOU, the agreement of the parties regarding a Tier III Retirement Plan shall expire and a one percent (1%) lump sum wage increase shall be implemented by the County within sixty (60) days after the determination that Tier III cannot be implemented or as soon thereafter as practicable for the period covering October 1, 1997 through such termination date, without interest, in lieu of the Tier III Retirement Plan. Effective October 1, 2002, Tier 2 of the retirement plan shall be eliminated and all employees in Tier 2 of the retirement plan shall be placed in Tier 3. Employees in Tier 2 with ten (10) or more years of County/District service, will be eligible to participate in the County's buy back program. Employees may replace Tier 2 benefits with Tier 3 benefits as follows: 1. Employee buys back two (2) years, County will buy back one (1) year for a total of three (3) years of buyback. 2. Employee buys back four (4) years, County will buy back two (2) years for a total of six (6) years of buyback. 3. . Employee buys back six (6) years, County will buy back three (3) years for a total of nine (9) years of buyback. SECTION 29— REIMBURSEMENT AFSCME Local 2700 -59- 2005-2008 MOU SECTION 29 - REIMBURSEMENT 29.1 Training Reimbursement. The County Administrative Bulletin on Training shall govern reimbursement for training and shall limit reimbursement for career development training to seven hundred fifty dollars ($750) per year, except as otherwise provided in.the supplemental sections of this MOU. Registration and tuition fees for career development education may be reimbursed for up to fifty percent (50%) of the employee's net cost. Books necessary for.courses taken for career development education may .be reimbursed for up i to one hundred percent (100%) of the employee's net cost. 29.2 Personal Property Reimbursement. The loss or damage to personal property of employees is subject to reimbursement under the following conditions: a. The loss or damage must result from an event which is not normally encountered or anticipated on the job and which is not subject to the control of the employee. b. Ordinary wear and tear of personal property used on the job is not compensated.- C. Employee tools or equipment, provided without the express approval of the department head, and automobiles are excluded from reimbursement. d. The loss or damage must have occurred in the line of duty. e. The loss or damage was not a result of negligence or lack of proper care by the employee. f. The personal property was necessarily worn or carried by the employee in order to adequately fulfill the duties and requirements of the job. g. The loss or damage to employee's eyeglasses, dentures, or other prosthetic devicesdid not occur simultaneously with a job connected injury covered by workers' compensation. h. The amount of reimbursement shall be limited to the actual cost to repair damages. Reimbursement for items damaged beyond repair shall be limited to the actual value of the item at the time of loss or damage but not more than the original.cost. i. The burden of proof of loss rests with the employee. j. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation for Loss or Damage to the Personal Property. 29.3 Reimbursement for Meal Expenses. Employees shall be reimbursed for. meal expenses under the following circumstances and in the amount specified: a. When the employee is required to be out of his/her regular or normal work area during a meal hour because of a particular work assignment and with prior approval of the department head or his designee. b. When the employee is required to stay over to attend consecutive or continuing afternoon and night sessions,of a board or commission. AFSCME Local 2700 -60- 2005-2008 MOU SECTION 30 - CLASSIFICATION C. When the employee is required to incur expenses as host for official guests of the County, work as members of examining boards, official visitors, and speaker or honored guests at banquets or other official functions. d. When the employee is required to work three (3) or more hours of overtime, or scheduled to work overtime with less than twenty-four (24) hours notice; in this case he/she may be reimbursed in accordance with the Administrative Bulletin on Expense Reimbursement. Meal costs will be reimbursed only when eaten away from home, or away from the facility in the case of employees at 24-hour institutions. Procedures and definitions relative to reimbursement for meal expenses shall be in accordance with the Administrative Bulletin on Expense Reimbursement. 29.4 Animal Services Department Fee Reimbursement. Once during the term of this MOU, each employee in the Animal Services department may be reimbursed for departmental license and adoption fees incurred by the employee in an amount not to exceed the amount charged by the department for these fees. An employee adopting an animal under this section shall be responsible for payment of all other normal and customary fees associated with that adoption. SECTION 30 -CLASSIFICATION Existing classes of positions may be abolished or 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 offer to meet and confer with the Union on the minimum .qualifications and salary of new classes and on any proposed changes in the minimum qualifications in current classes represented by the Union. If the County wishes to add duties to classes represented by the Union, the Union shall be notified and upon request of the Union, representatives of the County will meet and consult with the Union over such duties. SECTION 31 -SAFETY The County shall expend every effort to see to it that the work performed under the terms and conditions of this MOU is performed with a maximum degree of safety consistent with the requirement to conduct efficient operations. The County is aware of the U.S. Supreme Court "Whirlpool" decision regarding safe working conditions and will continue to comply with all of the provisions of that decision. The Union may recommend safety guidelines, regulations, training programs- and necessary corrective actions concerning conditions associated with the work environment. Representatives of the Union may want to discuss with certain Department Heads the.participation of the employees it represents on existing departmental safety committees. If a Department Head agrees, the Union may designate a representative to participate in any established Safety Committee. Departments without a Safety Committee shall establish a committee within ninety (90) days of the effective date of this agreement. The Union shall appoint all labor representatives to the Committee. All Safety Committees shall schedule their meetings. An employee designated by the Union may participate on each of the established district safety committees within the Employment & Human Services Department. .31.1 VDT Users Eve Examination. The County agrees to provide an annual eye examination on County time at.County expense provided that the employee regularly uses a AFSCME Local 2700 -61- 2005-2008 MOU SECTION 32 - MILEAGE video display terminal at least an average of two (2) hours per day as certified by their department. Employees certified for examination under this program must process their request through the Employee Benefits Division of the Human Resources Department. Should prescription VDT eyeglasses be prescribed for the employee following the examination, the County agrees to provide, at not cost, the basic coverage which includes a ten dollar ($10) frame and single vision lenses. Employees may, through individual arrangement between the employee and their doctor and solely at the employee's expense, include bifocal, trifocal or blended lenses and other care, services or materials, not covered by the Plan. The basic plan coverage, including the examination, may be credited toward the employee-enhanced benefit. SECTION 32 - MILEAGE 32.1 , Mileage Reimbursement Rate. Mileage allowance for the use of personal vehicles on County business shall be paid according to the rates allowed,by the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the date it becomes.effective or the first of the month following announcement of the changed -rate by the Internal Revenue Service, whichever is later. 32.2 Mileage Reimbursement. Policy. Mileage from an employee's home to the normal work location is not reimbursable. The normal work location is the location to which an.employee is regularly assigned. An employee with more than one (1) normal work location shall be reimbursed for the mileage traveled in the same work day between those work locations. When an employee is temporarily reassigned to a different work location, mileage will be reimbursed in excess of the normal mileage between the employee's home and the regular work location. SECTION 33 - FLEXIBLY STAFFED POSITIONS The County shall continue to provide for flexible staffing and departmental certification for all positions in the following classes: Information Systems Assistant I to II. If 'an operating department verifies in writing that an administrative or clerical error was made_in failing to submit the documents needed to promote an employee on the first of the month when eligible, said appointment;shall be made retroactive to the first of the month when eligible. An employee who is denied.a promotion to a flexibly staffed position may appeal such denial to the Merit Board. SECTION 34 - MEAL PERIODS 34.1 Varying Meal Periods.. Representatives of the Union may discuss varying meal periods (e.g. one-half (1/2) hour versus a one (1) hour meal period),'with certain Department Heads. Any change in the meal period agreed to by the Union and Department-Heads must have final approval from the County Administrator. 34.2 Hospital Holiday Meals.'Employees represented by the Union who are employed at the County Hospital and who are-required to work on Thanksgiving, Christmas or New Year's will be provided a free meal in the Hospital Cafeteria at no cost to the employee only between the hours of 6:30 a.m. and 6:30 p.m.. SECTION 35 -PERFORMANCE EVALUATIONS AFSCME' Local 2700 -62- 2005-2008 MOU SECTION 36 - DISCIPLINARY ACTIONS In those instances when there is a written performance evaluation of an employee and the employee is requested to sign the evaluation, the employee shall receive a copy of the evaluation. The County agrees to meet with representatives of AFSCME, Local 2700 to discuss performance evaluation on a County-wide basis but not a County-wide performance form. SECTION 36 - DISCIPLINARY ACTIONS If the employee so requests in writing a copy of any written disciplinary action affecting an employee, it shall-be furnished to the Union. SECTION 37 - PERSONNEL FILES Each department shall maintain only one official personnel file per employee. Employees shall have the right to inspect and review any official record(s) relating to his or her performance as an employee or to a grievance concerning the employee which is kept or maintained by the County in the employee's personnel file in the Human Resources Department. The employee's union representative, with written authorization by the employee, shall also have the right to inspect and review any official record(s) described above. The contents of such records shall be made available to the employee and/or the employee's union representative for inspection and review at reasonable intervals during the regular business hours of the County. Letters of reprimand are subject to the grievance procedure but shall not be processed past Step 3 unless said letters are used in a subsequent discharge, suspension or demotion of the employee, in which case an appeal of the letters of reprimand may be considered at the same time as the appeal of the disciplinary action. Copies of written reprimands or memoranda pertaining to an employee's unsatisfactory performance which are to be placed in the employee's personnel file shall be given to the employee who shall have the right to respond in writing to said documents. Derogatory material in an employee's personnel file (such as warning letters) over two (2) years old will not be used in a subsequent disciplinary action unless directly related to the action upon which the discipline is taken. Derogatory material does not include prior suspensions, demotions or dismissals for cause. The County shall provide an opportunity for the employee to respond in writing to any information which is in the employee's personnel file about which he or she disagrees. Such response shall become a permanent part of the employee's personnel record. The-employee shall be responsible for providing the written responses to be included as part of the employee's permanent personnel record. This section does not apply to the records of an employee relating to the investigation of a possible criminal offense, medical records and information or letters of reference. Employees have the right to review their official personnel files which are maintained in the Human Resources Department or by their department during their work hours. For those employees,whose work hours do not coincide with the County's business hours, management shall provide a copy of the employee's personnel file for their review. The Custodian of records will certify that the copy is a true and correct copy of the original file. In a case involving a grievance or disciplinary action, the employee's designated representative may also review his/her personnel file with specific written authorization from the employee. SECTION 38 - SERVICE AWARDS AFSCME Local 2700 -63- 2005-2008 MOU SECTION 39 - FLEX-TIME The County shall continue its present policy with respect to service awards including time off; provided, however, that the type of award given shall beat the sole discretion of the County. . The following procedures shall apply with respect to service awards: a. Presentation Before the Board of Supervisors. An employee with twenty (20) or more years of service may go before the Board of Supervisors to receive his/her Service Award. When requested by a department, -the Human Resources Department will make arrangements for the presentation ceremony before the Board of Supervisors and notify,the department as to the time and date of the Board meeting. b. Service Award Day Off. Employees with fifteen (15) or more years of service are entitled to take a day off with pay at each five (5) year anniversary. , SECTION 39 - FLEX-TIME It is understood that Resolution No. 75/1037 pertaining to flex-time may be applied to clerical employees as well as other County employees. Nothing contained in this MOU prohibits the Department Head from implementing a flex-time system for clerical employees. The Department Head prior to implementation shall discuss-the implementation of any flex-time system involving employees represented by the Union with the Union. Then the department shall determine if said flex-time is feasible following a trial period and then shall submit. the plan to the County Administrator.for approval. Upon written request to the Labor Relations�Manager, the Union may request to meet with a Department Head for the purpose of proposing an alternate flexible work schedule. SECTION 40 - DATA ON VACANT POSITIONS The County agrees to continue investigating the feasibility of instituting a data processing system to provide current data on available vacant positions within the clerical series. SECTION 41 - COUNTY LIBRARY EMPLOYEES 41.1 Evening Differential. Employees employed at the County Library shall receive a five percent (5%) base pay salary differential for all scheduled hours worked between 6:00 p.m. and 9:00 P.M. 41.2 Saturday Differential. Employees in the Library Unit who are scheduled to work Saturday shall receive a five percent (5%) base pay salary differential for all hours worked on such Saturday, said five percent (5%) differential shall not apply to any overtime hours worked on Saturday. 41.3 - Thanksgiving/Christmas Holiday. Section 12 - Holidays of this MOU regarding holidays is modified for all Library employees to delete the day after Thanksgiving as a holiday and to add the day before Christmas as a holiday. The libraries will close at 6:00 p.m. on the day before Thanksgiving. 41.4 Adjusted Work Schedule. The Library will adjust work schedules as long as reasonable staffing levels can be maintained'for Library Clerks who are attending school to pursue a certificate in Library and Information Technology. SECTION 42 UNFAIR LABOR PRACTICE AFSCME Local 2700 -64- 2005-2008 MOU SECTION 43 - LENGTH OF SERVICE DEFINITION (For Service Awards & Vacation Accruals) Either the County or the Union may file an unfair labor practice as defined in Chapter 34-22 of Board Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties, may be heard by a mutually agreed upon impartial third party. SECTION 43 - LENGTH OF SERVICE DEFINITION (For Service Awards &Vacation Accruals 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 reemployed in a permanent County position, or is reemployed in a permanent County position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation. The Human Resources Director shall determine these matters based on the employee status records in his/her department. SECTION 44 - PERMANENT PART-TIME EMPLOYEE BENEFITS Permanent part-time employees receive prorated vacation and sick leave benefits. They are eligible for health, dental and life insurance benefits at corresponding premium rates providing they work at least fifty (50) percent of full time. If the employee works'at least fifty (50) percent of full time, County retirement participation is also included. SECTION 45 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. SECTION 46 - PERMANENT-INTERMITTENT HEALTH PLAN A permanent-intermittent employee represented by the Union may participate in one of 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. Effective one hundred and twenty (120) days after all Coalition Employee Organizations have signed their respective Letters of Understanding, the following benefit program shall be offered to permanent-intermittent employees: a. Program. The County shall offer CCHP Plan A-2 at the subvention rate of sixty- four percent (64%) of the cost of the premium for a single individual, to those 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 month. In order to maintain eligibility, a permanent-intermittent employee must remain in paid status during each successive month. C. Pre_Pay. Employees who have achieved eligibility under the terms of 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 AFSCME Local 2700 -65- 2005-2008 MOU SECTION 47 PROVISIONAL EMPLOYEE BENEFITS continue to pre-pay their portion of the health insurance premium in order to continue benefits. In addition, employees who meet the eligibility requirements and who have been voluntarily paying for a county group health program shall be allowed to enroll in CCHP Plan A-2 without a waiting period. d. Family Coverage. Employees may elect to purchase at their own expense, family coverage, including domestic partner, and shall follow the procedures outlined in C. above for payment for this optional coverage. e. Implementation. There shall be a sixty (60) day Open Enrollment period,with the initial date of coverage effective August 1, 2000. Subsequent Open Enrollment periods shall be for thirty (30) days and coincide with the open enrollment period 'for County employees beginning in 2001. Permanent-intermittent employees who are not currently eligible, but who subsequently meet the eligibility requirements, shall be notified of their eligibility and shall have thirty (30) days to decide whether or not to elect coverage under this program. f. Employees who are temporarily ineligible may purchase, at their own cost, the plan in accordance with the procedures set forth by the Contra Costa County Health Plan. Nothing in Section 46.2 shall prevent an employee from electing health coverage under either Section 46.1 or Section,46.2 SECTION 47 - PROVISIONAL EMPLOYEE BENEFITS Provisional-employees who were not permanent employees of the County immediately prior to their provisional appointment, are eligible for,vacation and sick leave benefits. . Provisional employees may participate in one of 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. SECTION 48 - HAZARD PAY & CODE GRAY CALLS 48.1 Hazard Pay. Employees who work in the following designated areas shall receive a five percent (5%) base pay salary differential for. each hour.worked in the hazardous area provided, however, that in the event the conditions in these areas are improved so that the hazardous conditions no longer exist such differential will no longer be applicable. a. Animal Services Department b. Reception Center of the CCRMC Emergency Department C. Mental Health Screening Unit of the Health Services Dept. d. Conservatorship Office in Martinez e. Employee who accompanies medical staff into inmate areas of the County Detention Facility AFSCME Local 2700 -66- 2005-2008 MOU SECTION 49 — SHIFT & HOLIDAY AGREEMENT & SHIFT BIDDING POLICY f. Clerical Eemployees assigned to work in the Martinez Detention Facility and West County Detention Facility. g. Reception Center of CCRMC Building 1 h. Any other employee who the Board of Supervisors may by resolution authorize. Positions designated under category "g" shall only be eligible for Hazard Pay if they were employed in the positions prior to July 1, 2006. On September 30, 2008, Hazard Pay will sunset and be discontinued for employees deemed eligible under category "g" above. The effective date of the Hazard Pay for clerical employees assigned to work in the Martinez Detention Facility and the West County Detention Facility will be July 1, 2006. Employees leaving positions designated under category "g" during the term of this Memorandum of Understanding shall no longer be eligible for the Hazard Pay differential once they have left the position; and the position vacated, once filled, will no longer be eligible for Hazard Pay. The parties shall meet and confer on or before July 1, 2008, to establish a Detention Facility salary differential or adjust the base pay salary for the clerical employees who work in the Martinez Detention Facility and West County Detention Facility positions designated under Section 48.1 Hazard Pay & Code Gray item "f'. Once the Detention Facility base pay has been determined and established, Hazard Pay for the staff outlined in Section 48.1 Hazard Pay & Code Gray item "f', will no longer be eligible for Hazard Pay. 48.2 Code Gray Calls. A ten percent (10%) base pay salary differential shall be paid for those shifts on which employees in classifications represented by Local 2700 are specifically assigned by the administration to respond to emergency code gray-calls if said employees do not qualify for other hazard assignment differential. A five percent (5%) base pay salary differential shall be paid for those shifts in which said employees are specifically assigned to respond to emergency code gray calls if said employees qualify for other hazard assignment differential, said five percent (5%) to be in addition to the hazard pay differential. It is understood that acceptance of the assignment to code gray is voluntary. Additionally, acceptance of the assignment to code gray is conditional on an employee(s) having successfully completed required training. It is further understood that the above referenced salary differential is based on an employee(s) actually being assigned to code gray. . SECTION 49—SHIFT & HOLIDAY AGREEMENT & SHIFT BIDDING POLICY 50.1 49.1 Sheriff's Department: The agreement between the Union and.the Sheriffs Department concerning shift assignments and holiday coverage in the Services Division shall remain in effect for the. duration of this agreement. Shift bidding shall take place two (2) to four (4) times per year and shall take place two (2) weeks prior to each unit bidding period. Seniority for shift bidding is based on continuous department seniority as a permanent employee within their current classification. Vacanciesshall be filled by .temporary employees after permanent employees have made their selection. If a temporary employee obtains permanent status, seniority shall be calculated from the first day of permanent department employment. AFSCME Local 2700 -67- 2005-2008 MOU SECTION 50 - STUDIES/PROJECTS/COMMITTEES, 49.2 Animal Services Department: Work schedules shall be placed up for bid every four (4) months.and shall take place two (2) weeks prior to each bid period. Work schedule bids will include the shift times and work location. Seniority for work schedule bids is based on departmental seniority as a permanent employee within the Clerical classifications. SECTION 50 -STUDIES/PROJECTS/COMMITTEES 50.1 Minimum Qualifications. In accordance.with EEOC guidelines and requirements of Title VII of the 1964 Civil Rights Act, the County agrees to evaluate the education requirement for the class of Clerk, specifically the Experienced, Senior, and Specialist levels, to determine if a high school education should be required in the minimum qualifications. The results will be shared with Local 2700. 50.2 Attendance Pro-gram. There shall be convened a Labor-Management Committee to develop an attendance program for�County employees. 50.3 . Wellness Incentive Program. A broad-based pilot Wellness Incentive Program will be developed with input from the joint Labor/Management Wellness Committee. The purpose of this program will be to reward'County employees with incentives for participating in Wellness Program activities and encourage them to live healthier lifestyles. The Wellness Committee will work closely with the Human Resources Department on program design and implementation. Program Design. The Wellness Incentive Program design will include the development of additional wellness activities to compliment the current Employee Wellness Program schedule and collaboration:with health plan carriers to develop special programs and activities for County employees and: to encourage participation in their established wellness activities. Special emphasis will be placed on supporting major programs such as: Smoking Cessation, Nutrition/Weight Loss; Brown Bag Seminars, Health Screenings and Health Fairs. Format. A point value system for program participation will be developed wherein each wellness activity and program will be assigned a point value. Points will accumulate and incentive prizes will be awarded to employees uponrealizing certain point levels. The value of the prizes will increase with higher point values and one (1) grand prize will be awarded each year to the employee with the highest number of points. Incentives. A series of incentive prizes will be assigned to certain point values. In addition, recognition for employee and department participation will be an important aspect of the Wellness Incentive Program. Referral. The parties agree to refer the contents of this proposal to the Wellness Committee for its consideration. 50.4 Evaluations. The Human Resources Department and County Training Institute agree to meet with County departments to review their evaluation processes and assist in the development/revision of job related criteria. The County agrees to meet with the union to review results and proposed changes to the evaluation form or processes as a result of this review. Any such changes to the evaluation form or process in a department will be by mutual agreements between the department and the_union. This process will begin no later than one hundred and twenty (120) days after the Memorandum of Understanding has been approved by the Board of Supervisors and completed by July 1, .2000, or as soon thereafter as practicable. AFSCME Local 2700 -68- 2005-2008 MOU 50.5 Differentials. The County and the Labor Coalition agree to establish a Labor/Management Committee comprised of five (5) labor and five (5) management employees to study and recommend actions necessary to standardize payment and application of differentials including, but not limited to, proration for less than full-time employees; the length of payment while on paid sick leave or disability and consistency between percent-based vs. flat- payment differentials. SECTION 51 - NOTARY PUBLIC Employees who are designated by their department to perform duties for the County as a notary public will be allowed time off (up to one hour) for testing and will be reimbursed for their application, testing and renewal fees. SECTION 52 - UNION REPRESENTATION OF TEMPORARY EMPLOYEES 52.1 Recognition. AFSCME, Local 2700 is the formally recognized employee organization for temporary employees, not including emergency appointments and retiree temporary appointments, who are employed by Contra Costa County in those classifications covered by the MOU between AFSCME, Local 2700 and Contra Costa County. A. Temporary Employees. Temporary employees hired on or after January 1, 1997 may work a maximum of 1600 hours within a department. Thereafter, that temporary may not work in that department for one year as a temporary. B. Appointment to a Permanent Position. If a temporary employee is appointed to a permanent position, credited paid time off hours and earned, but not yet credited paid time off hours, shall be converted to vacation hours and subject to the MOU provisions relating to vacation, except that when a temporary employee is appointed to a permanent position, the employee shall be allowed to use the earned paid time off hours during the first six (6) months of employment in a permanent position. Upon receipt of a request by the Union, the Human Resources Department agrees to meet to discuss the issues related to continuous testing and the frequency of such testing regarding specific classifications. Effective January 1, 2000, the County shall provide quarterly reports regarding temporary employees which include the following information: employee name, classification, department, mail drop I.D., and number of hours worked in all classifications and departments on a calendar year-to-date basis. 52.2 Appointments Not Covered. Emergency appointments as defined in Section 809 of the Personnel Management Regulations, and retiree temporary appointments as provided for in Government Code, Section 31680.2, are not covered by this Letter of Understanding. 52.3 Agency Shop. A. All covered temporary employees, as specified above shall either: 1. Become and remain a member of the Union and pay an agency shop fee of one percent (1%) of their regular pay per semi-monthly pay period; this percentage may be changed by the Union who will notify the County Auditor-Controller of the new percentage and effective date; or -AFSCME Local 2700 -69- 2005-2008 MOU SECTION 52 - UNION REPRESENTATION OF TEMPORARY EMPLOYEES 2. Pay to the Union an agency shop service fee of the amount which does not exceed an amount which may be lawfully collected underapplicable constitutional, statutory and case law, which under no circumstances shall exceed the amount specified in 2.2.13.2 above. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. Do both of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment or declare that the employee has a bona fide religious conscientious objection to joining or financially supporting a public employee organization; and b. Pay a.sum equal to the agency shop service fee specified in 2.2.13.2 above to a non-religious, non-labor charitable fund chosen by the employee from those listed in the MOU between AFSCME, Local 2700 and Contra Costa County B. No initiation fee or special assessments shall be required of these employees. C. The Union shall provide the County with a copy of the Union's "Hudson Procedure" for the determination and protest of its agency shop fees. The Union shall provide a copy of said "Hudson Procedure" to every fee payor covered by this MOU within one month from the date it is approved and annually thereafter, and also as a condition to any change in the agency shop fee. Failure by a fee payor to invoke the Union's Hudson Procedure within one month after actual notice of the Hudson Procedure shall be a waiver by the employee of his/her right to contest the amount of the agency shop fee. 52.4 Agency Shop Deductions. A. A current temporary employee or a new temporary employee hired into a job class represented by Local 2700 shall be provided through the Human Resources Department with an Employee Authorization For Payroll Deduction form. Said employee shall have thirty (30) calendar days to fully execute the authorization form of his/her choice and return said form to the Human Resources Department. B. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and, the union dues, agency shop fee or charitable contribution required under Section 3 are not received, the Union may, in writing, direct that the County withhold the agency shop fee from the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Union. C. The Union shall indemnify, defend and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this Union Security Section, or action taken or not AFSCME Local 2700 -70- 2005-2008 MOU SECTION 52 - UNION REPRESENTATION OF TEMPORARY EMPLOYEES taken by the County under this Section. This includes, but is not limited to, the County's attorney fees and costs. D. The authorization of payroll deductions described above 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. 54.5 Salary. A. Temporary Hourly Rates. The hourly rate paid temporary employees shall be the "1.00 hourly rate" calculated on the salary schedule by dividing the unrounded monthly salary at any step by 173.33. B. New Employees. Except as otherwise permitted in deep class resolutions, temporary employees shall generally be appointed at the minimum step of the salary range established for the particular class to which the appointment is made. However, the Human Resources Director may authorize an appointing authority to make a particular temporary appointment at a step above the minimum of the range. 52.6 Salary Increments Within Range. A. Increment Eligibility and Salary Review. All temporary employees shall accumulate a record of straight time hours worked for the purpose of a salary review to determine whether the employee shall be advanced to the next higher step, or other step as specified by deep class resolution, in the salary range for the classification. Advancement to a higher step shall be granted only on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend granting the salary increment or unconditional denial of the increment. B. Frequency of Increments. Increments within range shall not be granted more frequently than once per every 2080 straight time hours worked by a temporary employee. C. Effective Date. Step increases resulting from an approved salary review shall be effective the first of the month following completion of 2080 straight time hours worked and return of the salary review report to the Human Resources Department. D. New Employees. Temporary employees hired at Step 1 of the salary range for their classification or at Step 1 of the salary range for their assigned level in a deep class will be eligible for a salary review as described above after completion of 1040 straight time hours worked; additional salary reviews will be after the cumulation of an additional 2080 straight time hours as described above. E. No provision of this section shall be construed to make the granting of salary increments mandatory on the County. 52.7 Paid Time Off. AFSCME Local 2700 -71- 2005-2008 MOU SECTION 52 - UNION REPRESENTATION OF TEMPORARY EMPLOYEES A. Temporary employees shall accumulate.a record of straight time hours worked. B. Based upon the accumulation of straight time hours recorded, effective on the payroll following the payroll on which payment was made for the 1040th straight time hour worked, the temporary employee shall be .credited with twenty (20) hours of paid time off (PTO). For each additional 1040 hours of straight time worked, the temporary employee shall be credited with an additional twenty (20) _ hours of paid time off. Forty (40) hours paid time off credit is the maximum amount an employee may have at any time. C. Use. PTO shall not be taken until credited. PTO shall be taken by an employee only with the approval of his/her supervisor. D. Paid Off At Separation. If a temporary employee terminates his/her County employment (separates from County service), the employee shall be paid all currently credited PTO hours and, in addition, shall be paid off.for*that portion of PTO hours earned but not yet credited on the basis of that portion of the 2080 straight time hours worked (STHW) cumulation: The formula for the earned but not credited payoff is: STHW divided by 2080 multiplied by forty (40) multiplied by the current hourly pay rate at separation. E. Appointment to a Permanent Position. If a temporary employee is appointed to a permanent position, the credited PTO hours and the earned but not yet credited PTO hours, as described in above, shall be converted to vacation hours and subject to the MOU provisions relating to vacation except that.when a temporary employee is appointed to a permanent position, the employee will be allowed to use the earned PTO hours during the first six (6) months of employment. F. Health Benefits for Temporary Employees. Effective ,one hundred and twenty (120) days after all Coalition Employee Organizations have signed their respective Letters of Understanding, the following benefit program shall be offered to temporary employees: 1. Program. The County shall offer CCHP Plan A-2 at the subvention rate of fifty percent (50%) of the cost of the premium for a single individual, to those temporary employees who meet and maintain eligibility. 2.. . 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 month. In order to maintain eligibility, a temporary employee must remain in paid status a minimum of forty (40) hours during each successive month and maintain an average of fifty percent (50%) time year-to-date from the date of eligibility. 3. Pre-Pay. Employees who have achieved eligibility under the terms of D.2 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, temporary employees who meet the eligibility requirements and who have been voluntarily paying for a County group health program shall be allowed to enroll in CCHP Plan A-2 without a waiting period,. AFSCME Local 2700 -72- 2005-2008 MOU SECTION 53 - ADOPTION 4. Family Coverage. Employees may elect to purchase at their own expense, family coverage, including domestic partner, and shall- follow the procedures outlined in 3. above for payment for this optional coverage. 5. Implementation. There shall be a sixty (60) day Open Enrollment period with the initial date of coverage effective August 1, 2000. Subsequent Open Enrollment periods shall be for thirty (30) days and coincide with the open enrollment period for County employees beginning in 2001. Temporary employees who are not currently eligible, but who subsequently meet the eligibility requirements, shall be notified of their eligibility and shall have thirty (30) days to decide whether or not to elect coverage under this program. 52.8 Provisional Employees. AFSCME, Local 2700 is the formally recognized employee organization for all provisional employees appointed by the County from 'outside County service" in classifications covered by the MOU between the County and the Union. The provisional employee will continue to receive the salaries and benefits provided in the MOU for provisional employees. Provisional employees shall be covered by the agency shop provisions of the MOU applicable to permanent employees, with the exception that provisional employees shall not be required to pay any initiation fee or special assessment fee. 52.9 Grievance Procedure. Temporary and provisional employees covered by Section 52 may grieve only alleged violations of the specific terms and conditions'specified in Section 52. SECTION 53 -ADOPTION The provisions of this MOU shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. SECTION 54 - DURATION OF AGREEMENT This Agreement shall continue in full force and effect from October 1, 2005 to and including September 30, 2008. Said Agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other prior to sixty (60) days from the aforesaid termination date of its intention to amend, modify;,or terminate the Agreement. SECTION 55 -SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS 55.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this MOU demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. The Union. understands and agrees that the County is not obligated to meet and confer regarding wages, hours or conditions of employment during the term of this extended agreement, except as otherwise required by law. AFSCME Local 2700 -73- 2005-2008 MOU SECTION 55 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS 55.2 Separability of Provisions. Should any section, clause or provision of this MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. 55.3 Personnel Management Regulations. Where a specific provision contained in a section of this MOU conflicts with a specific provision contained in a section of the Personnel Management Regulations, the provision of this MOU shall prevail. It is recognized, however, that certain provisions of the Personnel Management Regulations may be supplementary to the provisions of this MOU or deal with matters not within the.scope of representation and as such remain in full force and effect. DATE: CONTRA COSTA COUNTY AFSCME, LOCAL 2700 AFSCME Local 2700 -74- 2005-2008 MOU LOCAL 2700 ATTACHMENTS A - PROJECT POSITIONS B - CLERICAL DEEP CLASS LETTER C - SECRETARY DEEP CLASS LETTER D - CLASS & SALARY LISTING E - SEPTEMBER 30, 2005 - Medical/Dental/Life Insurance Adjustments Coalition Settlement Agreement F - COALITION SIDE LETTER — MANAGEMENT/LABOR COMMITTEE (Re: Temporary Employees) G - INCORPORATE DEEP CLASS & FLEXIBLY STAFFED RESOLUTIONS EXHIBITS I - EMPLOYEE CONCERNS (dated April 14, 1992) ATTACHMENT A PROJECT POSITIONS United Clerical, Technical & Specialized Employees, AFSCME, Local 2700, and the County have met and conferred in good faith regarding wages, hours—and other terms and conditions of employment for employees in project classes which, except for the project designation, would be represented by United Clerical , Technical & Specialized Employees, AFSCME, Local 2700. For example, Clerk is represented by United Clerical, Technical & Specialized Employees, therefore, it has been agreed that Clerk-Project will also be represented by United Clerical , Tehnical- & Specialized Employees. Other project classes that are not readily identifiable as properly included in bargaining units represented by United Clerical, Technical & Specialized Employees shall be assigned to bargaining units in accordance with the provisions of Section 34-12.015 of Board Resolution 81/1165. The Union and the County understand that the meet and confer process with respect to the conditions of employment for project classifications is unique and, therefore, differs from other regular classes represented by United Clerical, Technical & Specialized Employees in the following respects: 1. Project employees are not covered by the Merit System; 2. project employees may be separated from service at any time without regard to the provisions of this Memorandum of Understanding, without right of appeal or hearing or recourse to the grievance procedure specified herein; and 3. any provision of this Memorandun of Understanding which pertains to layoff or seniority are not applicable to project employees. ATTACMENT B Contra Personnel Department Costa Third Floor. Administration Bldg. 651 Pine Street Courty Martinez, California 94553-1292 (41 S) 372-4064 Hwy a Cateran Director of Permnnel November 4, 1985 Mr. Warren Ciel son Business Representative United Clerical Employees, Local 2700, AFSCME 936 Court Street Martinez, CA 94553 Dear Mr. Nelson: This letter is to confirm understandings reached during discussions concerning the Clerical Deep Class dated March 29, 1982 and to correct an error in a pre- viously signed side letter. 1. The allocation factors to be used in determining level assignments are attached. 2. The following sections of the resolution establishing the Clerical Deep Class shall be subject to the grievance procedure contained in the current Memorandum of Understanding between the County and United Clerical Employees, 'AFSCME, Local 2700 limited by Notes (a, b, & c) shown below. Section Title 2 Compensation 3 Part Time Compensation 5 Compensation for Portion . of month (a) 6 Initial Appointments to This Class 9 Salary on Reassignment Between Levels (b) 10 Short Term Reassignment 11 Salary on Transfer 12 Salary on Promotion 13 Salary on Demotion 14 Salary on Voluntary Demotion 15 Anniversary Dates (c) 16 Merit increment Salary Adjustments 18 Reclassification of Postion 19 Recruitment Difficulty Bonus 21 b Reassignment Selection Procedure Within Level 21 c Reassignment Selection Procedure to a Higher Level 22 Seniority 22 Allocation of Current Employees ipma •ILVMONOTIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER -2- 2....Notes a. Failure to give five (5) days prior notice of an appointment from outside County service is the only aspect of-this section that is subject to the grievance procedure. b. Failure to compensate an employee who is filling an uncovered previously designated senior level position is the only aspect of this section that is subject to the grievance procedure. c. This section is grievable to the extend provided for in Section 5.6 "Increments Within Range" of the Memorandum of Understanding between the County and United Clerical Employees dated November 4, 1985. 3. An employee who is reassigned from a higher level position to a lower level position and who is Y rated or placed in the appropriate salary range for the assignment in accordance with Section 9.F of the Clerical Deep Class Resolution shall be given notice in accordance with Section 23.2 itSke11v Requirements"-of the Memorandum of Understanding between the County and United Clerical Employees dated November 4, 1985. An employee may appeal such an action through Section 24, "Grievance Procedure" beginning with step C. said appeal must be filed within ten (10) work days of the action. 4. Section 20:7 of the Memorandum of Understanding between the County and United Clerical Employees dated November 4, 1985 shall apply if an employee is. not redesignated to a senior level position in accordance with Section 20 of the Clerical Deep Class Resolution. Dated / -� United Clerical Employees Contra Costa County local 2700, AFSCME 6Y 6y W . Contra AMcl�r C Personnel Department . (�^Sta Third Floor, Administration Bldg. ��..//1�.JJ�7` 651 Pine Street County Martinez. Car'rtornia 84553-1252 (415} 372-4064 : NwrY O.C's� Director of Perwnroe November 4, 1985 Mr. Warren Nelson Business Representative United Clerical Employees, Local 2700, AFSCME 936 Court Street Martinez, CA 94553 Dear Mr. Nelson; This letter is to confirm understandings reached during discussions concerning the. Secretary Deep Class. 1.. The allocation factors to be used in determining level assignments are attached. 2. The following sections of the resolution establishing the Secretary Deep Class shall be subject to the grievance procedure contained' in the current Memorandum of Understanding between the County and United Clerical Employees,.AFSCME, Local 2700 limited by notes (a, b, & c) shown below. Section Title 2 Compensation 3 Part Time Compensation 5 Compensation for Portion of month a. 6 Initial Appointments to This Class 9 Salary on Reassignment Between Levels b. 10 Short Term Reassignment 11 Salary on Transfer 12 Salary on Promotion 13 Salary on Demotion 14 Salary on Voluntary Demotion 15 Anniversary Dates C. 16 Merit Increment Salary Adjustments 18 Reclassification of Postion 20 b Vacant Advanced Level Positions 20 c Reassignment Selection Procedure Within Level 20 d Reassignment Selection Procedure to a Higher Level 21 Seniority 22 Allocation of Current Employees 1pma INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER ' -2- 2....Notes a: Initial appointments above step 14 prior to June 30, 1983, are the only aspect of this section that is sub- ject to the grievance procedure. b. Failure to compensate an employee who is filling an uncovered previously designated advance level position is the only aspect of this section that is subject to the grievance procedure. c. This section is grievable to the extend provided for in the Section titled "Increments Within Range" of the current Memorandum of Understanding between the County and United Clerical Employees. 3. An employee who is "reassigned from a higher level position to a lower level position and who is Y rated or placed.in the appropriate salary range for the assignment in accordance with Section 9.D of the Secretary Deep Class Resolution shall be given notice in accordance with the Section on "Skelly Requirements" in the current Memorandum of Understanding between the County and united Llerical Employees. An employee may appeal such an action through the "Grievance Procedure" beginning with step .-C. Said appeal must be filed within. ten 10 work days of the action. 4. The Section on Promotions in the current Memorandum of understanding between the County and United Clerical Employees shall apply if an employee is not redesignated to an advance level position in accordance with Section 20 of the Secretary Deep Class Resolution. Dated //A Ifr United Clerical Employees Contra Costa County Local 2700, AFSCME ,ice'— B 8y i �/i f. `�.j�. Y Attachment D AFSME Local 2700 Class & Salary Listing Effective October 1, 2005 General Clerical Unit Flex Staff(F)/ Class Code Class Title Deep Class (D) Min Salary Max Salary JD71 ACCOUNT CLERK TRAINEE-PROJECT $2,092.86 $2,543.89 JDTD ACCOUNT CLERK-ADVANCED LEVEL D- Res#85/235 $3,145.14 $4,016.47 JDWB ACCOUNT CLERK-BEGINNING LEVEL D-Res#85/235 $2,533.57 $3,079.57 JDVC ACCOUNT CLERK-EXPERIENCED LVL D- Res#85/235 $2,832.60 $3,511.58 JDV2 ACCOUNT CLERK-PROJECT F $2,832.60 $3,511.58 JD7A ACCOUNTING TECHNICIAN $3,482.82 $4,447.70 9BSA AIRPORT OFFICE ASSISTANT $3,346.31 $4,067.46 J9SG AIRPORT OFFICE SPECIALIST $4,168.96 $5,067.40 BJXB ANIMAL SVCS CLERK F $2,843.21 $3,198.61 JWSR ASSESSOR'S LOC EXEMPTIONS SPEC F $3,472.49 $4,434.51 CW02 CAL WORKS CLERK-EXP LEVEL-PROJ F $2,440.01 $2,965.85 J9SC CHILDREN'S SVCS CLER SPEC $3,027.85 $4,260.49 J3TH CIVIL LITIG SECRETARY $3,551.13 $4,316.42 JWXE CLERK-BEGINNING LEVEL- NT D- Res#82/382 $2,039.67 $2,039.67 JWXA CLERK-BEGINNING LEVEL-T D-Res#82/382 $2,143.19 $2,605.07 JWXB CLERK-EXPERIENCED LEVEL D- Res#82/382 $2,577.99 $3,198.61 JWXC CLERK-SENIOR LEVEL D-Res#82/382 $2,848.65 $3,637.84 JWXD CLERK-SPECIALIST LEVEL D- Res#82/382 $3,217.59 $4,108.99 XATA CWS/CMS SUPPORT ASSISTANT $3,679.99 $4,473.05 EBTB ELECTIONS SVCS REIMBURSE TECH $3,840.05 $4,667.61 EBVA ELECTIONS SVCS SPECIALIST $3,607.83 $4,385.34 EBTA ELECTIONS SVCS TECHNICIAN $3,159.55 $3,840.45 LTWH INFO SYS ASSISTANT I F $2,526.06 $3,070.44 LTVH INFO SYS ASSISTANT II F $2,777.95 $3,376.61 LTV4 INFO SYSTEMS ASSISTANT II-PROJ $2,777.95 $3,376.61 JWV1 INTERMEDIATE TYPIST CLERK-PRJ F $2,577.99 $3,198.61 LTTB LEAD INFORMATION SYSTEMS ASST $2,986.17 $3,629.71 3KWF LIBRARY CLERK I F $2,207.81 $2,683.61 3KWG LIBRARY CLERK 11 F $2,543.62 $3,091.79 VNTA MEDICAL RECORDS CODER $3,676.35 $4,468.62 VNTB MEDICAL RECORDS TECHNICIAN $3,101.84 $3,961.18 VNT2 MEDICAL RECORDS TECHNICIAN-PR $3,101.84 $3,961.18 VASC -MEDICAL STAFF COORDINATOR $3,526.60 $4,286.61 J9WD MEDICAL TRANSCRIBER $3,008.08 $3,841.44 V9VB PATIENT FINANCIAL SVCS SPEC $3,281.94 $4,191.17 V9V1 PATIENT FINANCIAL SVCS SPEC-PR $3,281.94 $4,191.17 JD7B PAYROLL TECHNICIAN F $3,749.88 $4,558.00 JD7C PROPERTY TAX SUBDIVISION SPEC $3,482.82 $4,447.70 J9WF RECORDABLE DOCUMENTS TECH $3,547.61 $4,312.15 97WA RETIREMENT ACCOUNTING SPEC I F $3,317.88 $4,237.07 97VB RETIREMENT ACCOUNTING SPEC II F $3,828.66 $4,886.45 97TA RETIREMENT ACCOUNTING SPEC III F $4,415.38 $5,635.27 97TC RETIREMENT ADMINISTRATIVE ASST $3,893.65 $4,732.76 97WB RETIREMENT COUNSELOR I F $3,317.88 $4,237.07 97VC RETIREMENT COUNSELOR If F $3,828.66 $4,886.45 Attachment D AFSME Local 2700 Class & Salary Listing Effective October 1, 2005 General Clerical Unit(cont) Flex Staff(F)! Class Code Class Title Deep Class (D) Min Salary Max Salary 97TB RETIREMENT COUNSELOR III F $4,415.38 $5,635.27 97VA RETIREMENT MEMBER SERV TECH $3,030.85 $4,264.71 97TD RETIREMENT OFFICE SPECIALIST $3,030.85 $4,264.71 97T1 RETIREMENT OFFICE SPECIALIST-P $3,030.85 $4,264.71 J9WA SEASONAL CLERK $2,143.19 $2,605.07 J3X2 SECRETARY-ADVANCE LEVEL-PRJ D- Res#83/593 $3,346.63 $4,283.97 J3TG SECRETARY-ADVANCED LEVEL D:Res#83/593 $3,346.63 $4,283.97 J3TE SECRETARY-CLERK OF THE BOARD $3,346.63 $4,283.97 J3TF SECRETARY-JOURNEY LEVEL D- Res#83/593 $2,899.05 $3,996.38 J3X1 SECRETARY-JOURNEY LEVEL-PROD D-Res#83/593 $2,899.05 $3,996.38 J3T9 SECRETARY-PROJECT D- Res#83/593 $2,654.52 $4,243.64 JWT2 SENIOR CLERK-PROJECT $2,848.65 $3,637.84 JWTA SR LEGAL COORDINATOR $3,674.10 $4,691.98 VNTD SR MEDICAL REC TECHNICIAN $3,334.34 $4,258.10 V9TD SR PATIENT FINANCIAL SVCS SPEC $3,654.57 $4,442.16 SFHC TAX DEFAULT REAL PROP TECH $3,805.99 $4,626.20 J9WG TRANSLATOR $2,375.65 $2,887.62 JWW4 TYPIST CLERK-PROJECT $2,143.19 $2,605.07 AJ7A WORKERS COMP CLAIMS TECHNICIAN $3,426.78 $4,165.27 ATTACHMENT E LOCAL 2700 LABOR COALITION-2005 NEGOTIATIONS Local#1 MOU Local#1 FACS Unit MOU AFSCME Local 512 MOU AFSCME Local 2700 MOU SEW Local 535 RANK& FILE MOU SEW Local 535 SUPERVISORY MOU WCE MOU PDOCC MOU . MEDICAUDENTAULIFE INSURANCE ADJUSTMENTS Coverages Offered The County offers the following plans: Contra Costa Health Plans (CCHP)A&B, Kaiser, HealthNet HMO, HealthNet PPO, Delta and PMI Delta Care Dental. Co-Pays Effective January 1, 2007 the co-pays will increase as follows: CCHP A: No change CCHP B: No change KAISER: $10 Office Visit $10 Generic RX $20 Brand RX $10 Emergency Room HEALTHNET HMO &PPO: $10 Office Visit $10 Generic RX $20 Formulary RX $35 Non-Formulary RX $25 Emergency Room Delta Dental Plan Enhancements Effective January 1, 2007 dental sealants will be provided to eligible dependent children in accordance with the provisions under the Delta Dental Plan. Life Insurance Effective January 1, 2007 increase coverage from $7500 to$10,000 for employees enrolled in either a health and/or dental plan. The County shall provide the health and dental plans subventions as follows: HEALTH PLAN SUBVENTION: CCHP A: 98% CCHP B: 90% KAISER: 80% ATTACHMENT E LOCAL 2700 HEALTHNET HMO: 80% HEALTHNET PPO: 2006 60.82%-The County and Coalition will equally share (50/50)the amount of any premium increases 2007 59.39% -The County and Coalition will equally share (50/50)the amount of any premium increases DENTAL PLAN SUBVENTION: Delta Dental/CCHP A/B 98% PMI Dental Care/CCHP A/B 98% Delta Dental 78% PMI Delta Dental 78% at 3 year rate guarantee Dental Only County pays all but$.01 i Attachment F SIDE LETTER 2005-2DD6 COALITION NEGOTIAT)ONS Presented .11y4996 LOCAL#1 MOU LOCAL#1 FACS UNIT MOU AFSCME LOCAL 512 MOU AFSCME LOCAL 2700 MOU SEW LOCAL 535 RANK & FILE MOU SEIU LOCAL 535 SUPERVISORY MOU COALMON SIDE LEITER Section A. MANAGEMENTILABOR COMMITTEE Local 1, SEIU 535, AFSCME 2700, AFSCME 512, and County agree to establish a Managementfl-abor Committee, hereinafter referred to as "Committee', to meet on issues pertaining to temporary and eord act employees, student internstworkem, and agency temporary employees ("temporary employees"). The Committee's duties and structure shall be as fogows: 1) Committee membership shall consist of four(4) County Managers, and four(4) Union RepresentativesBusiness Agents. Such managers shall be at the level of Department Head or designee; any designee shat(be at the Assistant Director or Deputy Director level. 2) The Committee shag agree on rules and policies that will govern the committee's work and procedures. 3) Committee meetings will begin September 1, 20D5 (or 9 9_ mwghs upon ratification of MOU whichever occurs€rrst later), and continue until March 31, 2DD6. 4) The Committee shag review the current use of temporary employees including department practices, County policies and applicable Memoranda of Understanding in an effort to develop recommendations to the Board of Supervisors on the future use of ternporary employees, inc k ling converting such employees to permanent positions, establishing or ending funding for such positions within recommended timelines. 5) in the event the Committee determines that A is necessary to meet and confer to . make changes to current memoranda of understanding, County polus, or clVartment practices, S°cbon B below shag apply. 6) As a good faith effort on the part of the County,the Board of Supervisors agree to cited the County Administrative Officer(CAO) to review employees in a.tamporary status taking into account budget considerations, length of seMce„ program nerds and oftar relevant factors, and make recommendations to the Board for the conversion of the equivalent of tan (10) F7E temporary employees to the equivalent of tan (10)ful time permanent positions efFec&e no later than December 31, 2DD3. The CAO shag submit the equivalart of additional ten (1 Q) FTE temporary employees to the Board for conversion to the equivalent of ten (1 Q) fug time permanent positions effective no later than Juty 1, 2DD7. Page 1 of 2 Attachment F SIDE LETTER 2005-2006 GOALITION NEGOTIATIONS PresenW July 31, 2006 7) The Committee shall produce a report on their findings and agreed upon recommendations along with time frames for implementation of any changes upon conclusion of their work, and submit such report to the Board of Supervisors for approval, no later than the expirafion date of the MOU. Section B. MEET AND CONFER OBLIGATIONS 1. in the event the Committee-needs to change or modify Memoranda of Understanding, County policies subject to meet and confer requirements, or established past practices, the County and participating unions shall meet and corder regarding the changes. 2. Any mod cation to the existing MOU must be agreed to by the parties and subject to each union's ratification process and must be approved by the Board of Supervisors. 3. If agreement cannot be reached, a mediator may be used in an attempt to reach agreement Section C. LOCAL 1 MEET AND CONFER OBLIGATIONS 1. The county and Local 1 agree to meet and confer regarding Section 53, Subsection A Temporary EmDlovees. Such meetings shall begin October 1, 2006. Section D. LOCAL#1 WITHDRAWAL of GRIEVANCES AND RELATED ACTIONS ' Local #1 agrees to withdraw without prejudice all pending grievances and any other related actions that involve the County's use of temporary employee upon adoption of this agreement by the Board of Supervisors. This letter of agreement shat terminate autocratically ong&P (expiration of the MOU) unless specifically renewed in a new successor MOU between thd C6unty and Union. Date: 863 /oG FOR THE COUNTY: FOR THA COA. kA Pt: I-1i Z1111., y c Page 2 of 2 zk! ATTACHMENT G Tentative Agreennent LABOR PROPOSAL NO. 21 2005 COALITION NEGOTIATIONS Presented: August 3, 2006 LOCAL #1 MOU LOCAL #1 FACS UNIT MOU AFSCME LOCAL 512 MOU AFSCME LOCAL 2700 MOU WCE MOU PDOCC MOU Incorporate Deep Class and Flexibly Staffed Resolutions For all affected labor organizations, the County shall identify in the MOUs which classes are subject to a Deep Class or Flexibly Staffed Resolution and identify the resolution by number. Date: 3 ID�9 FOR THE COUNTY: FOR THE COALITION: b L.. ���• C+4"linrL Page 1 of 1 EXHIBITS (INFORMATION/REFERENCE ONLY) t EXHIBIT I Cwtra _ . Personnel Department Gala `j, Administration Bldg. 651 Pine Street CW* Martinez.California 94553-1292 DATE: April 14,.1992 TO: Department Heads FROM: Harry D. Cisterman, Director of Personne / SUBJECT: Employee Concerns The employees of many departments are concerned about timely.response to their inquiries/filings regarding the following; A. Vacation Requests All department heads are to advise all managers and first line supervisors to respond to employee vacation requests within ten (10) calendar days of the receipt for vacation leave. B. Compensatory Time Off in Lieu of Overtime Pay In accordance with the Provisions of the M.O.U. between the County and AFSCME, Council 57, employees represented by the Union have the option of receiving overtime for time worked in excess of the regular work schedule or receiving compensatory time credit. Please insure that all managers and first line supervisors are informed of this option. C. Job Performance Deficiencies Advise all managers and first line supervisors that job performance deficiencies should be called to the attention of the employee as soon as discovered and documented as far in advance of the final period of a . performance evaluation- (probation) as possible. Additionally, employees represented by AFSCME, Council 57 should be allowed reasonable -use of a County FAX machine to receive and transmit necessary documents to the local Union Office. Thank you for your cooperation. HDC:sd cc: Local 2700 Local 512 i MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND PUBLIC EMPLOYEES UNION, LOCAL ONE OCTOBER 1 , 2005 - SEPTEMBER 30, 2008 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND PUBLIC EMPLOYEES UNION LOCAL# 1 This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of Board of Supervisors' Resolution 81/1165 and has been jointly prepared by the parties. The Labor Relations Manager (County Administrator) is the representative of Contra Costa County in employer-employee relations matters as provided in Board of Supervisors' Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Union is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. This MOU shall be presented to the Contra Costa County Board of Supervisors, as the governing board of the County and appropriate fire districts, as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1, 2005 and ending September 30, 2008. Special provisions and restrictions pertaining to Project employees covered by this MOU are contained in Attachment A which is attached hereto and made a part hereof. DEFINITIONS DEFINITIONS Appointing Authority: Department Head unless otherwise provided by statute or ordinance. Class: A group of positions sufficiently similar with respect to the duties and responsibilities that. similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group. Class Title: The designation given to a class, to each position allocated to the class, and to the employees allocated to the class. Coun : 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 classes. Director of Human Resources: The person designated by the County'Administrator to serve as the Assistant County Administrator-Human Resources Director. 4 Eligible: Any person whose name is on an employment or reemployment or.layoff list for a given class. Employee: A person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this MOU and whose position is held pending his return. Employment List: A list of persons who have been found qualified for employment in a specific class. Layoff List: A list of persons who have occupied positions allocated to a class in the Merit System and who have been involuntarily separated by layoff or disp'llacement or demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement, or have transferred in lieu of layoff or displacement. Permanent-Intermittent Position: Any position which requires the services of an incumbent for an indefinite period, but on an intermittent basis, as needed, paid on an,'i hourly basis. Permanent Part-Time Position: Any position which will require the services of an incumbent for an indefinite period, but on a regularly scheduled less than full-time basis. Permanent Position: Any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. Project Employee: An employee who is engaged in a time limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may. be funded from County revenues. Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under Transfer or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classes. LOCAL.NO. 1 - 2 - 2005-2008 MOU SECTION 1 - UNION RECOGNITION Position: The assigned duties and responsibilities calling for the regular full-time, part-time or intermittent employment of a person. Reallocation: The act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five percent (5%) of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. Reclassification: The act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such position. Reemployment List: A list of persons who have occupied positions allocated to any class in the merit system and who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. Resignation: The voluntary termination of permanent employment with the County. Temporary Employment: Any employment in the Merit System which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. Transfer: The change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on the salary plan that is within five percent (5%) at top step as the class previously occupied by the employee. Union: Local One SECTION 1 - UNION RECOGNITION The Union is the formally recognized employee organization for the representation units listed below, and such organization has been certified as such pursuant to Board of Supervisors' Resolution 81/1165. Agriculture and Animal Services Unit Attendant-LVN-Aide Unit Building Trades Unit Deputy Public Defenders Unit Engineering Unit Family and Children's Services General Services and Maintenance Unit Health Services Unit Investigative Unit Library Unit Probation Unit SECTION 2 - UNION SECURITY 2.1 Dues Deduction. Pursuant to Board of Supervisors' Resolution 81/1165, only a majority representative may have dues deduction and as such the Union has the exclusive privilege of dues deduction or agency fee deduction for all employees in its units. LOCAL NO. 1 - 3 - 2005-2008 MOU SECTION 2 - UNION SECURITY 2.2 Agency Shop. A. The Union agrees that it has a duty to provide fair and non-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 Union.. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU , shall as a condition of employment either: 1. Become and remain a member of the Union or; 2. Pay to the Union, an agency shop fee in an .amount which does not exceed an amount which may ,be lawfully collected under applicable constitutional, statutory, and case law, which 'under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of the Union to determine an agency shop fee lwhich meets the above criteria; or 3. Do both of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting. any public employee organization as a condition of employment; and b. Pay a sum equal to the agency shop fee described in Section 2.2.6.2 to a non-religious, non-labor; cha bitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council'; and Battered Women's Alternative. C. The Union shall provide the County with a copy of the Union's Hudson Procedure for the determination and protest of its agency shop fees. The Union shall provide a copy of said Hudson Procedure to every fee payer covered by this MOU within one month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by an employee to invoke the Union's Hudson Procedure within one month`after actual notice of the Hudson Procedure shall be a waiver by the employee of.their right to contest the amount of the agency shop fee, The provisions of Section 2.2.B.2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff, and leave of absence with a duration of more than thirty (30) days. E. Annually, the Union shall provide the Human Resources Director with copies of the financial report which the Union annually files with the California Public Employee Relations Board. Such report shall be available to employees in'the unit. Failure to file such a report within sixty (60) days !`after the end of its fiscal year shall result in the termination of all agency shop fee deductions without LOCAL NO. 1 - 4 - 2005.2008 MOU SECTION 2 - UNION-SECURI TY jeopardy.to any employee, until said report is filed, and upon mutual agreement, this time limit may be extended to one hundred twenty (120) days. F. Compliance. 1. An employee employed in or hired into a job class, represented by the Union shall be provided with an Employee Authorization for Payroll Deduction card by the Human Resources Department. 2. If-the form authorizing payroll deduction is not returned within thirty (30) calendar days after,notice of this agency shop fee provision and the union dues, agency shop fee, initiation fee or charitable-contribution required under.Section 2.2.B.3 are not received, the Union may, in writing, direct that the County withhold the agency shop fee and the initiation fee from theemployee's,salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Union. G. The Union shall indemnify, defend, and save the County harmless against any and all;claims, demands, suits,.orders, or judgments, or other forms of liability that arise out of or by reason of this union security section, or action taken or not taken by the County under this Section. This includes, but is not limited to, the County's attorneys' fees and costs. The provisions of this subsection shall not be subject to the grievance procedure following the adoption of this MOU by the County Board of Supervisors. H. The County Human Resources Department shall monthly furnish a list of all new, hires to the Union. I. In the event that,employeesin a bargaining unit represented by the Union vote to rescind agency shop, the provisions of Section*2.4 and 2.5 shall apply to dues-paying members of the Union. 2.3 Dues Form.'Employees hired. on or after October 1; 1981, in classifications assigned to units represented by the Union shall, as a condition of employment, complete a Union dues,authorization. card provided by the Union, and shall have,deducted from their paychecks the membership dues of the Union. Said employees shall have thirty (30) days from the date of hire to decide if he/she does not want to become a member of the Union. Such decision not to become a member of the Union must be made,in writing to the Auditor-Controller with a copy to the Labor Relations Service Unit.within said thirty (30) day period. If the employee decides not to become a member of the Union, any Union dues previously deducted from the employee's,paycheck.shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to the Union. If the employee does not notify the County in writing''.of the decision not to become a member within the thirty(30) day period, he/she shall be deemed to have voluntarily agreed to pay the dues of the-Union. Each such dues authorization form referenced above'shall include a statement that the Union and the County have entered into a• MOU,,that the employee is required to authorize payroll deductions of Union dues as a condition of employment, and that such authorization may be revoked within the' first thirty (30) days of, employment upon proper written' notice by the employee within said thirty (30) day period as set forth above. Each such, employee shall, upon completion of,the authorization form, receive a copy of said authorization form.which shall be deemed proper notice of his/her right to revoke said authorization. LOCAL NO. 1 = 5.- 2005-2008 MOU -SECTION 2 - UNION,SECURITY 2_4 Maintenance of Membership. Allemployees in units represented by the Union who are currently paying dues to the Union and all employees in such,units who, hereafter become members of the Union shall as a condition,of continued employment pay dues to the . Union for the duration of this MOU and;:each year thereafter so long as the Union continues to represent the position to which the employee is.assigned, unless the`employee.has exercised the option to cease paying dues in accordance with Section 2.5. 2:5 Withdrawal of Membership.. By notifying the Auditor-Controller's Department in writing, between August 1 and August 31, 2005, any employee may withdraw from Union 'membership and discontinue paying dues as of the payroll period commencing September. 1, 2005 discontinuance of dues payments to then be reflected in the October 10, 2005 paycheck. Immediately upon-close of the above mentioned thirty (30) day period the Auditor-Controller shall submit to-the.Union a list of the employees who have rescinded •their authorization for dues deduction.•This;can only be accomplished if and when agency shop would be rescinded. 2.6 :,:Communicating- With ' Employees. The Union.. shall be allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of offices in which there are employees represented by the Union, provided the communications displayed. have to 1 do with official organization business such as times and places of-meetings and further,provided that the employee organization appropriately posts and removes the information. The department head reserves the right.,to remove objectionable materials after notification to and discussion with the Union. Representatives 'of-the Union, not. on County .time, `shall be permitted to place a supply of employee literature at specific locations in County buildings if:arranged through the Department Head or designated representative; said representatives may distribute employee organization literature in work-areas (except work areas not open to the public) if the nature of the literature and the proposed method of distribution are compatible with the work'environment and work in progress. Such placement-and/or distribution shall not be performed by`on=duty employees. The, Union shallbe allowed access to work locations-in-which it represents employees for the following purposes: a.. To post literature on bulletin boards. b To arrange for use of a meeting.room. c. ,To leave and/or distributea supply of literature as indicated'above. d. To represent an employee on a grievance and/or to contact a union officer on a.. matter within the scope of representation. In the application of this provision, it is agreed: and understood that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason for the visit, will be made with the departmental representative in charge of the work area,.and the visit will not interfere with County services. 2.7, Use of County.Buildings. The Union shall be allowed the use of areas normally used for meeting purposes for meetings of County employees during non-work'hours when: a. Such space is available. b. There is no additional cost to the County. LOCAL NO. 1 - 6 = 2005-2008 MOU SECTION 2 - UNION SECURITY C. It does not interfere with normal County operations. d. Employees in attendance are not on duty and are not scheduled for duty. e. The meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Union shall maintain proper order at the meeting, and see that the space is left in a clean and orderly condition. The use of County equipment (other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even though it may be present in the meeting area. 2.8 Advance Notice. The Union shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions appointed by the Board, and to meet with the body considering the matter. The listing of an item on a public agenda, or the mailing of a copy of a proposal at least seventy- two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four(24) hours before the item will be heard, shall constitute notice. In cases of emergency when the Board, or boards and commissions appointed by the Board, determines it must act immediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical after its action. 2.9 Written Statement for New Employees. The County will provide a written statement to each new employee hired into a classification in any of the bargaining units represented by the Union, that the employee's classification is represented by the Union and the name of a representative of the Union. The County will provide the employee with a packet of information which has been supplied by the Union and approved by the County. The County shall provide an opportunity for the Union to make a fifteen (15) minute presentation at the end of the Human Resources Department's new employee orientation meetings. 2.10 Assignment of Classes to Bargaining Units. The County shall assign new classes in accordance with the following procedure: a. Initial Determination. When a new class title is established, the Labor Relations Manager shall review the composition of existing representation units to determine the appropriateness of including some or all of the employees in the new class in one or more existing representation units, and within a reasonable period of time shall notify all recognized employee organizations of his/her determination. b. Final Determination. His/her determination is final unless within ten (10) days after notification a recognized employee organization requests in writing to meet and confer thereon. C. Meet and Confer and Other Steps. He/she shall meet and confer with such requesting organizations (and with other recognized employee organizations where appropriate) to seek agreement on this matter within sixty (60) days after the ten (10) day period in Subsection b, unless otherwise mutually agreed. Thereafter, the procedures in cases of disagreement, arbitration referral and LOCAL NO. 1 - 7 - 2005-2008 MOU SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT(ADA) expenses, and criteria for determination shall conform;to Board of Supervisor's Resolution'81/1165. 2.11. Section 18 of 1977-79 MOU. Section 18 of the 1977-1979 MOU between the County and Local No. 1 shall be continued for the duration of this MOU and shall be applicable to.all,units currently represented by Local No. 1. . SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA) There shall be no discrimination because of sex, race, creed, color, national origin, sexual orientation or union activities against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable. State and Federal law there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established for the position or'from carrying out the . duties of the position safely. The Employer and the Union recognize that the Employer has an``obligation to reasonably accommodate disabled employees. If by reason of the aforesaid requirement the Employer contemplates' actions to provide reasonable accommodation to an individual -employee in compliance with the ADA which are in conflict with any provision of this Agreement, the Union will be advised of such proposed accommodation. Upon request, the County will meet and confer with the Union on the impact of such accommodation. If the County and the Union do not reach agreement, the County may implement the accommodation if required by law without further negotiations. Nothing in this MOU shall preclude the County from. taking actions necessary to comply with the requirements of ADA. SECTION 4 -SHOP STEWARDS & OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetings. Employees designated as shop stewards or official representatives of the Union shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: a. If their attendance is required by the County at a specific meeting, including meetings of the Board of Supervisors. 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 25 - Grievance Procedure of this MOU. d. If they are designated as a shop steward, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance provided the meetings are scheduled at reasonable times agreeable to all parties. e. If they are designated as spokesperson or representative of the Union and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's work station or assignment are made with the appropriate department head, and the County agency calling the meeting is LOCAL.NO. 1' - - 8 - 2005-2008 MOU SECTION 5 - SALARIES responsible for determining that the attendance of the particular employee(s) is required, including meetings of the Board of Supervisors and Retirement Board where items which are within the scope of representation and involving Local No. 1 are to be discussed. f. Shop stewards and union officials shall advise, as far in advance as possible, their immediate supervisor, or his/her designee, of their intent to engage in union business. All arrangements for release time shall include the location, the estimated time needed and the general nature of the union business involved (e.g. grievance meeting, Skelly hearing). 4.2 Union-Sponsored Training Programs. The County shall provide a maximum of three hundred twenty (320) hours per year of release time for union designated stewards or officers to attend union-sponsored training programs. Requests for release time shall be provided in writing to the Department and the County Human Resources Department at least fifteen (15) days in advance of the time requested. Department Heads will reasonably consider each request and notify the affected employee whether such request is approved within one (1) week of receipt. 4.3 Union Representatives. Official representatives of the Union shall be allowed time off on County time for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Labor Relations Manager or other management representatives on matters within the scope of representation, provided that the number of such representatives shall not exceed the below specified limits without prior approval of the Labor Relations Officer, and that advance arrangements for the time away from the work station or assignment are made with the appropriate Department Head. Agriculture and Animal Services 2 Attendant-LVN-Aide 2 Building Trades 2 Deputy Public Defenders 1 Engineering 2 Family and Children's Services 2 General Services and Maintenance 6 Health Services 5 Investigative 2 Library 2 Probation 2 SECTION 5 -SALARIES 5.1 General Wage Increases. A. Cost of Living Adjustment. Effective on the dates indicated, each represented classification shall be increased as indicated. July 1, 2007: 2% increase July 1, 2008: 2% increase Employees designated as safety employees (for retirement purposes) will receive the following wage increases: October 1, 2002: 5.0% (less a 2.25% deduction for retirement benefits) LOCAL NO. 1 - 9 - 2005-2008 MOU f SECTION 5 - SALARIES October 1,.2003: 5.0% (less a 2.25% deduction for retirement benefits) October 1, 2004: 5.0% (less a 2.25% deduction for retirement benefits) October 1, 2005: 5.0% (less a 2.25% deduction for retirement benefits) Employees who did not receive a negotiated wage increase during FY 05/06 and were employed on January 1, 2006 and are currently employed upon adoption of the MOU by the Board of Supervisors, will receive a one time payment of $1500 prorated for permanent part-time, permanent intermittent, and temporary employees. The proration will be based on $.72/hour for each straight,time hour worked or in paid status during the period July 1, 2005 to June 30, 2006. Payment of this one-time lump sum payment will be made on the November 10, 2006. B. Longevity Pay., Effective July 1, 2008, employees at ten (10) years of County service shall receive a two and one-half percent (2.5%) longevity pay differential. C. Special Equity Adjustments. In addition to the increases noted above in A, the classes listed below shall be received the following iincreased on the dates indicated by the percentages.indicated: Class Percent Date Building Inspector I & II 5.0 1/1/07 Building Plan Checker I & II 5.0 1/1/07 Cardiology Technician l & II 1.0 7/1/06 Clinical Lab Technician 1.0 7/1/06 Clinical Psychologist 1.0 7/1/07 & 2.14 7/1/08 Deputy Public Defender ll, III, IV 2.5 7/1/06& 2.5 7/1/07 Environmental Health Specialist Trainee 5.0 7/1/06 Environmental Health Specialist I & II 5.0 7/1/06 Forensic Toxicologist I, II, III 2.5 7/1/06 2.5 7/1/07 & 2.0 7/1/08 Grading Inspector I & II 5.0 1/1/07 . Lead Painter 1.9 7/1/06 Lead Carpenter 1..9 7/1/06 Lead Electronic Systems Specialist 4.4 7/1/06 Lead Stationary Engineer 5.0 4/1/07 Mental Health Clin .Spec. (licensed&and unlicensed) 1.0 7/1/07 & 2.14 7/1/08 Mental Health Specialist I & II 1.0 7/1/07 & 2.14 7/1/08 Occupational Therapist I & II 7.0 7/1/06 Outpatient Lab Technicians 1.0 7/1/06 Pharmacist I & 11 3.0 7/1/06 & 1.0 7/1/07 Physical Therapist I & 11 7.0 711/06 Public Defender Investigator I & II " 5.0 7/1/06 & 5.0 7/1/07 Resp. Care Practitioner I & II 1.0 7/1/06 Senior Building Inspector 5.0 1/1/07 Senior Grading Inspector 5.0 1/1/07 Senior Plan Checker 5.0 1/1/07 Senior Radiologic Technologist 1.0 7/1/06 Stationary Engineer 5.0 4/1/07 LOCAL NO. 1 - 1,0 - 2005-2008 MOP SECTION 5 - SALARIES Stationary Engineer-System Spec. I & II 5.0 4/1/07 Sterile Processing Technician 1.0 7/1/06 Surgical Technician 1.0 7/1/06 Ultrasound Technologist I & II 1.0 7/1/06 The County agrees to perform an independent classification and compensation study on the position of Weatherization Home Repair Specialist by 12/31/06. The County will implement the recommendation of the independent study. 5.3 Entrance Salary. Except as otherwise permitted in deep class resolutions, new employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range if mutually agreeable guidelines have been developed in advance or the Human Resources Director offers to meet confer with the Union on a case by case basis each time prior to formalizing the appointment. 5.4 Anniversary Dates. Except as may otherwise be provided for in deep class resolutions, anniversary dates will be set as follows: a. New Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee successfully completes six (6) months service provided however, if an employee began work on the first regularly scheduled workday of the month the anniversary date is the first day of the calendar month when the employee successfully completes six (6) months service. b. Promotions. The anniversary date of a promoted employee is determined as for a new employee in Subsection 5.4.a above. C. Demotions. The anniversary of a demoted employee is the first day of the calendar month after the calendar month when the demotion was effective. d. Transfer. Reallocation & Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary range or to a salary range which is within five percent (5%) of the top step of the previous classification, remains unchanged. e. Reemployments. The anniversary of an employee appointed from a reemployment list to the first step of the applicable salary range and not required to serve a probation period is determined in the same way as the anniversary date is determined for a new employee who is appointed the same date, classification and step and who then successfully completes the required probationary period. f. Notwithstanding other provisions of this .Section 5, the anniversary of an employee who is appointed to a classified position from outside the County's merit system at a rate above the minimum salary for the employee's new class, or who is transferred from another governmental entity to this County's merit system, is one (1) year from the first day of the calendar month after the calendar month when the employee was appointed or transferred; provided however, when the appointment or transfer is effective on the employee's first regularly scheduled LOCAL NO. 1 - 11 - 2005-2008 MOU SECTION 5 - SALARIES work day of that month, his/her anniversary date is one (1) year after the first calendar day of that month. 5.5 Increments Within Range. The performance of each employee, except those of employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5.4 to determine whether the salary of the employee shall be advanced to the next higher step in the salary range. Advancement shall be granted on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend denial of the increment or denial subject to one additional review at some specified date before the next anniversary which must be set at the time the original report is returned. Except_as herein provided, increments,within range shall not be granted more frequently than once a year, nor shall more than one (1) step within range increment be granted at one time, except as otherwise provided in deep class resolutions. In case! an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review at some date before the next anniversary the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory.on the County. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 5.6 Part-Time Compensation. A part-time employee shall be paid a monthly salary in the same ratio to the full-time monthly rate to which the employee would be entitled as a full- time employee under the provisions of this Section 5 as the number'of hours per week in the employee's part-time work schedule bears to the number.of hours in the full-time work schedule of the department. 5.7 Compensation for Portion of Month. Any employee who works less than any full calendar month, except when on earned vacation or authorized sick leave, shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such':,employee's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis. 5.8 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule.as is the class of the position before it was reclassified, shall be paid at the same step of the range as the employee received under the previous classification. An incumbent of a position which is reclassified to a-class which is allocated to a lower range of the basic salary schedule shall continue to receive the same salary as before the ,reclassification, but if such salary is greater than the maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be'!'reduced to the maximum salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater than the range of the class of the position before it was reclassified shall be governed by the provisions of Section 5.10- Salary on Promotion. 5.9 Salary Reallocation &Salary on Reallocation. A. In a general salary increase or decrease, an employee in a class which is reallocated to a salary range above or below that tol which it was previously LOCAL. NO. 1 - 1.2 - 2005-2008 MOU SECTION 5 - SALARIES allocated, when the number of steps remain the same, shall be compensated at the same step in the new salary range the employee was receiving in the range to which the class was previously allocated. If the reallocation is from one salary range with more steps to a range with fewer steps or vice versa, the employee shall be compensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before reallocation to the top step of the old range, but in no case shall any employee be compensated at less than the first step of the range to which the class is allocated. B. In the event that a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in Section 5.9.A above, each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. In the event that the steps in the new range do not contain the same rates as the old range, each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range, or if the new range does not contain a higher step, at the step which is next lower than the salary received in the old range. C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as above or below the salary range of the employee's previous class, the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallocation. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be 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. D. In the event of reallocation to a deep class, the provisions of the deep class resolution and incumbent salary allocations, if any, shall supersede Section 5.10. 5.10 Salary on Promotion. Any employee who is appointed to a position of a class allocated to a higher salary range than the class previously occupied, except as provided under Section 5.14, shall receive the salary in the new salary range which is next higher than the rate received before promotion. In the event this increase is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is at least five percent (5%) greater than the next higher step; provided however that the next step shall not exceed the maximum salary for the higher class. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in a decrease in which case the employee is appointed to the next higher step. If however, the employee is being appointed into a class allocated to a higher salary range than the class from which the employee was laid off, the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee's current step, whichever is higher. 5.11 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.12, 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 lower than the salary received before demotion. In the event this decrease is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less LOCAL NO. 1 - 13 - 2005-2008 MOU SECTION 5 - SALARIES than the next lower step; provided, however, that the next step shall not be less than the minimum salary for the lower class. Whenever the demotion is the result of layoff, cancellation of. positions or displacement by another employee with greater seniority rights, .the salary of the demoted employee shall be that step on the salary range which he/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. 5.12` Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a position in a-class having a salary schedule lower than that of the.class from which he or she demotes, 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 at the step next below former salary. 5.13 Salary on Transfer. An employee who is transferred from one position to another as described under Transfer shall be placed at the step in the salary range of the new class which equals the rate of pay received before the transfer. In the event that the steps in the range for the new class do not contain the same rates.as the range for the old class, the employee shall be placed at the step of the new range which is next above the salary rate received in.the old range; or if the new range does not contain a higher step, the employee shall be placed at the step which is next lower than the salary received,inthe old range. Whenever a permanent employee transfers to or from a deep class, as provided in the appropriate deep class resolutions, the salary of the employee shall be set as provided in the deep class resolution_s at a step not to exceed a five percent (5%) increase in the employee's base salary: However, if the deep class transfer occurs to or from a deep class with specified levels identified for certain positions and their incumbents, the employee's salary'in the' new class shall be set in accordance with the section on Salary on Promotion if the employee is transferring to another class or to a.level in a deep class for which the salary is at least five percent (5%) above the top base step of the deep class level or class in which they have status currently. 5.14 - , Pay for Work in Higher Classification. When an employee in a permanent position in the merit system or an employee in the Family and ChildreNks Service Unit is required to work in a classification for which the compensation is greater than that to which the employee is regularly assigned, the employee shall receive compensation for such work at the rate of:pay established for the higher classification pursuant to Subsection 5.101; Salary on Promotion of this Memorandum, at the start of.the second full day in the assignment, under the following conditions. Payment shall be made retroactive after completing the first forty (40) consecutive hours worked in the higher classification. a. When an employee is assigned to a program, service dor activity established by the Board of Supervisors which is reflected in an authorized position which has been classified and assigned to the Salary Schedule. b. The nature of the departmental assignment is such that the employee in the lower classification.performs a;majority of the duties and responsibilities of the position of the higher classification. C. Employee selected for the assignment will normally be expected to meet the minimum qualifications,for the higher classification. d. The County shall make reasonable efforts to offer out_of class assignments to all interested employees on a voluntary basis. Pay for work in a higher classification shall not be utilized as a promotional procedure provided-in this Memorandum. LOCAL.NO. 1 - 14 - 2005-20.08 MOU SECTION 6 - DAYS AND HOURS OF WORK e. Higher pay assignments shall not exceed six (6) months except through reauthorization. f. If approval is granted for pay for ,work in a higher classification and the assignment is terminated and later re-approved for the same employee within one hundred eighty days (180) no additional waiting period will be required. g. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential and hazardous duty differential) accruing to the employee in his/her permanent position shall continue. h. During the period of work for higher pay in a higher classification, an employee will retain his/her permanent classification, and anniversary and salary review dates will be determined by time in that classification; except that if the period of work for higher pay in a higher classification exceeds one year continuous employment, the employee, upon satisfactory performance in the higher classification, shall be eligible for a salary review in that class on his/her next anniversary date. Notwithstanding any other salary regulations, the salary step placement of employees appointed to the higher class immediately following termination of the assignment, shall remain unchanged. i. Allowable overtime pay, shift differentials and/or work location differentials will be paid on the basis of the rate of pay for the higher class. 5.15 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the preceding month; provided however, that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his/her warrant upon the Treasurer in favor of such employee. The advance shall be 'in an amount equal to one-third (1/3) or less (at the option of the employee) of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. The election to receive the advance shall be made on the prescribed form (form M-208, revised 5/81) and submitted by the fifteenth (15th) of the month to the department payroll clerk who will forward the card with the Salary Advance Transmittal/Deviation Report to the Auditor-Controller payroll section. Such an election would be effective in the month of the submission and would remain effective until revoked. In the case of an election made pursuant to this Section 5.15 all required or requested deductions from salary shall be taken from the second installment, which is payable on the tenth (10th) day of the following month. SECTION 6 - DAYS AND HOURS OF WORK 1. The normal work week of County employees is forty (40) hours between 12:01 a.m. Monday to 12:00 midnight Sunday, usually five (5) eight (8) hour days; for twenty-four (24) hour shift employees of the Health Services Department, the normal work week is forty (40) hours between 12:01 a.m. Sunday to 12:00 midnight Saturday. However, where operational requirements of a department require deviations from the usual pattern of five (5) eight (8) hour LOCAL NO. 1 - 15 - 2005-2008 MOU SECTION 7 - OVERTIME AND COMPENSATORY TIME days per work week, an employee's work hours may be scheduled to meet these requirements. The Department Head shall prepare written schedules in advance to support all deviations encompassing the complete operational cycle contemplated. 2. The work week for employees in the 4/10 shift is four (4) ten (10) hour working days during a work week consisting of any seven (7) day period. If the County wants to eliminate any existing 4/10 shift and substitute a 5/8 shift or to institute a 4/10 shift which does not allow for three (3) consecutive-days off (excluding overtime days or a change of shift assignment),-or change existing work schedules or existing hours of work, it will meet and confer with the Union prior to implementing said new shift or hours change. This obligation does not apply where there is an existing system for reassigning employees to different shifts or different starting/stopping times. Nothing herein prohibits affected employees and their supervisor from mutually agreeing on a change in existing hours of work provided . other employees are not adversely impacted. 3. Work Schedule Re-Opener. The parties agree to reopen the work schedule provisions of the Memorandum of Understanding for the purpose of ensuring consistent practices among the departments and compliance with appropriate regulatory requirements. Any changes to the MOU and/or past practice except those necessitated by legal requirements shall be subject to agreement by both parties. If the County believes a change is necessitated by legal requirements, it shall notify the Unions of the change and the legal basis thereof. The County shall offer to meet with the Union before the County,implements such change. SECTION 7 -OVERTIME AND COMPENSATORY TIME 7.1 Overtime. Overtime is.any authorized work performed in excess of forty (40) hours per week or eight (8) hours per day. Overtime for 4/10 shift' employees is any work performed beyond ten (10) hours per day or forty (40) hours per week. All overtime shall be compensated for at the rate of one and one-half (1-1/2) times the employee's base rate of pay (not including shift and other special differentials). Overtime for permanent employees is earned and credited in a minimum of one-tenth hour increments and is compensated by either payor compensatory time off': Employees entitled to overtime credit for holidays in positions which work around the clock (such as the County Hospital, the Sheriffs Office and Jails, and the Juvenile Hall and Boys' Ranch) shall be provided a choice as to whether they shall be paid at the overtime rate or shall receive compensatory time off at the rate of one and one-half (1-1/2) hours compensatory time off for each hour worked. Such compensatory time off, and the accumulation thereof shall-be in addition to the total vacation accumulation permitted under the terms of this MOU. The specific provisions of this accumulation are set forth in Section 12.5 of this MOU. Regular overtime for twenty-four (24) hour institutional employees may be accrued as compensatory time in accordance with Section 7.2 of this MOU. 7.2 Compensatory Time. The following provisions shall apply: a. Employees may periodically elect to accrue compensatory time off in lieu of overtime pay. Eligible employees must notify their Department Head or his or her designee of their intention to accrue compensatory tim&off or to receive overtime Pay at least thirty (30) days in advance of the change. b. The names of those employees electing to accrue compensatory time off shall.be. placed on a list maintained by the Department. Employees who become eligible (i.e., newly hired employees, employees promoting, demoting, etc.) for LOCAL NO. 1 -. 16 - 2005-2008 MOU SECTION 8 - CALL BACK TIME compensatory time off in accordance with these guidelines must elect to accrue compensatory time or they will be paid for authorized overtime hours worked. C. Compensatory time off shall be accrued at the rate of one and one-half (1-1/2) times the actual authorized overtime hours worked by the employee. d. Employees may not accrue a compensatory time off balance that exceeds one hundred twenty (120) hours (i.e., eighty (80) hours at time and one-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 (120) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked until the employee's balance again reaches one hundred twenty (120) hours. e. Accrued compensatory time off shall be carried over for use in the next fiscal year; however, as provided in d above, accrued compensatory time off balances may not exceed one hundred twenty (120) hours. f. The use of accrued compensatory time off shall be by mutual agreement between the Department Head or his/her designee and the employee. Compensatory time off shall not be taken when the employee should be replaced by another employee who would be eligible to receive, for time worked, either overtime payment or compensatory time accruals as provided for in this Section. This provision may be waived at the discretion of the Department Head or his or her designee. g. When an employee promotes, demotes or transfers from one classification eligible for compensatory time off to another classification eligible for compensatory time off within the same department, the employee's accrued compensatory time off balance will be carried forward with the employee. h. Compensatory time accrual balances will be paid off when an employee moves from one department to another through promotion, demotion or transfer. Said payoff will be made in accordance with the provisions and salary of the class from which the employee is promoting,demoting or transferring as set forth in i below. i. Since employees accrue compensatory time off at the rate of one and one-half (1-1/2) hours for each hour of authorized overtime worked, they shall be paid their accrued hours of compensatory time at the straight time rate of pay whenever: 1. The employee changes status and is no longer eligible for compensatory time off. 2. The employee promotes, demotes or transfer to another department. 3. The employee separates from County service. 4. The employee retires. j. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this Section. SECTION 8 -CALL BACK TIME LOCAL NO. 1 - 17 - 2005-2008 MOU SECTION 9 - ON-CALL DUTY Any employee who is called back to duty shall be paid at the appropriate rate for the actual time worked plus one (1) hour. Such employee called back shall be paid a minimum of two (2) hours at.the appropriate rate for each call back. SECTION 9 - ON-CALL DUTY On-call duty is any timeother than time when the employee is.actually.on duty during which an employee is-not required to be on County premises, but stand ready:to immediately report for duty and must arrange so that his/her,supervisor can reach him/her on ten (10) minutes notice or less. An employee assigned to on-call time shall be paid one (1) hour of straight time credit for each four (4) hours of such on-call time unless otherwise provided in the supplemental sections of this Agreement. Where on-call arrangements exist, the Department Head shall designate which employees are on-call unless otherwise provided in the supplemental sections of this Agreement. SECTION 10 -SHIFT DIFFERENTIAL In the hours which qualify for shift differential, employees shall receive five percent (5%) above their base salary rate. = To qualify for shift differential, an employee must have a regularly assigned daily work schedule which requires: a. Completion of more than one and one-half (1-1/2) hours over the normal actual working time; or b. ' At least four (4) hours of actual working time from:5:00 p.m. through 9:00 a.m. , inclusive. However, employees who have been regularly working a shift qualifying for shift differential immediately preceding the commencement of a vacation, paid sick leave period, paid disability or other paid leave, will have shift differential included in computing the pay for their leave. The paid leave of an employee who is on a rotating shift schedule shall include the shift differential that would have been received had the employee worked the shift for ;which the employee was scheduled during such period. Shift differential shall only be paid during paid sick leave and paid disability as provided above.forthe first thirty (30);calendar days of each absence. SECTION 11 -WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT 11.1 Workforce Reduction. In the event that funding reductions or shortfalls in funding occur in i department or are expected, which may result in layoffs, the department will notify the union and take the following actions: a. Identify the classification(s) in which position reductions may be required due to funding reductions or shortfalls. b. Advise employees in those classifications that position) reductions may occur in their classifications. C. Accept voluntary leaves of absence from employees in those classifications_ which do not appear to be potentially impacted by possible position reductions when such leaves can be accommodated by the department. LOCAL NO. 1 - 18 - 2005-2008 MO.0 SECTION 11 - WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT d. Consider employee requests to reduce their position hours from full-time to part- time to alleviate the impact of the potential layoffs. e. Approve requests for reduction in hours, lateral transfers, and voluntary demotions to vacant, funded positions in classes not scheduled for layoffs within the department, as well as to other departments not experiencing funding reductions or shortfalls when it is a viable operational alternative for the department(s). f. Review various alternatives which will help mitigate the impact of the layoff by working through the Tactical Employment Team (TET) program to: 1. Maintain an employee skills inventory bank to be used as a basis for referrals to other employment opportunities. 2. Determine if there are other positions to which employees may be transferred. 3. Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. 4. Establish workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. g. When it appears to the Department Head and/or Labor Relations Manager that the Board of 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 Separation Through Layoff. A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the merit service may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). B. Order of Layoff. The order of layoff in a department shall be based on inverse seniority in the class of positions, the employee in that department with least seniority being laid off first and so on. C. Layoff By Displacement. 1. In the Same Class. A laid off permanent full-time employee may displace an employee in the department having less seniority in the same class who occupies permanent-intermittent or permanent part-time position, the least senior employee being displaced first. 2. In the Same Level or Lower Class. A laid off or displaced employee who had achieved permanent status in a class at the same or lower salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class an employee having LOCAL NO. 1 _ 19 - 2005-2008 MOU R SECTION 11 - WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT less seniority; the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. D. Particular Rules on Displacing. 1. Permanent-intermittent and permanent part-time.employees may displace only employees holding permanent positions of the same type respec- tively. 2. A permanent full-time employee may displace any intermittent or part-time employee with less seniority 1) in the same class as provided in Section 11.2.C.1 or, 2) in a class of the same or lower salary level as provided in Section 11.2.C.2 if no full-time employee in a class at the same or lower salary level has less seniority than the displacing''.employees. 3. Former permanent full-time employees who have voluntarily become permanent part-time employees for the purpose''of reducing the impact of a proposed layoff with the written approval of the Human Resources Director 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. Seniori . An employee's seniority.within a class.,for .,layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salaryschedule in effect at the time of layoff. Employees,reallocated or transferred 1without examination from one class.to another class having a salary within five percent of the former class, shall carry the seniority accrued in the former class into the new class. Employees reallocated to a new deep class upon its initiation or otherwise reallocated to a deep class because the duties of the position occupied are appropriately described in the deep class shall carry into the deep class the seniority accrued or carried forward in the former class and seniority accrued-in other classes which have been included in the deep class. Service for layoff and displacement purposes includes;only the employee's last continuous permanent County employment. Periods of separation may not be bridged to extend such service unless the separation is;a result of layoff in which case bridging will be authorized if the employee is reemployed in a permanent position within the employee's layoff eligibility. Approved leaves of absence as provided for in these rules and regulations shall not constitute a period of separation. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous permanent County employment. If there remain ties in seniority rights, such ties shall be broken by counting total time in the department in permanent employment. Any remaining ties shall be broken .by random selectioni among the employees involved. F. Eligibility for Layoff List. Whenever any person who has permanent status is laid off, has been displaced, has been demoted by displacement or has voluntarily demoted in lieu of layoff or displacement, or has transferred in lieu of layoff or displacement, the person's name shall be placed on the:Layoff list for the class of positions from which that person.has been removed. LOCAL NO. 1 .- 20 - 2005-2008 MOU SECTION 19 - WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT G. Order of Names on Layoff. First, layoff lists shall contain the names of persons laid off, displaced, or demoted as a result of a layoff or displacement, or who have voluntarily demoted or transferred in lieu of layoff or displacement. Names shall be listed in order of layoff seniority in the class from which laid off, displaced demoted, or transferred on the date of layoff, the most senior person listed first. In case of ties in seniority, the seniority rules shall apply except that where there is a class seniority tie between persons laid off from different departments, the tie(s) shall be broken by length of last continuous permanent County employment with remaining ties broken by random selection among the employees involved. H. Duration of Layoff & Reemployment Rights. The name of any person granted reemployment privileges shall continue on the appropriate list for a period of two (2) years. Persons placed on layoff lists shall continue on the appropriate list for a period of four (4) years. I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or displacement or transferred in lieu of layoff or displacement. When a request for personnel is received from the appointing authority of a department from which an eligible(s) was laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list from the department. When a request for personnel is received from a department from which an eligible(s) was not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period. A person employed from a layoff list shall be appointed at the same step of the salary range the employee held on the day of layoff. J. Removal of Names from Layoff Lists. The Human Resources Director may remove the name of any eligible from a layoff list for any reason listed below: 1. For any cause stipulated in Section 404.1 of the Personnel Management Regulations. 2. On evidence that the eligible cannot be located by postal authorities. 3. On receipt of a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for appointment in the class. 4. If three (3) offers of permanent appointment to the class for which the eligible list was established have been declined by the eligible. 5. If the eligible fails to respond to the Human Resources Director or the appointing authority within ten (10) days to written notice of certification mailed to the person's last known address. If the person on the reemployment or layoff list is appointed to another position in the same or lower classification, the name of the person shall be removed. However, if the first permanent appointment of a person on a layoff list is to a lower class which has a top step salary lower than the top step of the class from which the person was laid off, the name of the person shall not be removed from the layoff list. Any subsequent appointment of such person from the layoff list shall result in removal of that person's name. LOCAL NO. 1 - 21 - 2005-2008 MOU SECTION 12 - HOLIDAYS K. Removal of Names from Reemployment and Layoff Certifications. The Human Resources Director may remove the name of any eligible from a reemployment or layoff certification if the eligible fails to respond within five (5) days to a written notice of certification mailed to the person's last known address. . 11.3 Notice. The County agrees to give employees scheduled for layoff at least ten (10) work days notice prior to their last day of employment. 11.4 Special Employment Lists. The. County will establish a Tactical Employment Team .(TET) employment pool which will include the names of all laid off County employees. Special employment lists for job classes may be established from the pool. Persons placed on a special employment list must meet the minimum qualifications for .the class. An appointment from such a list will not affect the individual's status on a layoff list(s). Employees in the.TET employment pool shall be guaranteed a job ;,,interview for any vacant funded position for which they meet minimum qualifications. If there"are more than five such employees who express an interest for one vacant funded position, the five most senior employees shall be interviewed. Seniority for this subsection shall be County seniority. 11.5 Reassignment of Laid Off Employees. Employees. who displaced within the same classification from full-time to part-time or intermittent status in a layoff, or who voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a position of another status than that from which they were laid off upon referral.from the layoff list, may request reassignment back to their pre-layoff status (full time or part-time or increased hours). The request must be in writing in accord with each department's reassignment bid or selection process. Employees will be advised of the reassignment procedure Ito be followed to obtain reassignment back to their former status at the time of the workforce reduction. The most senior laid off.employee in this status who requests such a reassignment, will be selected for the vacancy; except when a more senior laid off individual remains on the layoff list and has not .been appointed back to the class from which laid off, a referral from the layoff list will be made to fill the vacancy. SECTION 12 - HOLIDAYS 12.1 Holidays Observed. The County will observe the following holidays: a. January 1 st, known as New Year's Day 3rd Monday in January known as Dr. M. L. King, Jr. Day 3rd Monday in February, known as Presidents' Day The last Monday in May, known as Memorial Day July 4th, known as Independence Day First Monday in September, known as Labor Day November 11th, known as Veterans Day 4th Thursday in November, known as Thanksgiving The day after Thanksgiving December 25th, known as Christmas Day Such other days as the Board of Supervisors may by resolution designate as holidays. b. Each full-time employee shall accrue two (2) hours of personal holiday credit per month. Such personal holiday time may be taken in increments of one-tenth hour (6 minutes), and preference of personal holidays shall be given to employees LOCAL NO. 1 - 22 - 2005-2008 MOU SECTION 12.- HOLIDAYS according to their seniority in their department as reasonably as possible. No employee may accrue more than forty (40) hours of personal holiday credit. On separation from County service, an employee shall be paid for any unused personal holiday credits at the employee's then current pay rate. C. Employees in positions which work around the clock shall in addition to those holidays specified in Section 12.1.a celebrate Admission Day, Columbus Day, and Lincoln's Day as holidays, but shall not accrue the two (2) hours per month of personal holiday credit referenced in Section 12.1.b above. 12.2 Application of Holiday Credit. The following provisions indicate how holiday credit is to be applied: a. Employees on the five (5) day forty (40) hour Monday through Friday work schedule shall be entitled to a holiday whenever a holiday is observed pursuant to the schedule cited above. b. Employees on a work schedule other than Monday through Friday shall be entitled to credit for any holiday, whether worked or not, observed by employees on the regular schedule; conversely, such employees will not receive credit for any holiday not observed by employees on the regular schedule even though they work the holiday. C. Employees will be paid one and one-half (1-1/2) times their basic salary rate for holidays actually worked in addition to regular pay for the holiday. The purpose of this plan is to equalize holidays between employees on regular work schedule and those on other work schedules. If a holiday falls on the days off of an employee on a schedule other than Monday through Friday, the employee shall be given credit for overtime or granted time off on the employee's next scheduled work day. Employees who are not permitted to take holidays because of the nature of their work are entitled to overtime pay as specified by this MOU. If any holiday listed in Section 12.1.a above falls on a Saturday, it shall be celebrated on the preceding Friday. If any holiday listed in Section 12.1.a falls on a Sunday, it shall be celebrated on the following Monday. For employees in the Health Services Department (only) assigned to units or services on a shift operational cycle which includes Saturday or Sunday as designated by the appointing authority (rather than Monday through Friday eight (8) hours per day or a designated 4/10 or 9/80 schedule) holidays shall be observed on the day on which the holiday falls regardless if it is a Saturday or Sunday. 12.3 Holiday Credit for Part-Time Employees. Permanent part-time employees shall receive holiday credit in the same ratio to the holiday credit given full-time employees as the number of hours per week in the part-time employee's schedule bear to the number of hours in the regular full-time schedule, regardless of whether the holiday falls on the part-time employee's regular work day. Permanent part-time and permanent-intermittent employees who work on a holiday shall receive overtime pay or compensatory time credit for all hours worked, up to a maximum of eight (8). 12.4 4/10 Shift- Holidays. LOCAL NO. 1 - 23 - 2005-2008 MOU SECTION 12 -.HOLIDAYS A. Holiday Shift Pay. Each 4/10 shift employee who works a full shift on a holiday shall receive time and one-half for the first eight (8) hours worked. in addition .to regular pay for the holiday. Holiday shift pay shall be,. subject to provisions of Section 7. B. Absence on Holiday. The maximum time charged to sick leave, vacation or leave without pay on a holiday shall be two (2) hours. 12.5 Accrual of Holiday Time. Employees entitled to overtime credit in positions which work around the clock shall be permitted to elect between pay at the overtime rate or compensatory time off in recognition of holidays worked. The following procedures shall apply to this.selection: a. Any person who is eligible and who elects to accrue holiday time must agree to do so for a full fiscal year (July 1 through June 30), or the remainder thereof, unless otherwise specified by the Board. b. Employees starting work after a'list of those electing to accrue holiday time has been submitted to the Auditor and approved, will be paid overtime unless they specifically requested in writing within seven (7) calendar days to be placed on the accrual list. C. Holiday time shall be accrued at the rate of one and one-half (1-1/2) times the actual hours worked to a maximum of eight (8) hours worked by the employee. d. Holiday time may not be accumulated in excess of two hundred eighty-eight (288) working hours. Holiday time maybe accrued up to two hundred eighty-eight (288) hours, exclusive of regular vacation accruals. After two hundred eighty-eight (288) hours, holiday time shall be paid at the overtime rates as specified in Section 7. e. Accrued holiday time may be taken off at times determined by.mutual agreement of the employee and the Department Head. f. Accrued holiday time shall be paid off only upon a change in status of the employee such as separation, transfer to another department or reassignment to a permanent-intermittent position. 12.6 Work Leave. Upon Board of Supervisors approval of the MOU, but no later than November 10, 2006, each employee will receive 24 hours of Paid Time Off (PTO) (prorated for part-time and permanent intermittent employees).-If an employee is nottt�granted his/her choice of day off, the supervisor shall suggest an alternate date. If the employee and supervisor cannot agree on the alternate date, the employee shall observe the day off on the employee's birthday. An employee whose birthday falls on a scheduled day off, may observe the PTO on the scheduled work day immediately preceding or immediately following ;;the employee's birthday. 24/7 shift employees unable to schedule time off will be cashed out for unused time at the end of the .agreement.This provision shall automatically terminate upon expiration of the MOU, and except as noted above, an employee will not be allowed to cash out any unused time. 12.7 Holiday Schedule — Re-Opener. The parties agree to reopen the holiday schedule provisions of the Memorandum of Understanding for the purpose of ensuring consistent practices among the departments on' holiday scheduling, and compliance with appropriate regulatory requirements. Any changes to the MOU and/or past practice, except those necessitated by legal requirements, shall be subject to agreement by both parties. If the County believes a change is necessitated by legal requirements, it shall notify the Union of the LOCAL NO. 1: . -.24 - 2005-2008 MOU SECTION 13 - VACATION LEAVE change and the legal basis thereof. The County shall offer to meet with the Union before the County implements such change. SECTION 13 -VACATION LEAVE 13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour calculated on the same basis as for partial month compensation pursuant to Section 5.8 of this MOU. Vacation credits may be taken in one-tenth hour (six minute) increments but may not be taken during the first six (6) months of employment (not necessarily synonymous with probationary status) except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. 13.2 Vacation Leave on Reemployment From a Layoff List. Employees with six months or more service in a permanent position prior to their layoff who are employed from a layoff fist, shall be considered as having completed six months tenure in a permanent position for the purpose of vacation leave. The appointing authority or designee will advise the Auditor- Controller's Payroll Unit in each case where such vacation is authorized so that appropriate payroll system override actions can be taken. 13.3 Vacation Accrual Rates. For employees hired into a class in any bargaining unit covered by this MOU prior to September 1, 1979 the rates at which vacation credits accrue and the maximum accumulation thereof are as follows: Monthly Maximum Accrual 'Cumulative Length of Service Hours Hours Under 11 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 For employees hired into a class of one of the following bargaining units on or after September 1, 1979 the rates at which vacation credits accrue, and the maximum accumulation thereof, are as follows: Agriculture/Animal Services, Building Trades, Engineering, General Services & Maintenance, and Probation Units. Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 5 years 6-2/3 160 5 through 10 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 LOCAL NO. 1 - 25 - 2005-2008 MOU SECTION'14 - SICK LEAVE 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 13.4 Bridged Service Time. Employees who are rehired and have their service bridged in accordance with the provisions of this MOU shall accrue vacation in accordance with the accrual formula for employees hired after September 1, 1979. However, prior service time which has been bridged shall count toward longevity accrual. 13.5 Accrual During Leave Without Pay. No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacation '':credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 13.6 Vacation Allowance for Separated Employees. On separation from County service, an employee shall be paid for .any unused vacation credits` at the employee's then current pay rate. 13.7 Vacation Preference. Use of vacation accruals is by mutual agreement between the, employee and'the supervisor and preference of. vacation shall' be given to employees according to their seniority in their department as reasonably as possible unless otherwise provided in the supplemental sections of this Agreement. SECTION 14 -SICK LEAVE 14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure employees against loss of pay for temporary.absences from work due"to illness or injury. It is a benefit extended by the County and may be used only as authorized; it:'is not paid time off which employees may use for personal activities. 14.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue .at the rate of eight (8) working hours credit for each completed month of service, as prescribed by County Salary Regulations and Memoranda of Understanding. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one-tenth hour (6 minutes) increments. Unused sick leave credits accumulate from year to year. When an employee is separated other than through retirement, accumulated sick leave credits shall be canceled, unless the separation results from layoff, in which case the accumulated credits shall be restored if reemployed in a permanent position within. the period of layoff eligibility. As of the date of retirement, an employee's accumulated sick leave is converted to retirement on the basis of one day of retirement service credit for each day of accumulated sick leave credit. 14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the primary purpose of paid sick leave is to ensure'employees against loss of pay for temporary absences from work due to illness or injury. The following definitions apply: LOCAL NO. 1 - 26 - 2005=2008 MOU SECTION 14 - SICK LEAVE "Immediate Family" means and includes only the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece, nephew, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, foster children, aunt, uncle, cousin, stepbrother, of stepsister, or domestic partner of an employee and/or includes any other person for whom the employee is the legal guardian or conservator, or any person who is claimed as a "dependent"for IRS reporting purposes by the employee. "Employee" means any person employed by Contra Costa County in an allocated position in the County service. "Paid Sick Leave Credits" means those sick leave credits provided for by County Salary Regulations and Memoranda of Understanding. "Condition/Reason". With respect to necessary verbal contacts and confirmations which occur between the department and the employee when sick leave is requested or verified, a brief statement in non-technical terms from the employee regarding inability to work due to injury or illness is sufficient. Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: a. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used when the employee is off work because of a temporary illness or injury. b. Permanent Disability Sick Leave. Permanent disability means the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which the employee is qualified by reason of education, training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: 1. An application for retirement due to disability has been filed with the Retirement Board. 2. Satisfactory medical evidence of such disability is received by the appointing authority within 30 days of the start of use of sick leave for permanent disability. 3. The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. C. Communicable Disease. An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a communicable disease. d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum LOCAL NO. 1 - 27 - 2005-2008 MOU .SECTION 14 - SICK LEAVE accrued by such employee during the period of such disability under the conditions set forth below: 1. Application for such leave must be made by the employee to the appointing authority,accompanied by a written statement of disability from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as "'the date the physician anticipates the disability to terminate. 2. If an employee does not apply for leave and; the appointing authority believes that the employee is not able to properly perform her work or that her general. health is impaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or,!, recovery therefrom .the employee shall be required to undergo a physical examination by a physician selected by the County. Should 'the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3. Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. e. Medical and Dental Appointments. An employee may use paid sick leave credits: 1. For working time used in keeping medical and dental appointments for the employee's own care; and 2. For working time used by an employee for pre-scheduled medical and dental appointments for an immediate family member. f. Emergency Care of Family. An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. g. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family or of the employee's domestic partner, but this shall not exceed three (3) working days, plus up to two (2) days of work time for necessary travel. Use of additional accruals including sick leave when appropriate may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. h. Legal Adoption of a Child. Paid sick leave credits may be used by an employee upon adoption of the child. i. Accumulated paid sick leave credits may not be used in the following situations: 1. Vacation. Paid sick leave credits may not be :used for an employee's illness or injury which occurs while he/she is on;'vacation but the County . Administrator may authorize.it when extenuating i''circumstances exist and the appointing authority approves. LOCAL NO.4 - 28 - 2005-2008 MOU SECTION 14 - SICK LEAVE 2. Not in Pay Status. Paid sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status. 14.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of the employee and the department head. Unless otherwise provided in the supplemental sections of this MOU, the following procedures apply: a. Employee Responsibilities 1. Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2. Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work. 3. Employees are responsible for obtaining advance approval from their supervisor for the scheduled time of pre-arranged personal or family medical and dental appointment. 4. Employees are encouraged to keep the department advised of (1) a current telephone number to which sick leave related inquiries may be directed, and (2) any condition(s) and/or restriction(s) that may reasonably be imposed regarding specific locations and/or persons the department may contact to verify the employee's sick leave. b. Department Responsibilities. The use of sick leave may properly be denied if these procedures are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim. The department head or designee may make reasonable inquiries about employee absences. The department may require medical verification for an absence of three (3) or more working days. The department may also require medical verification for absences of less than three (3) working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: 1. Calling the employee's residence telephone number or other contact telephone number provided by the employee if telephone notification was not made in accordance with departmental sick leave call-in guidelines. These inquiries shall be subject to any restrictions imposed by the employee under Section 14.4.a. 2. Obtaining the employee's signature on the Absence/Overtime Record, or on another form established for that purpose, as employee certification of the legitimacy of the claim. 3. Obtaining the employee's written statement of explanation regarding the sick leave claim. LOCAL NO. 1 . - 29 - 2005-2008 MOU SECTION 14 - SICK LEAVE 4. Requiring the employee to obtain a physician's certificate or verification of the employee's illness, date(s) the employee was incapacitated, and the employee's ability to return to work, as specified above. 5. In absences of an extended nature, requiring the;employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return.to work, as specified above.., 'Department heads are responsible for establishing timekeeping procedures which will insure the submission of a time card covering each employee absence and for operating their respective offices in accordance with these policies and with clarifying regulations issued by the Office of the County Administrator. To help assure uniform policy application, the Director of Human Resources or designated management staff I of the County Human Resources Department should be contacted with respect to sick leave determinations about which the department is in doubt. 14.5 Disability. A. An employee physically or mentally incapacitated for the performance of duty•is subject to dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937. An appointing authority after giving notice may place an employee on leave if the appointing authority has filed an application for disability retirement for the employee, or whom the appointing'j authority believes to be temporarily or permanently physically or mentally'; incapacitated . for the performance of the employee's duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an empl'byee which endanger the health or safety of the employee, other employees, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense and on the employees paid time a physical, medical examination by a licensed physician and/or a psychiatric examination by a licensed physician or psychologist, and receive a report of the findings on', such examination. If the examining physician or psychologist recommends that treatment for physical or mental health problems, including leave, are in the best interests of the employee or the County in relation to the employee overcoming any disability and/or performing his or her duties the appointing,authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due to temporary or permanent disability shall be without prejudice -to the employee's right to use sick leave, vacation, or any other benefit to which the - employee is entitled other than, regular salary. The Director of Human Resources may order lost pay restored for good cause and subject,to the employee's duty to mitigate damages. D. Before an employee returns to work from any absence;for illness or injury, other leave of absence or disability leave, exceeding two' weeks in duration, the appointing authority may order the employee to undergo at County expense .a physical, medical, and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. If the report shows that such employee is physically or mentally incapacitated for the performance of, . LOCAL NO. 1 - 30 - 2005-2008 MOU SECTION 14 - SICK LEAVE duty, the appointingauthority may take such action as he/she deems necessary tY Y in accordance with appropriate provisions of this MOU. E. Before an employee is placed on an unpaid leave of absence or suspended because of physical or mental incapacity under (a) or (b) above, the employee shall be given notice of the proposed leave of absence or suspension by letter or memorandum, delivered personally or by certified mail, containing the following: 1. A statement of the leave of absence or suspension proposed. 2. The proposed dates or duration of the leave or suspension which may be indeterminate until a certain physical or mental health condition has been attained by the employee. 3. A statement of the basis upon which the action is being taken. 4. A statement that the employee may review the materials upon which the action is taken. 5. A statement that the employee has until a specified date (not less than seven (7) work days from personal delivery or mailing of the notice) to respond to the appointing authority orally or in writing. F. Pending response to the notice the appointing authority for cause specified in writing may place the employee on a temporary leave of absence, with pay. G. The employee to whom the notice has been delivered or mailed shall have seven (7) work days to respond to the appointing authority either orally or in writing before the proposed action may be taken. H. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension in writing stating specifically the basis upon which the action is being taken, delivering the order to the employee either personally or by mail, effective either upon personal delivery or deposit in the US Postal Service. I. An employee who is placed on leave or suspended under this section may, within ten (10) calendar days after personal delivery or mailing to the employee of the order, appeal the order in writing through the Human Resources Director to the Merit Board. Alternatively, the employee may file a written election with the Human Resources Director waiving the employee's right to appeal to the Merit Board in favor of appeal to a Disability Review Arbitrator. J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator, the employee has the burden of proof to show that either: 1. The physical or mental health condition cited by the appointing authority does not exist, or 2. The physical,or mental health condition does exist, but it is not sufficient to prevent, preclude, or impair the employee's performance of duty, or is not sufficient to endanger the health or safety of the employee, other employees, or the public. LOCAL NO. 1 - 31 - 2005-2008 MOU SECTION 14 - SICK LEAVE K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the Human Resources Director to the Merit Board for, hearing under the Merit Board's Procedures, Section 1114-1128 inclusive. Medical reports submitted in evidence in such;hearings shall remain confidential information.and shall not be a part of the public record. L. If the appeal, is to a Disability Review Arbitrator, ;the employee (and. his representative) will meet with the County's representative to mutually select the Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a rehabilitation specialist, or some other recognized specialist mutually selected by the parties. The arbitrator shall hear and review the evidence. The decision of the Disability Review Arbitrator shall be binding. on both the County and the employee. Scope of the Arbitrator's Review. 1.. The arbitrator may affirm, modify or revoke the leave of absence or suspension. 2. The arbitrator may make his decision based only on evidence submitted by the County and the employee. 3. The arbitrator may order back pay or paid sick leave credits for any period of leave of absence or suspension if the leave or suspension is found not to be sustainable, subject to the employee's duty to mitigate damages. 4. The arbitrator's fees and expenses shall be paid one-half by the County and one-half by the employee or employee's union. 14.6 Workers' Compensation. A permanent non-safety employee shall continue to receive the appropriate percent of regular monthly salary for all accepted claims filed before January 1, 2000, during any period of compensable temporary disability absence not to exceed one year. For all accepted claims filed with the County on or after January 1,, 2000, the percentage of pay for employees entitled to Workers' Compensation 'shall be decreased from 87% to 86%. For all accepted claims filed with the County on or after January 1, 2007, the percentage of pay for employees entitled to Workers' Compensation 'shall be decreased from 86% to 80%. For all accepted claims filed with the County on or after January 1, 2008, the percentage of pay for employees entitled to Workers' Compensation ,shall be decreased from 80% to 75%. If Workers' Compensation becomes taxable, the County agrees to restore the original benefit level (10b% of monthly salary) and the parties shall meet and confer with respect to funding the increased cost. A. Waiting Period. There is a three (3) 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 date of injury, the waiting period will be the first three (3) calendar days the employee does not work as`a result of the injury. The time the employee is scheduled to work during this waiting period will be charged to the employee's sick leave and/or vacation accruals_ . In order to qualify for Workers' Compensation the employee must be under;the care of a physician. Temporary compensation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the .disability exceeds fourteen, (14) days. LOCAL NO. 1' - 32 - 2005-2008 MOU SECTION 14 - SICK LEAVE B. Continuing Pay. A permanent employee shall receive the appropriate percentage as outlined above of regular monthly salary during any period of compensable temporary disability not to exceed one (1) year. Payment of continuing pay and/or temporary disability compensation is made in accordance with Part 2, Article 3 of the Workers' Compensation Laws of California. "Compensable temporary disability absence" for the purpose of this Section, is any absence due to work connected disability which qualifies for temporary disability compensation as set forth in Part 2, Article 3 of the Workers' Compensation Laws of California. When any disability becomes medically permanent and stationary and/or reaches maximum medical improvement, the salary provided by this Section shall terminate. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which continuing pay is received. Employees shall be entitled to a maximum of one (1) year of continuing pay benefits C. Continuing pay begins at the same time that temporary Workers' Compensation benefits commence and continues until either the member is declared medically permanent/stationary and/or reaches maximum medical improvement, or until one (1) year of continuing pay, whichever comes first provided the employee remains in an active employed status. Continuing pay is automatically terminated on the date an employee is separated from County service by resignation, retirement, layoff, or the employee is no longer employed by the County. In these instances, employees will be paid Workers' Compensation benefits as prescribed by Workers' Compensation laws. All continuing pay will be cleared through the County Administrator's Office, Risk Management Division. Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working hours the employee shall be allowed time off up to three (3) hours for such treatment without loss of pay or benefits, provided the employee notifies his/her supervisor of the appointment at least three (3) working days prior to the appointment or as soon as the employee becomes aware the appointment has been made. 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. D. If an injured employee remains eligible for temporary disability beyond one year, applicable salary will continue 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 available, Workers' Compensation benefits will be paid directly to the employee as prescribed by Workers' Compensation laws. E. Rehabilitation Integration. An injured employee who is eligible for Workers' Compensation rehabilitation temporary disability benefits and whose disability is medically permanent and stationary and/or reaches maximum medical improvement, will continue to receive salary by integrating sick leave and/or vacation accruals with Workers' Compensation rehabilitation temporary disability benefits until those accruals are exhausted. Thereafter, the rehabilitation temporary disability benefits will be paid directly to the employee. LOCAL NO. 1 - 33 - 2005-2008 MOU SECTION 15 - CATASTROPHIC LEAVE BANK F. Health Insurance. The County contribution to the employee's group insurance plan(s) continues during the continuing pay period and:,during..integration of sick leave or vacation with Workers' Compensation benefits., G. Method of Integration. An employee's sick leave and/or vacation charges.shall be calculated as follows: C = 8 [1 - (W=S)] C = Sick leave or vacation charge per day (in hours) W = Statutory Workers' Compensation for a month S = Monthly salary For example: W= $960 per month Workers' Compensation S = $1667 per month salary 8 = 8 hours C= Hours to be charged to Sick Leave C = 8 [1 ($960-$1,667)] C = 8 [1 - (.5758)] C = 8 (.4242) C = 3.39 3 hours chargeable to sick leave - 5 hours chargeable to Workers' Compensation .14.7 Rehabilitation Program. On May 26, 1981, the Board of Supervisors established a Labor-Management Committee to administer a rehabilitation program for disabled employees. It is understood that the benefits specified above in this Section 14 shall be coordinated with the rehabilitation program as determined by the Labor-Management Committee. The Rehabilitation Committee will meet within sixty (60) days of ratification of this MOU. The County will schedule committee meetings on a quarterly basis. 14.8 Accrual During Leave Without Pay. .No employee who has been granted a leave without pay or an unpaid military leave shall accrue any sick leave credits during the time of such leave nor shall an employee who is absent without pay accrue sick leave credits during. the absence. SECTION 15 -CATASTROPHIC LEAVE BANK 15.1 Program Design. The County Human Resources Department will operate a Catastrophic Leave Bank which is designed to assist any County employee who has exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of the employee or family member. The program establishes and maintains a Countywide bank wherein any employee who wishes-to contribute may authorize that a portion of his/her accrued vacation, compensatory time, holiday compensatory time or floating holiday be deducted from those account(s) and credited to the Catastrophic Leave Bank. Employees may donate hours either to a specific eligible employee or to the bank. Upon approval, credits from the,Catastrophic Leave Bank may be transferred to a requesting employee's sick leave account so that employee may remain in paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury, or condition. Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical impairment,or disability which manifests itself during employment. LOCAL NO. 1* - 34 - 2005-2008 MOU SECTION 16 - STATE DISABILITY INSURANCE (SDI) 15.2 Operation. The plan will be administered under the direction of the Director of Human Resources. The Human Resources Department will be responsible for receiving and recording all donations of accruals and for initiating transfer of credits from the bank to the recipient's sick leave account. Disbursement of accruals will be subject to the approval of a six (6) member committee composed of three (3) members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests for credits and shall make determinations as to the appropriateness of the request. The committee shall determine the amount of accruals to be awarded for employees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requester basis. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and shall be treated as regular sick leave accruals. To -receive credits under this plan, an employee must have permanent status, must have exhausted all time off accruals to a level below eight (8) hours total, have applied for a medical leave of absence and have medical verification of need. Donations are irrevocable unless the donation to the eligible employee is denied. Donations may be made in hourly blocks with a minimum donation of not less than four (4) hours per donation from balances in the vacation, holiday, floating holiday, compensatory time, or holiday compensatory time accounts. Employees who elect to donate to a specific individual shall have seventy-five percent (75%) of their donation credited to the individual and twenty-five percent (25%) credited to the Catastrophic Leave Bank. Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis. All computations will be on a standard 173.33 basis, except that employees on other than a forty (40) hour week will have hours prorated according to their status. Any recipient will be limited to a total of one thousand forty (1040) hours or its equivalent per catastrophic event; each donor will be limited to one hundred twenty (120) hours per calendar year. No element of this plan is grievable. All appeals from either a donor or recipient will be resolved on a final basis by the Director of Human Resources. No employee will have any entitlement to catastrophic leave benefits. The award of Catastrophic Leave will be at the sole discretion of the committee, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six (6) months. The committee will be entitled to limit benefits in accordance with available contributions and to choose from among eligible applicants, on an anonymous basis, those who will receive benefits, except for hours donated to a specific employee. In the event a donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria, the donating employee may authorize the hours to be donated to the bank or returned to the donor's account. The donating employee will have fourteen (14) calendar days from notification to submit his/her decision regarding the status of their donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank. Any unused hours transferred to a recipient will be returned to the Catastrophic.Leave Bank. SECTION 16 -STATE DISABILITY INSURANCE (SDI) LOCAL NO. 1 - 35 - 2005-2008 MOU SECTION 16 - STATE DISABILITY INSURANCE (SDI)': 16.1. General Provisions. The California SDI program provides disability benefits beginning on the eighth (8th) calendar day of a qualifying disability; unless the employee is hospitalized. Upon hospitalization, benefits can be payable from the first day of the disability. If the'disability exceeds fourteen (14) calendar days, benefits can be payable from the first day of the disability. The maximum period of state disability paymentsis up. to one (1) year. Determination of SDI payments and eligibility to receive payments is atthe 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 SDI .payment and the employee's base monthly salary. Integration of sick leave with the SDI benefit is automatic and cannot be waived. Integration applies to all SDI benefits paid. For employees off on SDI, the department will make appropriate integration adjustments, including retroactive adjustments if necessary. Employees must inform their department of hospitalization in a timely,.manner in order for the department to make appropriate integration adjustments. State Disability benefit payments will be sent directly to the employees at their home address by the State of California. When there are insufficient sick leave accruals available to fully supplement the difference between the SDI payment and the employee's base monthly salary, accruals other than sick ,leave may be used. These accruals may be used only to the extent that.total payments do not exceed the employee's base monthly salary. 16.2 Procedures. Employees with more than 1.2 hours of sick leave accruals at the beginning of the disability integration period must integrate their sick leave accrual usage with their SDI benefit to the maximum extent possible. When employees have 1.2 hours or less of sick leave accruals at the beginning of the disability integration period, the department shall automatically use 0.1 hour of'!'sick leave per month for the duration of their SDI benefit. When sick leave accruals are totally exhausted, integration with the SDI benefit terminates. An employee may use any other accruals without reference to or integration with the SDI benefit. When the SDI benefit is exhausted, sick leave integration terminates. Then the employee may use sick leave or other accruals. Employees with no sick leave balance at the beginning of the disability integration period may use any other accruals without reference to or integration with the SDI benefit. Employees whose. SDI claims are denied must present a copy of their claim denial to their department. The department will then authorize use of unused sick leave and shall authorize the use of other accruals as appropriate. Employees may contact the Human Resources Department, Benefits Division, for assistance in resolving problems. 16.3 _Method of Integration. Until an employee has a balance of-1.2 hours of sick leave, the employee's sick leave accrual charges while receiving SDI benefits shall be calculated each month. The amount of sick leave charged each employee will be calculated in the following manner: The percentage of base monthly salary not covered by the SDI benefit will be applied to the daily hours in the employee's schedule and that number of sick leave hours will be charged against the employee's sick leave accruals. LOCAL NO.,1 - 36 - 2005-2008 MOU SECTION 17 - LEAVE OF ABSENCE For purposes of integration with the SDI program, all full-time employees' schedules will be converted to 8-hour/5-day weekly work schedules during the period of integration. The formula for full-time employees' sick leave integration charges is shown below: L = [(S-D) _ S] x 8 S = Employee Base Monthly Salary H = Estimated Highest Quarter (3-mos) Earnings [H = S x 3] W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table C = Calendar Days in each Month D = Est. Monthly SDI Benefit [D = (W_ 7) x C] L = Sick Leave Charged per Day Permanent part-time, permanent-intermittent employees, and those full-time employees working a light/limited duty reduced schedule program shall have their sick leave integration adjusted accordingly. 16.4 Definition. "Base Monthly Salary"for purposes of sick leave integration is defined as the salary amount for the employee's step on the salary schedule for the employee's permanent classification as shown in the "Salary" field on the On-Line Payroll Time Reporting System used by departments for payroll reporting purposes. SECTION 17 - LEAVE OF ABSENCE 17.1 Leave Without Pay. Any employee who has permanent status may be granted a . leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions, and family care shall be granted in accordance with applicable state and federal law. 17.2 General Administration - Leaves of Absence. Requests for leave without pay shall be made upon forms prescribed by the Director of Human Resources and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1. Illness or disability. 2. Pregnancy. 3. Parental. 4. To take a course of study such as will increase the employee's usefulness on return to the position. 5. For other reasons or circumstances acceptable to the appointing authority. B. An employee must request family care leave at least thirty (30) days before the leave is to begin if the need for the leave is foreseeable. If the need is not foreseeable, the employee must provide written notice to the employer within five ,(5) days of learning of the event by which the need for family care leave arises. LOCAL NO. 1 - 37 - 2005-2008 MOU SECTION 17 - LEAVE OF ABSENCE C. A leave without pay may be for a period not to exceed one (1) year, provided the appointing.authority may extend such leave for additional periods. The procedure in granting extensions shall be the same as that in granting the original leave, provided that the request for extension must be made not later than thirty (30) calendar days before the expiration of the original leave.` D. Nevertheless, a leave of absence for the employee's.serious health condition or for family care (FMLA) shall be granted to an employee.'who so requests it for up to eighteen (18) weeks during a "rolling", twelve (12) month period measured backward from the date an employee uses his/her FMLA leave iri accordance with Section 17.5 below. E. Whenever an employee who has been granted a leave without any pay desires to return before the expiration of such leave, the employee shall submit a request to the appointing authority' in writing at least fifteen (15)' days in advance of the proposed return. Early return is subject to prior approval by the appointing authority. The Human Resources Department shall be`°notified-promptly of such return. F. Except in the case of leave of absence due to family care, pregnancy, pregnancy disability, illness, or serious health ,condition, the decision of the appointing . authority on granting or denying a leave or early return from leave shall be subject to appeal to the Director of Human Resources and not "subject to appeal through the grievance procedure set forth in this MOU. 17.3 Furlough Days Without Pay (VTO). Subject to the prior written approval of the appointing authority, employees may elect- to take furlough days or'i hours without pay (pre- authorized absence without pay), up to a maximum of fifteen (15) calendar days for any one period. Longer pre-authorized absences without pay are considered leaves of absence without pay. Employees who take furlough time shall have their compensation for the portion of the month worked computed in accord with Section 5.8 (Compensation for Portion of Month) of this MOU. Full-time and part-time employees who take furlough time shall';have their vacation, sick leave, floating holiday, and any other payroll computed accruals computed as though they had worked the furlough time. When computing vacation, sick leave, floating holiday and other accrual credits for.employees taking furlough time, this provision shal[I supersede Section 12.1, 13.1, 13.3, 14.2 and 14.8 of this MOU regarding the computation of vacation, sick leave, floating holiday, and other accrual credits as regards furlough time only. For payroll purposes, furlough time (absence without pay with prior authorization of the appointing authority) shall be reported separately from other absences without pay to the Auditor-Controller. The existing VTO program shall be continued for the life of the contract. 17.4 Military Leave. Any employee who is ordered to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof shall be granted a military leave for the period of such service, plus.ninety (90) days. Additionally, any employee who volunteers for service during a mobilization under Executive Order of the President or Congress of the United States and/or the State Governor in time of emergency shall be granted a leave of absence in accordance with applicable state or federal laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided, such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. An employee who has been granted a military leave shall not, by reason of such absence, suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such .leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or LOCAL NO. 1 _ 38,- 2005-2008 MOU SECTION 17 - LEAVE OF ABSENCE continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the Director of Human Resources may deem necessary. 17.5 Family Care Leave or Medical Leave. Upon request to the appointing authority, in a "rolling" twelve (12) month period measured backward from the date the employee uses his/her FMLA leave, any employee who has permanent status shall be entitled to at least eighteen (18) weeks leave (less if so requested by the employee) for: a. Medical leave of absence for the employee's own serious health condition which makes the employee unable to perform the functions of the employee's position; or b. Family care leave of absence without pay for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. 17.6 Certification. The employee may be asked to provide certification of the need for family care leave or medical leave. Additional period(s) of family care or medical leave may be granted by the appointing authority. 17.7 Intermittent Use of Leave. The eighteen (18) week entitlement may be in broken periods, intermittently on a regular or irregular basis, or may include reduced work schedules depending on the specific circumstances and situations surrounding the request for leave. The eighteen (18) weeks may include use of appropriate available paid leave accruals when accruals are used to maintain pay status, but use of such accruals is not required beyond that specified in Section 17.12 below. When paid leave accruals are used for a medical or family care leave, such time shall be counted as a part of the eighteen (18) week entitlement. 17.8 Aggre-gate Use for Spouses. In the situation where husband and wife are both employed by the County, the family care of medical leave entitlement based on the birth, adoption or foster care of a child is limited to an aggregate for both employees together of eighteen (18) weeks during a "rolling" twelve (12) month measured backward from the date the employee uses his/her FMLA leave. Employees requesting family care leave are required to advise their appointing authority(ies) when their spouse is also employed by the County. 17.9 Definitions. For medical and family care leaves of absence under this section, the following definitions apply: a. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child who is under eighteen (18) years of age for whom an employee stands in loco parentis or for whom the employee is the guardian or conservator, or an adult dependent child of the employee. b. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian, conservator, or other person standing in loco parentis to a child. C. Souse: A partner in marriage as defined in California Civil Code Section 4100. LOCAL NO. 1 - 39 - 2005-2008 MOU SECTION 17 - LEAVE OF ABSENCE d. Domestic Partner: An unmarried person, eighteen (18) ;years or older, to whom the employee is not related and with whom the,employee resides and shares the common necessities of life. e. Serious Health Condition: An illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves':,either inpatient care in a hospital, hospice or residential health care facility or+,'continuing treatment or continuing supervision by a health care provider (e.g. physician or surgeon) as defined by state and federal law: f. Certification for Family Care Leave: A written communication to the employer from a health care provider of a person for whose care''the leave is being taken which need not identify the serious health condition involved_, but shall contain: 1. The date, if known, on which the serious health condition commenced. 2. - The probable duration of the condition. 3. An estimate of the amount of time which the employee needs to render care or supervision. 4. A statement that the serious health condition warrants the participation of a family member to provide care during period of,treatment or supervision. 5. If for intermittent leave or a reduced work schedule leave, the certification should indicate that the intermittent leave or reduced leave schedule is necessary for the care of the individual or will assist in their recovery, and its expected duration. g. Certification for Family Medical Leave: A written communication,from a health care provider of an employee with a serious health condition or illness to the employer, which need not identify the serious health condition involved, but shall contain- 1. The date, if known, on which the serious health condition commenced. 2.- The probable duration of the condition. 3. A statement that the employee is unable to.perform the functions of the employee's job. 4. If for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule and its expected duration. h. Comparable Positions: A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave. Ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co-workers, supervisor(s), or other staffing may have changed during an employee's leave. LOCAL NO..1 - 40 - 2005-2008 MOU SECTION 17 - LEAVE OF ABSENCE 17.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under Section 14.3.D (Sick Leave Utilization for Pregnancy Disability), that time will not be considered a part of the eighteen (18) week family care leave period. 17.11 Group Health Plan Coverage. Employees who were members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the County contribution by maintaining their employment in pay status as described in Section 17.12. During the eighteen (18) weeks of an approved medical or family care leave under Section 17.5 above, the County will continue its contribution for such health plan coverage even if accruals are not available for use to maintain pay status as required under Section 17.12. In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain their group health plan coverage, either through payroll deduction or by paying the County directly. 17.12 Leave Without Pay- Use of Accruals. A. All Leaves of Absence. During the first twelve (12) month period of any leave of absence without pay, an employee may elect to maintain pay status each month by using available sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements; in other words, during the first twelve (12) months, a leave of absence without pay may be "broken" into segments and accruals used on a monthly basis at the employee's discretion. After the first twelve (12) months, the leave period may not be "broken" into segments and accruals may not be used, except when required by LTD Benefit Coordination or SDI/Sick Leave Integration or as provided Section 16.3 or in the sections below. B. Family Care or Medical Leave (FMLA). During the eighteen (18) weeks of an approved medical or family care leave, if a portion of that leave will be on a leave of absence without pay, the employee will be required to use at least 0.1 hour of sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements if such.are available, although use of additional accruals is permitted under subsection A. above. C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible, employee who files an LTD claim and concurrently takes a leave of absence without pay will be required to use accruals as provided in Section B herein during the eighteen (18) week entitlement period of a medical leave specified above. If an eligible employee continues beyond the eighteen (18) week entitlement period on a concurrent leave of absence/LTD claim, the employee may choose to maintain further pay status only as allowed under subsection A. herein. D. Sick leave accruals may not be used during any leave of absence, except as allowed under Section 14.3 - Policies Governing the Use of Paid Sick Leave. 17.13 Leave of Absence Replacement and Reinstatement. Any permanent employee who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to a position in that classification and department and then only on the basis of seniority. In case of severance from service by reason of the reinstatement of a permanent employee, the provisions of Section 11 - Workforce Reduction/Layoff/Reassignment shall apply. LOCAL NO. 1 - 41 - 2005-2008 MOU SECTION 18 - JURY DUTY AND WITNESS DUTY 17.14 Leave of Absence Return. In the Employment &. Human Services Department an employee shall have the right to return to the same class, building, and assignment (position control number) if the return to work is within eighty-nine, (89) consecutive days from the initial date the employee started the leave of absence. At such time the leave of absence is approved by the Appointing Authority, the Employment & Human Services Department shall notify the employee of the final date by which he/she shall return to be assigned to the same position control number. 17.15 Reinstatement From Family Care/Medical Leave. In the case of a family care or medical leave, an.employee on a 5/40 schedule shall be reinstated to:the same or comparable position if the return to work is after no more than ninety (90) work days of,leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full-time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a full schedule is after no more than seven hundred twenty (720) hours, including use of accruals, of intermittent or reduced schedule leave. At the time the originalleave is approved, the appointing authority shall notify the employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee on a schedule other than 5/40 shall have the time frame for reinstatement to the same or comparable position adjusted on a pro rata basis. 17.16 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position.on any anniversary date and who has,not been absent from the position on leave without pay more than six (6) months during the,preceding year, shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may.accrue to them during the period of military leave. 17.17 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or 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. 17.18 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall remain in effect. .SECTION 18 -JURY DUTY AND WITNESS DUTY 18.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an employee is obligated to report to the court. a. When called for jury duty, County employees, like other citizens, are expected to discharge their jury duty responsibilities. b. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. C. If summoned for jury duty in a Superior, Federal Court, or a Coroners jury, employees may remain in their regular County pay status, or they may.take paid leave (vacation, floating.holiday, etc.) or leave without pay and retain all fees and expenses paid to them. d. ` When.an employee is summoned for jury duty selection or is selected as a juror in a Superior or Federal Court, employees may remain :in a regular pay status if LOCAL NO. 1 - 42 - 2005-2008 MOU SECTION 19 - HEALTH, LIFE & DENTAL CARE they waive all fees (other than mileage), regardless of shift assignment and the following shall apply; 1. If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where it will be retained as a department record. No "Absence/Overtime Record" is required. 2. An employee who elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. No court certificate is required but an "Absence/Overtime Record" must be submitted to the department payroll clerk. e. Employees are not permitted to engage in any employment regardless of shift assignment or occupation before or after daily jury service that would affect their ability to properly serve as jurors. f. An employee on short notice standby to report to court, whose job duties make short notice response impossible or impractical, shall be given alternate work assignments for those days to enable them to respond to the court on short notice. g. 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. h. Permanent-intermittent employees are entitled to paid jury duty leave only for those days on which they were previously scheduled to work. 18.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to them other than mileage allowance or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations).shall take vacation leave or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall be govemed by the same provisions as apply to jury duty as set forth in Section 18 of this MOU. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Permanent-intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. SECTION 19 - HEALTH, LIFE & DENTAL CARE 19.1 County Programs. The County will continue to offer. existing County Group Benefit Programs of medical, dental and life insurance coverage to all permanent employees regularly scheduled to work twenty (20) or more hours per week as described in Attachment N of this agreement. LOCAL NO. 1 - 43 - 2005-2008 MOU SECTION 19 - HEALTH, LIFE &.DEN TAL CARE 19.2 Rate Information. The County Benefits Division will make health and dental plan rate information available upon request to employees and department's. In addition, the County Benefits Division will publish and distribute to employees and departments information about rate changes as they occur during the year. t _ 19.3 Medicare Rates. Corresponding Medicare rates for employees covered under this.MOU shall be as follows: for Employee Only on Medicare by taking the Employee Only rate for the option selected and subtracting the monthly Part B .Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with one member on Medicare by taking the Employee and Dependents) rate for the option';selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee; for-Employee and Dependent(s) with two members on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for two.enrollees. 19.4 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 isnot paid:enough compensation in a month to pay the employee share of the premium,..the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller. The responsibility for this payment rests with the employee. If payment is not made, the employee shall be dropped from the health plan. An employee is thus covered by the health plan for the month in which compensation is paid. 19.5 Coverage During Absences. An employee who is on approved leave of absence may convert to individual health plan coverage within ,thirty (30) days of the commencement of leave. Employees shall be allowed to maintain their health plan coverage at the County group rate for twelve (12) months if on approved leave of absence provided that the employee shall pay the entire premium (i.e. both employer and employee share) for the health plan during said leave. Said payment shall be.made by the employee at a time and place specified by the County. Late payment shall result in cancellation of health plan coverage. An employee on leave in excess of twelve (12) months may continue°health plan.coverage by converting to an individual health plan option (if available) or continuing group coverage subject, to the provisions of the Consolidated Omnibus Budget Reduction Act (COBRA) provided the employee pays the entire cost of coverage, plus any administrative fees, for the option selected. The entire cost of coverage shall be paid at a place and time specified by the County. Late . payment may result in cancellation of health plan coverage with no reinstatement.allowed. 19.6 Retirement Coverage. Upon retirement, employees may remain in the same County group medical plan if immediately before their retirement they are either active subscribers to one of the County Health Plans or if on authorized leave of absence without pay they have retained their membership by either continuing to pay their; monthly premium to the .County by the deadlines established by the County, or converting to individual conversion membership from the County plan through the medical plan carrier, if available. All employees hired on or after the date this provision is adopted and implemented by the Board of Supervisors, will be eligible for retiree health coverage pursuant to the terms outlined above, upon completion of fifteen (15) years of service with Contra Costa County. For purposes of retiree health eligibility, a year of service shall be defined as one thousand (1,000).hours_ worked within an anniversary year. The existing method of crediting service while an employee is on an approved leave of absence will continue during the term of this agreement. LOCAL N.O. 1 - 44 - 2005-2008 MOU SECTION 19 - HEALTH, LIFE & DENTAL CARE 19.7 Deferred Retirement. Effective two (2) months following an approved agreement, employees who resign and file for a deferred retirement may continue in their County group health and dental plan; the following conditions and limitations apply: a. Life insurance coverage is not included. b. To be eligible to continue health and dental coverage, the employee must: 1. Be qualified for a deferred retirement under the 1937 Retirement Act provisions. 2. Be an active member of a County group health and/or dental plan at the time of filing their deferred retirement application and elect to continue health benefits. 3. Be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty-four (24) months of their application for deferred retirement. 4. File an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty (30) days before their separation from County service. C. Deferred retirees who elect continued health benefits hereunder may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement at their full personal expense, by paying the full premium for their health and dental coverage on or before the 11th of each month to the Auditor-Controller. When they begin to receive retirement benefits, they will qualify for the same health and/or dental plan coverage and County subvention to which retirees who did not defer retirement are entitled. d. Deferred retirees who elect continued health benefits hereunder may elect not to maintain participation in their County health and/or dental plan during their deferred retirement period; and may instead qualify for the same coverage and County subvention in any County health and/or dental plan when they begin to receive retirement benefits as retirees who did not defer retirement are entitled; provided reinstatement to a County group health and/or dental plan with County subvention occurs no sooner than the first of the month following a full three (3) calendar month waiting period after the commencement of their monthly allowance. e. Eligibility for County subvention will not exist hereunder unless and until the member draws a monthly retirement allowance within not more than twenty-four (24) months after separation from County service. f. Deferred retirees are required to meet the same eligibility provisions for health/dental plans as active/retired employees. 19.8 Dual Coverage. If a husband and wife both work for the County and one of them is laid off, the remaining eligible shall be allowed to enroll or transfer into the health coverage combination of his/her choice. An eligible employee who is no longer covered for medical or dental coverage through a spouse's coverage shall be allowed to enroll or transfer into the health coverage combination of LOCAL NO. 1 - 45 - 2005-2008 MOU SECTION 20 - PROBATIONARY PERIOD his/her choice within thirty (30) days of the date coverage is no longer afforded under the spouse's plan. 19.9 PERS Long.Term Care. The County proposes to deduct and remit monthly premium and eligible lists to the PERS Long. Term Care Administrator, at no County administrative cost, for County employees who are eligible and voluntarily elect to purchase long term care through the PERS Long Term Care Program. The County.further agrees that County employees interested in purchasing PERS Long Term Care may participate in meetings scheduled by PERS Long Term Care on County facilities during non-work hours. (i.e: coffee breaks, lunch hour). 19.10 Health Care Spending Account. The County will offer regular full-time and part-time (20/40 or greater) County employees the option to participate in a Health Care Spending Account (HCSA) Program designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre-determined amount of money from their paycheck not to exceed $3000 per year, for health care expenses not reimbursed by any .other health benefits plan with before tax dollars. HCSA dollars can be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Effective January 1, 2007, this amount shall be increased to $4500 per year. Effective January 1, 2008, this amount shall be increased to $5000 per year. Any unused balance cannot be recovered by-the employee. 19.11 Confidentiality."of Information/Records. Any use of employee medical records will be governed by the Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26) 19.12 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. 19.13 Health Care Oversight Committee. The County and the Health Care Oversight Committee, as a subcommittee of the County and the Labor Coalition, shall seek and secure mutually agreeable options of health plans which provide improved "portability" for participants. A. The County and the Labor Coalition agree that the joint labor/management Health Care Oversight Committee shall consider the following issues: 1. Improve the appointment scheduling for CCHP. 2. Reduce the wait for pharmacy orders for CCHP. 3. Expand the portability of CCHP. 4. improve vision care coverage. The Committee shall report its findings to the County and the Labor Coalition following which,. upon request, the parties will meet and confer regarding options. SECTION 20 - PROBATIONARY PERIOD 20.1 Duration. All appointments from officially promulgated employment lists for original entrance and promotion shall be subject to a probationary period. For original entrance appointments, the probationary period shall be from nine (9) months to two (2) years duration. For promotional appointments, the probation period shall be from six (6) months to two (2) years duration. LOCAL NO. 1 _ 46 - 2005-2008 MOU SECTION 20 - PROBATIONARY PERIOD 20.2 Classes With Probationary Period Over Six /Nine Months. Listed below are those classes represented by the Union which have probation periods in excess of nine (9) months for original entrance appointments and six (6) months for promotional appointments: Agricultural Biologist Trainee - one (1) year Animal Services Officer- one (1) year Apprentice Mechanic-two (2) years Deputy Probation Officer I - one (1) year Deputy Public Defender- one (1) year Child Support Specialist- one (1) year Probation Counselor I - one (1) year Public Service Officer- one (1) year Security Guard - one (1) year Weights & Measures Inspector Trainee - one (1) year 20.3 Revised Probationary Period. When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 20.4 Criteria. The probationary period shall date from the time of appointment to a permanent position after certification from an eligible list. It shall not include time served under provisional appointment or under appointment to limited term positions or any period of continuous leave of absence without pay or period of work connected disability exceeding fifteen (15) calendar days. For those employees appointed to permanent-intermittent positions with a nine (9) month probation period, probation will be considered completed upon serving fifteen hundred (1500) hours after appointment except that in no instance will this period be less than nine (9) calendar months from,the beginning of probation. If a permanent-intermittent probationary employee is reassigned to full-time, credit toward probation completion in the full-time position shall be prorated on the basis of one hundred seventy-three (173) hours per month. 20.5 Resection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. A.' Appeal from Refection. 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, or race, color, national origin, sex, age, disability, or sexual orientation. B. The appeal must be written, must be signed by the employee and set forth the grounds and facts by which it is claimed that grounds for appeal exist under Subsection A and must be filed through the Director of Human Resources to the Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may have been based on grounds prohibited in Subsection A, it may refer the matter to a Hearing .Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. LOCAL NO. 1 - 47 - 2005-2008 MOU SECTION 20 - PROBATIONARY PERIOD D. If the Merit Board finds no probable cause for a hearing', it shall deny the appeal. If, after hearing, the Merit Board upholds. the appeal, it shall direct that the appellant be reinstated in the position and the appellant shall begin a new probationary period unless the Merit Board specifically reinstates the former period: 20.6 Regular Appointment. The regular appointment of a probationary:employee shall begin on the day following the end of the probationary period, subject to the.condition that the Director of Human Resources receive from the.appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee is recommended for permanent appointment. A probationary employee may be rejected at any time during the probation period without regard to the Skelly,provisions of this Memorandum, without notice and without right of appeal or hearing. If the appointing authority has not returned the probation report, a probationary employee may be''rejected from the service within a reasonable time after the probation period for failure to pass probation.'If the appointing authority fails to submit in a timely manner the proper written documents certifying that a probationary employee has served in a satisfactory manner and later acknowledges it was his or her intention to do so, the regular appointment shall begin on the day following the end of the probationary period. Notwithstanding any other provisions of the MOU, an employee.rejected during.the probation period from a position in the Merit System to which the .employee; had .been promoted or transferred from an eligible list, shall be restored-to+a position in the department from which the employee was promoted or transferred. An employee dismissed for other than disciplinary reasons within six (6) months after being promoted or transferred from a position in the Merit System to a position not included in the,Merit System shall be restored to a position in the classification in the department from which the employee was promoted or transferred. A probationary employee who has.been rejected or has resigned during probation shall not be restored to the eligible list from which the employee was certified unless the employee receives the affirmative recommendation from the appointing authority and is certified by the.Director of _ Human Resources whose decision is final. The Director of Human Resources shall not certify the name of a person restored to the eligible list to the same appointing authority by whom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 20.7 Layoff During Probation. An employee who is laid' off during probation, if reemployed in the same class by the same department, shall be required to complete only the balance of the required probation. If reemployed in another department or in another classification, the employee shall serve a full probationary period. An employee appointed to a permanent position from a layoff or reemployment list is subject to a probation period if the position is in a department other than the department from which the employee separated, displaced, or voluntarily demoted in lieu of. layoff. An appointment from a layoff or reemployment list'is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 20.8 Resection During Probation of Layoff Employee. 'An employee who has achieved permanent status in the class before layoff and .who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within the period of layoff eligibility. The LOCAL N.O. 1 - 48 - 2005-2008 MOU SECTION 21 - PROMOTION employee shall begin a new probation period of subsequently certified and appointed in a different department or classification than that from which the employee was laid off. SECTION 21 - PROMOTION 21.1 Competitive Exam." Promotion shall be by competitive examination unless otherwise provided in this MOU. 21.2 Promotion Policy. The Director of Human Resources, upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 21.3 Open Exam. If an examination for one of the classes represented by the Union is proposed to be announced on an Open only basis the Director of Human Resources shall give five (5) days prior notice of such proposed announcement and shall meet at the request of the Union to discuss the reasons for such open announcement. 21.4 Promotion via Reclassification Without Examination. Notwithstan-ding other provisions of this Section, an employee may be promoted from one classification to a higher classification and his/her position reclassified at the request of the appointing authority and under the following conditions: a. An evaluation of the position(s) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. b. The incumbent of the position must have performed at the higher level for six (6) months. C. The incumbent must meet the minimum education and experience requirements for the higher class. d. The action must have approval of the Director of Human Resources . e. The Union approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 21.5 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. If an employee who is qualified on a promotional employment list is separated from the merit system, except by layoff, the employee's name shall be removed from the promotional list. 21.6 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of seventy (70) percent or more, shall receive, in addition to all other credits, five one-hundredths of one percent (.05%) for each completed month of service as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, however, shall receive more than a total of five percent (5%) credit for seniority in any promotional examination. LOCAL NO. 1 - 49 - 2005-2008 MOU SECTION 22 - TRANSFER & REASSIGNMENT 21.7 Release Time for Physical Examination. County employees who-are required as part of the promotional examination process to take a physical examination shall do so on County time at the County's expense. 21.8 Release Time for Examinations. Permanent employees will be granted reasonable time from work without loss of pay to take County examinations or to go to interviews for a County position provided the employees give the Department sufficient notice of the need for time off. "Reasonable release time shall include time for travel and interviewing/testing. SECTION 22 -TRANSFER & REASSIGNMENT 22.1 . Transfer Conditions. The following conditions are required in order to qualify for transfer: a. The position shall be in the same class, or if in a different class shall have been determined by the Director of Human Resources to be appropriate for transfer on the basis of minimum qualifications and qualifying procedure. b. The employee shall have permanent status in the merit system and shall be in good standing. C. The appointing authority or authorities involved in the transaction shall have indicated their agreement in writing. d. The employee concerned shall have indicated agreement to the change .in writing. e. The Director of Human Resources shall have approved the change. Notwithstanding the foregoing, transfer may also be accomplished through the- regular appointment procedure provided that the individual desiring transfer has. eligibility on a list for a class for which appointment is being considered. 22.2 Transfer Policy. Any employee or appointing authority who desires to initiate a transfer may inform the Director of Human Resources in writing of',such desire stating the reasons therefore. The Director of Human Resources shall if he or she considers that the reasons are adequate and that the transfer will be for the good of the County service and the parties involved, inform the appointing authority or authorities concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. 22.3 Reassignment of Work Location. Employees desirous of reassignment to a position in the same classification at another work location ,shall submit a request for reassignment in. writing to the Department Head. When . openings, occur in various work locations, requests for reassignment will be reviewed with consideration given to various.factors including but not limited to distance of employee's residence from desired work location and relative length of service of the applicants for a particular location. The Department Head or designated representative shall make the sole determination as to assignment of personnel, except as otherwise provided in the supplemental sections of this MOU. This provision applies to intradepartmental reassignments only. This provision for work location reassignments applies only to the following units: Agriculture Unit (excluding the Weights and Measures Division) and Library Unit. 22.4 Voluntary Reassignment (Bidding) Procedure. The, below listed procedure shall apply to the following groups of employees: the entire General Services and Maintenance LOCAL NO. 1 - 50 - 2005-2008.MOU SECTION 22 - TRANSFER & REASSIGNMENT Unit, the entire LVN-Attendant/Aide Unit, the entire Health Services Unit, Probation Counselors in the Probation Department and that portion of the Engineering Unit in the Public Works Department. Permanent employees may request reassignment to vacant permanent positions in the same classification or in the same level of their deep classification. All permanent vacancies will be offered for bid to presently assigned full-time, part-time and permanent-intermittent employees for reassignment. Nothing herein precludes the making of temporary reassignments not entailing the filling of vacant permanent positions. The following procedures shall apply: a. Responsibility. Implementation of the reassignment procedure is the responsibility of the supervisor of the position which is vacant. b. Vacancy Notices Posted. Vacant position notices for positions which are to be filled shall be posted for seven (7) calendar days. The notice shall specify job characteristics and shall be posted only once The supervisor may begin interviewing bidders immediately upon posting the bid notice. If the supervisor receives less than three (3) bidders, he or she may fill the position by using the Merit System eligible list or by making internal reassignments. For purposes of this procedure, a bidder is an employee in the same class who is eligible to bid under Section d, following, and who meets all the minimum qualifications for the position including any specialized requirements such as, bilingual ability, position flag requirements, and who submits a bid on the position. C., All Vacancies Must be Posted. All vacant positions which may occur by creation of new positions, separation, promotion, demotion or reassignment must be posted for permanent employee bidding. d. Who May Request Reassignment. All permanent full-time, permanent part-time or permanent-intermittent employees may request reassignment to any open permanent position in the same classification or in the same level of a deep classification anywhere else in their Department. e. Who May Not Request Reassignment. Employees who are in a temporary status or provisionally appointed to a permanent position may not bid for reassignment. under this procedure. f. Employee Selection. If three (3) or more employees bid on the position, the position shall be filled from among the three (3) most senior bidders. For the purposes of bidder selection, the 'Rule of 3" shall apply. That is, the supervisor is entitled to select from three (3) candidates and the three (3) most senior may be considered as equal. Seniority for bidding purposes means classification seniority for layoff purposes. If two (2) employees bid, the supervisor shall be entitled to one (1) additional name from an eligible list. If one (1) employee bids, the supervisor shall be entitled to two (2) additional names from an eligible list. If no employees bid, the supervisor may fill the position from an eligible list or otherwise in accordance with the Personnel Management Regulations. The supervisor shall offer to interview all candidates either in person or on the telephone. Subsequent to submitting a bid, an employee may waive consideration for the position at any time by notifying the supervisor verbally or in writing in which case the next most senior bidder (if any) or candidate from the eligible list .may be considered. The remaining active bidders will be advised within ten (10) work days after the posting is removed whether they have been selected or the LOCAL NO. 1 _ 51 - 2005-2008 MOU SECTION 22 - TRANSFER & REASSIGNMENT status of their bid. If requested by the employee, supervisors shall give an employee in writing the reason(s) why he or she was not selected. g. No Old Job Claim. The selected employee shall have no claim on the job(s) he or she left. If a decision is made by the employee to seek immediate reassignment, the employee may only be placed in another vacant position in accordance with this policy. h. _Bidding While on Leave. Employees interested in a particular assignment and wishing to be notified of an open position while on vacation, sick leave or leave of absence (not scheduled day.off) may leave a written notice or a self-addressed, stamped envelope with the supervisor of the position they are interested in. i. _Probationary and New Assignment Bidding. Employees:who are on probation or who have been in a new work assignment for less than three (3) months, may bid for a vacant position which is open. The bid will be considered if, when bidding is closed, there are less than three (3) employees who are not on probation or in new assignments who have bid for the position. Bids from employees on probation or in new assignments will be in addition to any names referred to the department through the certification. process described in Section 22.4-f above. Probation Counselors who have completed three (3) months of their.one (1) year probation may bid the same as all other permanent employees. .LOCAL NO. 1 - 52 - 2005-2008 MOU SECTION 22 - TRANSFER & REASSIGNMENT CONTRA COSTA COUNTY - LOCAL NO. 1 BID NOTICE TO: Permanent Employees in the class of FROM: Name Title SUBJECT: NOTICE OF OPEN POSITION Classification: Position No: Level: Position Type: FT PPT PI (If deep classification) Department: Division: Geographic Area: (East, West, Central) Worksite (street address, etc.): Shift/Hours: Days Off: Other Requirements (i.e., bilingual ability, position flags): All eligible full time, permanent part-time, or permanent-intermittent employees in the above classification interested in this position, submit bids IN WRITING on Form 103 (WIDSI) to: by: Name Date Time of Day Posting Date: Removal Date: LOCAL NO..1 - 53 - 2005-2008 MOU SECTION 22 - TRANSFER & REASSIGNMENT 22.5 Involuntary Reassignment Procedure. The below listed procedure shall apply to the following groups of employees (except in the case of layoffs where Section 22.6 governs): entire General Services and Maintenance Unit; entire, LVN/Attendant/Aide Unit; entire Health Services Unit; Probation Counselors in the Probation Department; 'and that portion _of the Engineering Unit in the Public Works Department. Department management, at its sole discretion, may determine from time to time that involuntary reassignments of staff are required. Involuntary reassignments are the reassignments of permanent employees in their existing classification to a new worksite, shift, or program area. Such decisions may result from inability to fill a vacancy through the voluntary reassignment procedure or from a determination that excess staff are allocated to a certain site, shift, or program. When such decisions are made and the reassignments are permanent, the below listed procedure shall apply. This policy shall not apply to temporary reassignments of less than eight (8) weeks duration to cover such things as vacation relief, sick leave absences, temporary shifts in workload, training assignments, or temporary short term assignments to cover vacant positions which could not be filled through the voluntary reassignment policy and for which actions are underway to fill permanent from an eligible list. If a temporary reassignment is expected to exceed eight .(8) weeks in duration, the affected Department shall either use the below listed procedure or will meet and confer with the Union on a case by case basis regarding an alternative approach: a. Management will identify the classifications and positions from which reassignments are necessary. b. Affected employees will be provided with a list of vacancies/ assignments for which they may apply. C. Affected employees shall be'given the opportunity to volunteer for the available vacancies/assignments and shall be considered in accordance with Part f. of the voluntary reassignment procedure. d. If there are insufficient volunteers for the number of available positions or no volunteers, and involuntary .reassignments are still required, the least senior qualified affected employee shall be reassigned to the vacant assignment identified by management, followed by the next least senior employee, and so on in inverse order of seniority until all necessary reassignments are completed. Qualified is defined as a person possessing the necessary training or experience for the specific assignment. Seniority for involuntary reassignment purposes shall be defined as seniority within classification. Nothing contained in this Section shall prohibit the Department and the Union from making a mutually agreed upon alternative arrangement.. In no event shall reassignments be utilized for disciplinary purposes. 22.6 Reassignment Due to Layoff or Displacement. When reassignment of an employee or employees is necessary due to layoff or displacement, the following procedures shall be followed: a. A list of vacant positions shall be posted in work areas of all affected employees for a minimum of five (5) work days. LOCAL NO. 1 - 54, 2005-2008 MOU SECTION 23 - RESIGNATIONS b. Employees shall be given the opportunity to volunteer for vacancies and shall be reassigned on the basis of seniority. C. If there are no volunteers for reassignment, the least senior employee(s) in that class shall be reassigned. d. Management shall have the sole prerogative to select the vacancy to which the least senior employee(s) shall be reassigned. Seniority for reassignment purposes shall be defined as (in Section 11, Layoff) seniority within classification. If reduction or reassignment by site is necessary, the least senior employee in the affected class at the site shall be reassigned. If reduction or reassignment is necessary by shift, the least senior employee in the affected class assigned to the affected shift shall be reassigned. Nothing contained in this Section shall prohibit a Department and the Union from making a mutually agreed upon alternative arrangement. SECTION 23 - RESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. Oral resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the Human Resources Department and shall indicate the effective date of termination. 23.1 Resignation in Good Standing. A resignation giving the appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 23.2 Constructive Resignation. A constructive resignation occurs and is effective when: a. An employee has been absent from duty for five (5) consecutive working days without leave; and b. Five (5) more consecutive work days have elapsed without response by the employee after the receipt of a registered or certified letter citing a notice of resignation by the appointing authority to the employee at the employee's last known address, but no more than ten (10) working days from mailing of said notice. 23.3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative on that date or another date specified. An employee who resigns without advance notice as set forth in Section 23.1, may seek recession of the resignation and reinstatement by delivering an appeal in writing to the Human Resources not later than close of business on the third (3rd) calendar day after the resignation is effective. Within five (5) work days of receipt of the appeal, the Human Resources Director shall consider the appeal and render a final and binding decision including, if applicable, the date of reinstatement. 23.4 Revocation. A resignation that is effective is revocable only by written concurrence of the,employee and the appointing authority. LOCAL NO. 1 - 55 - 2005-2008 MOU SECTION 24 DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION 23,5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7)", calendar days after its expression, by serving written notice on the Director of Human Resources and a copy to the appointing authority. B. Reinstatement. If the appointing authority acknowledges.'that the employee could have believed that the resignation was coerced, it shall be revoked and the employee returned to duty effective on the day following the appointing authority's acknowledgment without loss of seniority or pay. " J C. Contest. Unless, within-seven (7) days of the receipt'of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Director of Human Resources waiving the employee's right of appeal to the Merit Board in favor of the employee's appeal rights under the grievance procedure contained in Section 25 of the MOU beginning with Step 3. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and,. the employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. I! SECTION 24 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION': 24.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend, temporarily reduce the pay of, or demote any employee for cause. The'!reduction in pay may not exceed five percent (5%) for a three (3) month period. The following We 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: a. Absence without leave. b. Conviction of any criminal act involving moral turpitude. C. Conduct tending to bring the merit system into disrepute.: d. Disorderly or immoral conduct. e.' Incompetence or inefficiency: f.- Insubordination. g. Being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises. h. Neglect of duty (i.e. non-performance of assigned responsibilities). LOCAL NO.. 1 - 5.6 - 2005-2008 MOU SECTION 24 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION i. Negligent or willful damage to public property or waste of public supplies or equipment. j. Violation of any lawful or reasonable regulation or order given by a supervisor or Department Head. k. Willful violation of any of the provisions of the merit system ordinance or Personnel Management Regulations. I. Material and intentional misrepresentation or concealment of any fact in connection with obtaining employment. M. Misappropriation of County funds or property. n. Unreasonable failure or refusal to undergo .any physical, medical and/or psychiatric exam and/or treatment authorized by this MOU. o. Dishonesty or theft. 1 p. Excessive or unexcused absenteeism and/or tardiness. q. Sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. 24.2 Skelly Requirements. Before taking a disciplinary action to dismiss, suspend for more than five (5) work days (four (4) work days for employees on a 4/10 work week), temporarily reduce the pay of, or demote an employee, the appointing authority shall cause to be served personally or by certified mail, on the employee, a Notice of Proposed Action, which shall contain the following: a. A statement of the actionro osed to be taken. P P b. A copy of the charges; including the acts or omissions and grounds upon which l the action is based. C. If it is claimed that the employee has violated a rule or regulation of the County, department or district, a copy of said rule shall be included with the notice. d. A statement that the employee may review and request copies of materials upon which the proposed action is based. e. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. 24.3 Employee Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the LOCAL NO. 1 - 57 - 2005-2008 MOU SECTION 25 - GRIEVANCE PROCEDURE employee's response is not filed within seven (7) days or during an extension, the right to respond is lost.. 24.4 Leave Pending Employee Response. Pending response to a Notice of Proposed Action within the first seven (7) days or extension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 24.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days unless ordered by an arbitrator, an adjustment board or the Merit Board. 24.6 Procedure on Dismissal, Suspension, Temporary,; Reduction in Pay, or Demotion. A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay of, or demote an employee having permanent status in a position in the merit system, after having complied with the Skelly requirements where applicable, the appointing authority shall make an order in writing stating specifically the causes for the action. ' B. Service of Order. Said order of dismissal, suspension, temporary reduction in pay, or demotion shall be filed with the Director of Human Resources, showing by whom and the date a copy was served upon the employee to be dismissed, suspended, temporarily reduced in pay, or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon personal service.or deposit in.the Ui.S. Postal Service. C. Employee Appeals from Order. The employee may appeal an order of dismissal, suspension, temporary,reduction in pay, or demotion either to the Merit Board or through the procedures of Section 25 - Grievance Procedure of this MOU provided,that such appeal is filed in writing with the Director of Human Resources within ten (10) calendar days after service of said order. An employee may not both appeal to the Merit Board and file a grievance under Section 25 of this MOU. 24.7 Employee Representation Rights. The County recognizes an employee's right to representation during an investigatory interview or meeting which may result in discipline. The County shall not interfere with the representative's right to assist an employee to clarify the facts during the interview. If the employee requests a union representative, the investigatory interview shall be temporarily recessed for a reasonable period of time until a union representative can be. present. For those interviews, which by nature of the incident must take place immediately, the union will take all reasonable steps to make a union representative immediately available. The employer shall inform the employee of the general nature of the investigation at the time the employer directs the employee to be interviewed. SECTION 25 -GRIEVANCE PROCEDURE 25.1 Definition and Procedural Steps. A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. The Union may represent the grievant at any state of the process. Grievances :must be filed within thirty (30) calendar days of the incident or occurrence about which the grievant claims to have a grievance and shall be processed in the following manner: --LOCAL NO'. 1 - 58 - 2005-2008 MOU SECTION 25 - GRIEVANCE PROCEDURE Std. Any employee or group of employees who believes that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the grievant's immediate supervisor, who shall meet with the grievant within five (5) work days of receipt of a written request to hold such meeting. Grievances challenging suspensions, reductions in pay, demotions and terminations may be filed at Step 2 within the time frame set forth above. Step 22. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may submit the grievance in writing within ten (10) work days to such management official as the Department Head may designate. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied, how misapplication or misinterpretation has affected the grievant to the grievant's detriment, and the redress he or she seeks. A copy of each written communication on a grievance shall be filed with the Director of Human Resources. The Department Head or his or her designee shall have ten (10) work days in which to respond to the grievance in writing. If either the union or grievant request a meeting with the Department Head or his/her designee at this step, such a meeting will be held. Ste . If a grievance is not satisfactorily resolved in Step 2 above, the grievant may appeal in writing within ten (10) work days to the Director of Human Resources. The Director of Human Resources or his/her designee shall have twenty (20) work days in which to investigate the merit of the complaint and to meet together at the same time with the Department Head or his/her designee and the grievant and attempt to settle the grievance and respond in writing. Ste No No grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 3 above and filed within ten (10) work days of the written response of the Director of Human Resources or his/her designee. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, such grievance shall be submitted in writing within seven (7) work days to an Adjustment Board comprised of three (3) Union representatives, no more than two (2) of whom shall be either an employee of the County or an elected or appointed official of the Union presenting this grievance, and three (3) representative 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 decision. If the County fails to meet the time limits specified in Step 4 and the grievant demands in writing that an Adjustment Board be convened, the County will convene an Adjustment Board within ten (10) work days of receipt of the original request or 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 a majority decision, either the grievant or the County may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the grievant and the Director of Human Resources. Such request shall be submitted within twenty (20) work days of the rendering of the Adjustment Board decision. Within twenty (20) work days of the request for arbitration, the parties shall mutually select an arbitrator who shall render a decision within thirty (30) work days from the date of the final submission of the grievance including receipt of the court reporter's transcript and post hearing briefs if any. The fees and expenses of the arbitrator and of the court reporter shall be shared equally by the grievant I and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any. LOCAL NO. 1 - 59 - 2005-2008 MOU SECTION 25 - GRIEVANCE PROCEDURE 25.2 Expedited Board of Adjustment. If .the parties are unable to reach a mutually satisfactory accord on any grievance of discipline involving suspensions, demotions, reduction in . pay which :arises and is presented during the term of this MOU, such grievance shall be submitted to the Expedited Board of Adjustment (EBA) in writing in accordance with procedures below. No grievance may be processed under this Section which has not first been filedand investigated in accordance with Step 3 of the Grievance Procedure and filed within ten (10) work days of the written response of the Director of Human Resources or his/her designee. By agreement of the Union and the Director of Human Resources, grievances concerning contract. interpretation may.also be presented to the EBA. All grievances submitted to the EBA shall be resolved in accordance with the following procedures: Expedited Board of Adiustment (EBA) a. .The EBA shall be composed of two (2) members named.by the Union and two (2) members named by .the County. The Union and the County shall each appoint two (2) alternates who shall serve as a voting member of the Board if a member is not available. A Union Alternate shall serve as a voting member when the appointed Union Board member is from the same Bargaining Unit or Department as the grievant and County. Alternate shall serve as a voting member when a County Board member is from the same Department as the grievant. Each Board member~,shall serve for a twelve (12) month term except that one member and one alternate initially appointed by each side shall serve a six (6) month term so that Board member terms are staggered. b. The EBA shall establish a regular meeting date once a month, adopt rules of procedures governing its proceedings and adopt necessary forms to administer the procedures prescribed in this section: c.. The parties shall choose an impartial arbitrator to serve as a tie-breaker when the EBA is deadlocked. If the partiesare. unable to agree on an arbitrator, they shall request a list of five (5) arbitrators from the State , Mediation and Conciliation Service. The parties shall choose an arbitrator by each striking two (2) names from the list. The arbitrator shall serve a one year term; however, the Arbitrator may be replaced at any time by agreement between the Union and the County.The arbitrator shall render an.,immediate decision if the Board is deadlocked. d: Decisions of the EBA or of the impartial arbitrator shall be within the scope of and shall not vary from the express written terms of the Agreement pursuant. to Section 25.3 Scope of Adjustment Board and Arbitration Decision. e. The Union and the County shall each pay one-half,(1/2) the arbitrator's fees and costs. If a majority of the EBA approves the services of a court reporter and/or other special services, the Union and County shall each pay one-half (1/2) of such expenses. Procedures a. The EBA shall convene on the fourth (0).Wednesday of each month unless otherwise scheduled. LOCAL NO. 1 - 60 - 2005-2008 MOU SECTION 25 - GRIEVANCE PROCEDURE b. Unless the EBA agrees by majority action, it shall remain in session until all grievances on the agenda have been heard. c. All grievances properly filed which are postmarked, faxed, e-mailed or hand delivered no later than ten (10) working days prior to the next scheduled session shall be placed on the agenda for the next regular meeting. By majority vote, the EBA may upon request of the Union or the County waive this provision. d. The EBA may, upon the request of the Union or the County, continue a grievance until the next session. e. Attorneys shall not participate as Board members, advocates, or advisors in Board hearings. f. The Board at each regular session shall approve the minutes of the previous Board prior to considering the pending agenda. g. The location of meetings shall be a central location agreed to by the Union and the County. The Expedited Adjustment Board is a trial program. The parties will continually assess the effectiveness of the program during the term of this MOU. If either the Union or the County concludes that the program is not effective or efficient, the Expedited Adjustment Board Program P will be suspended upon written notification to the other party, and will be reviewed again during the next negotiation process of a successor MOU. The parry suspending the program shall give the other party thirty (30) days written notice. The Board shall hear and rule on all grievances scheduled for a Board hearing within the thirty (30) day notice period. The party suspending the program shall pay any cancellation fee charged by the arbitrator. If either party suspends the program, all grievances covered by this section shall be processed in accordance with pre- existing grievance procedures. 25.3 Scope of Adjustment Board and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. B. No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union which has been certified as the recognized employee organization for such unit and under such dispute falls within the definition of a grievance as set forth in Subsection 25.1 above. C. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. If the Director of Human Resources in pursuance of the procedures outlined in Step 3 above, or the Adjustment Board in pursuance of the provisions of Step 4 above resolve a grievance which involves suspension or discharge, they may LOCAL NO. 1 - 61 - 2005-2008 MOU S SECTION 25 - GRIEVANCE PROCEDURE agree to payment for lost time or.to reinstatement with or without payment for lost time. E. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Boards or arbitration proceedings hereunder) will be recognized unless-agreed to by the County and the Union. 25.4 Time Limits. The time limits specified above may be waived 'by: mutual agreement of the parties to the grievance. If the County fails to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If a grievant fails to meet the time limits specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and withdrawn. 25.5 Union Notification. An official, -with whom a formal; grievance is filed by a grievant who is included in a unit represented by the Union, but is not represented by the Union in the grievance, shall give the Union a copy of the formal presentation.' 25.6 Compensation Complaints. All complaints,involving or concerning the payment of compensation shall be initially filed in writing with the Director of Human Resources. Only complaints which allege that employees are not being compensated in accordance with.the provisions of this MOU shall be considered as grievances. Any other''matters of compensation are.to be resolved in the meeting and conferring process, if not detailed in the MOU which results from such meeting and conferring process shall be deemed .withdrawn until the meeting and conferring process is next opened for such discussion: No adjustment shall be retroactive for-more than six (6) months from the date.upon which the complaint was filed. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Union. 25.7 Strike/Work Stoppage. During the term of this MOU, the Union, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, sick-out, 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. . 25.8 Merit Board. A. All Grievances of employees in representation units represented by the Union shall be processed under Section 25 unless the employee elects to apply to the Merit Board on matters within its jurisdiction. B. No action under Steps 3, 4 and r5 of Subsection 25.1 above shall be taken if action on the complaint or grievance has been taken by the Merit Board, or if the complaint or grievance is pending before the Merit Board'. 25.9 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this MOU. LOCAL NO. 1 - 62 - 2005-2008 MOU 0 SECTION 26 - BILINGUAL PAY SECTION 26 - BILINGUAL PAY A salary differential of eighty dollars ($80.00) per month shall be paid incumbents of positions requiring bilingual proficiency as designated by the appointing authority and Director of Human Resources. Said differential shall be paid to eligible employees in paid status for any portion of a given month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. The Union shall be notified when such designations are made. Effective January 1, 2007, the differential shall be increased to a total of one hundred dollars ($100.00) per month. SECTION 27 - RETIREMENT CONTRIBUTION .27.1 Contribution. Pursuant to Government Code Section 31581.1, the County will continue to pay fifty percent (50%) of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOU, and shall terminate thereafter. Employees shall be responsible for payment of the employees' contribution for the retirement cost of living program as determined by the Board of Retirement of the Contra Costa County Employees' Retirement Association without the County paying any part of the employee's share. The County will pay the remaining one-half (Y) of the retirement cost-of-living program contribution. The wage and retirement benefit provisions for safety employees represented by Contra Costa County Employees' Association Local One expire September 30, 2006. 27.2 Tier III. Subject to the enactment of enabling legislation amending the 1937 Employees' Retirement Act to allow such election, the County will permit certain Tier II employees to elect a Tier III Retirement Plan under the following conditions: a. The County and the Labor Coalition must agree on the wording of the legislation and both parties must support the legislation. b. Except for disability, all benefit rights, eligibility for and amounts of all other benefit entitlements for Tier III, from and after the date of implementation, shall be the same as Tier I. The disability benefits for Tier III shall be the same as the current Tier II disability provisions: C. 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. d. Employees represented by the Labor, Coalition and its member employee organizations (herein referred to as "Labor Coalition") enrolled in Tier II who have attained five (5) years of retirement credited service as of the effective date of the enabling legislation shall have a six (6) month period after such date to make a one time irrevocable election of the Tier III Retirement Plan expressed herein subject to action by the Board of Supervisors to implement the Plan. Thereafter, employees represented by the Labor.Coalition enrolled in Tier II who have attained five (5) years of retirement credited service shall have a ninety (90) day period to make a one time irrevocable election of the Tier III Retirement Plan expressed herein. The County's employer contributions and subvention. of employee contributions for Labor Coalition employees electing Tier III which exceed those which would be required for Tier II membership shall: LOCAL NO. 1 - 63 - 2005-2008 MOU SECTION 27 - RETIREMENT CONTRIBUTION a. Be funded by reducing the general wage increase agreed upon to be effective October 1, 1997, and the pay equity amounts attributable thereto, by a percentage sufficient to reduce the County's wage obligation. by $3 million dollars per year; and the general wage increase of all employees represented by the Labor Coalition shall be reduced accordingly; and b. In the event the County's costs attributable to the creation and operation of Tier'llI exceed $3 million per year or the County Employees' .'Retirement Association's actuaries determine in future years that the County's retirement' costs have increased and that the increase is attributable to the creation'of Tier III and/or the impact of Tier III on the County's retirement costs, such increase shall be funded by reducing the general wage increase(s) agreed upon in future years, and.the pay equity amounts attributable thereto, to the extent that future wage increases are granted; and the general wage increase(s) of all employees represented by the Labor Coalition shall be reduced accordingly; and c. In the event the County's costs attributable'to the Tier III'Retirement Plan are less than $3 million per year, the difference shall be divided by twelve (12) and each twelfth (12th) shall be augmented by an amount equal to the County's common pooled fund interest which would have accrued if-one (1) twelfth (12th) had been invested in the first month of the past year, two (2) twelfths (12ths) in the second month of the past year and so forth; and d. Any savings to the County resulting from the creation and operation of Tier III shall be used to offset future County retirement cost increases attributable to the creation and operation of Tier III; and e. County savings shall be held in an account by the Auditor-Controller which is invested in the County's common pooled fund and will accrue interest accordingly. The County will report yearly to the Labor Coalition. on a) the beginning account balance, b) the interest earned, c) expenditures. from the account to cover increased costs resulting from the Tier III Retirement Plan, and d) the ending account balance. 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. Subject to the provisions expressed above, any and all additional employer and County-paid employee contributions which exceed the sum of the County's legally required contributions under Tier Al shall be recovered by reducing general wage increases, to the employees represented by the Labor Coalition. Any disputes regarding cost or savings shall be'subject to binding arbitration upon demand of the Labor Coalition or the County. The enabling legislation shall provide that the Tier III Retirement Plan may be implemented only by an-ordinance enacted by the Board of Supervisors. Board of Supervisors' action to implement the Tier III Retirement Plan shall be taken not earlier than seven (7) months after the effective date of the legislation plus�'thirty'(30) days after an actuarial report on the County cost of the Plan is received by the County, provided that before enactment of the ordinance, the Labor Coalition-has not notified the County in writing that a one LOCAL NO. 1 _ 64 - 2005-2008 MOU SECTION 28 - TRAINING REIMBURSEMENT percent (1%) wage increase shall be implemented by the County effective October 1, 1997, without interest, in lieu of implementation of the Tier III Retirement Plan. The establishment of the Tier III Retirement Plan pursuant to the terms of this MOU shall be subject to approval by the Board of Retirement of the Contra Costa County Employees' Retirement Association. In the event the County is prevented from implementing the Tier III Retirement Plan for any reason on or before the termination date of this MOU, the agreement of the parties regarding a Tier III Retirement Plan shall expire and a one percent (11%) lump sum wage increase shall be implemented by the County within sixty (60) days after the determination that Tier III cannot be implemented or as soon thereafter as practicable for the period covering October 1, 1997 through such termination date, without interest, in lieu of the Tier III Retirement Plan. Effective October 1, 2002, Tier 2 of the retirement plan shall be eliminated and all employees in Tier 2 of the retirement plan shall be placed in Tier 3. The County agrees to permit employees in the Hazardous Materials Specialists and the Airport Operations Specialists classifications to participate in the Tier II Buy-Back Program for a six (6) month period from the date the MOU is adopted by the Board of Supervisors. Employees in the above classifications with ten (10) or more years of County/District service may replace Tier II benefits with Tier III benefits as follows: 1. Employee buys back two (2) years, County will buy back one (1) year for a total of three (3) years of buyback. 2. Employee buys back four (4) years, County will buy back two (2) years for a total of six (6) years of buyback. 3. Employee buys back six (6) years, County will buy back three (3) years for a total of nine (9) years of buyback. 27.3 Safety Employees Retirement— Re-Opener A. For County employees who are covered by this agreement and are safety members of CCCERA, the retirement formula shall be "3 percent at 50". The cost of living adjustment (COLA) to the retirement allowance shall not exceed three (3) percent per year. The employee's final compensation shall be calculated based on a twelve (12) month salary average. Each such employee shall pay nine (9) percent of his or her retirement base to pay part of the employer's contribution for the cost of this retirement benefit. B. The County and the Union agree to reopen the agreement to meet and confer no later than March 31, 2008 on 1) the possible implementation of new retirement tiers for current and new safety employees; and 2) the percentage a safety employee would pay of his or her retirement base to pay part of the employer's contribution for the cost of each tier. Any changes in these two subject matter areas will occur only upon the written mutual agreement of the parties. SECTION 28 -TRAINING REIMBURSEMENT The County Administrative Bulletin on Training shall govern reimbursement for training and shall limit reimbursement for career development training to seven hundred fifty dollars ($750) per year, except as otherwise provided in the supplemental sections of this MOU. Registration and LOCAL NO. 1 _ 65 - 2005-2008 MOU SECTION 29 - SAFETY SHOES AND PRESCRIPTION'SAFETY EYEGLASSES tuition fees for career development education may be reimbursed for up to fifty percent (50%) of the employee's net cost. Books necessary for courses taken for career development education may be reimbursed for up to one hundred percent (100%) of the employee's net cost. SECTION 29 -SAFETY SHOES AND PRESCRIPTION SAFETY EYEGLASSES For each two year period starting January 1, 2006, eligible employees will be' allowed reimbursement for the purchase and repair.of safety shoes, and the purchase of toe guards, up to a maximum of two hundred and seventy-five dollars ($275) There, is no limitation on the number of shoes or toe guards, or number of repairs allowed. The County will provide those employees currently eligible for safety shoe'allowance with two (2) methods for purchasing safety shoes: a. Reimbursement for the purchase and repair of safety shoes up'to the maximum amount stated above for each two (2) year period. b. Voucher obtained from the eligible employees' Department for an identified vendor for the purchase of safety shoes up to the maximum amount stated above for each two (2) year period. C. The County agrees to provide a second vendor for the purchase of safety shoes. The County will endeavor to secure Red Wings as the second vendor and to identify two locations where the shoes may be obtained by voucher. The eligible employee will inform his/her Department's accounting section of the desired method for purchasing safety shoes at the beginning of each calendar year. The County will reimburse eligible employees for prescription safety eyeglasses which are approved by the County and are obtained from such establishment as required by the County up to one (1) pair per year. The County,agrees to modify the prescription safety glasses allowance to reflect an additional $20 allowance annually for lenses, and an additional $10.00 allowance annually towards the purchase of safety frames. Additionally,. the County will modify the current contract with Vendor to allow employees to upgrade to Featherwate Lens Types (High Impact). Any additional cost for current contract upgrades or Featherwate lens types (High Impact) upgrades that exceeds the County allowance as noted above will be borne by the employee. SECTION 30 -VIDEO DISPLAY TERMINAL (VDT) USERS EYE EXAMINATION Employees in the Library Unit, Probation Unit, and Investigative Unit shall be eligible to receive an annual eye examination on County time and at County expense'' in accordance with the following conditions: a. Eligible employees must use a video display terminal at least an average of two hours per day as certified by their department. -b. Eligible employees who wish an eye examination under this program, should request it through the County Human _Resources Department, Benefits Division, LOCAL NO. 1. - 66 - 2005-2008 MOU SECTION 31 - PERFORMANCE EVALUATION PROCEDURE who will arrange for eye examinations and monitor the results on a County-wide basis. C. Should prescription VDT glasses be prescribed for an employee following an eye examination, the County agrees to provide, at no cost, the basic coverage including a ten ($10) dollar frame and single vision lenses. Employees may, through individual arrangement between the employee and his/her doctor, and solely at the employee's expense, include bifocal, trifocal or blended lenses and other care, services or materials not covered by the plan. The basic plan coverage, including the examination, may be credited toward the employee enhanced benefit. SECTION 31 - PERFORMANCE EVALUATION PROCEDURE The following procedures shall apply in those departments which already have a formal written performance evaluation system. Nothing herein shall be construed to require the establishment of such a system where it does not currently exist. A. Goal: A basic goal of the employee evaluation is to help each employee perform his/her job more effectively to the mutual benefit of the employee and the County. The evaluation process provides an ongoing means of evaluating an employee's job performance and promoting the improvement of the job performance. The evaluation process also provides the opportunity to recognize and document outstanding service as well as service that has been unsatisfactory to the County. B. Frequency of Evaluation. 1. Probationary employees shall be evaluated at least once during their probationary period. 2. Permanent employees may be evaluated every year." C. Procedure. 1. An employee shall generally be evaluated by the first level management supervisor above the employee. 2. It will be necessary in some cases for a supervisor to consult with the employee's immediate work director in order to make a comprehensive evaluation. 3. Where feasible, evaluations will be based primarily on observation by the evaluator of the employee in the performance of his/her duties. Comments based on secondary information shall have supportive.documentation. 4. An employee will be informed in advance of a meeting with his/her supervisor to discuss the employee's evaluation and to put the evaluation in writing on the department evaluation forms. 5. The employee shall be informed of his/her right to prepare and have attached to the evaluation form any written comments which the employee wishes-to make. LOCAL NO. 1 - 67 - 2005-2008 MOU SECTION 32- MILEAGE 6. When an employee is rated below. satisfactory on any factor, the evaluation will give the reasons for such rating and include specific recommendations for improvement in writing. 7. The employee's signing of an evaluation form does not necessarily mean that the employee agrees with the evaluation but it does mean that the employee has had,an opportunity to discuss the evaluation with his/her' evaluator. 8. The employee.will be given a copy of his/her completed evaluation form at the time form is signed by the employee. (Confirmation of final version to be received later.) 9. Any rating below average or unsatisfactory shall be supported by written documentation received by the employee at the time.the incident(s) occurred. . 10. Nothing shall be added by management to :an evaluation after the employee has signed and received a copy of the evaluation without the employee's written acknowledgment. Failure to follow the foregoing procedure is subject to the grievance procedure. However, disputes over the actual content or ratings themselves in individual evaluations are not grievable, but may be mediated by the Director of Human Resources upon,request of either the employee or the Department. Prior to being mediated by-the Director of Human Resources either party may request fact finding to assist in the resolution of the dispute. On'e' (1) fact finder shall be selected by each party to the dispute within ten (10) work days from the initial request for fact finding. The fact finders shall have twenty (20) work days from notice of selection to investigate and render opinions to the Director of Human Resources. SECTION 32- MILEAGE 32.1 Reimbursement for Use of Personal Vehicle. The mileage allowance for use of personal vehicles on County business shall be paid according to the rates allowed by the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement�of the changed rate by the Internal Revenue Service, whichever is later. 32.2 Charcie For Use of Home Garaged County Vehicle. Employees hired after July 1, 1994 who are assigned vehicles to garage at home will be charged the IRS mileage rate for all commute miles driven outside the limits of Contra Costa County that exceed thirty (30) miles round-trip in any one day. SECTION 33 - PAY WARRANT ERRORS If an employee_ receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor=Controllees Department that the error will be corrected and a new warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and holidays from the time the Department is made aware of and verifies that the pay warrant is in error. If the pay warrant error has occurred as a result of a mistake by an employee (e.g. payroll clerk) other than the employee who is receiving the pay, the error will be corrected as soon as possible from the time the department is made aware that pay warrant is in error. LOCAL. NO. 1 - 68 - 2005-2008 MOU SECTION 34 - FLEXIBLE STAFFING Pay errors in employee pay shall be corrected as soon as possible as to current pay rate but that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the six (6) month period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the appointing authority or designee, the Director of Human Resources or designee, or the Auditor- Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. When the County notifies an employee of an overpayment and proposed repayment schedule and the employee wishes to meet with the County, a meeting will be held at which time a repayment schedule shall be determined. If requested by the employee, a Union representative may be present at a meeting with management to discuss a repayment schedule in the case of overpayments to the employee. SECTION 34 - FLEXIBLE STAFFING Certain positions may be designated by the Director of Human Resources as flexibly staffed positions. Positions are generally allocated at the first level of the job series when vacated. When the position is next filled and an incumbent of one of these positions meets the minimum qualifications for the next higher level and has met appropriate competitive requirements he or she may then be promoted to the next higher classification within the job series without need of a classification study. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to promote an employee on the first of the month when eligible, said appointment shall be made retroactive to the first of the month when eligible. An employee who is denied a promotion to a flexibly staffed position may appeal such denial to the Merit Board. SECTION 35 - 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 for which no eligible or insufficient eligibles to complete the certification will accept appointment to the position, the Director of Human Resources 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 shall a permanent position be filled by a provisional appointment for a period exceeding six (6) calendar months except under the following conditions: a. If an examination has been announced for the class and recruitment of applicants is in process, the Director of Human Resources may authorize a continuation of provisional appointments until an eligible list is established. b.. In case of a provisional appointment to a permanent position vacated by a leave of absence, such provisional appointment may be continued for the duration of said leave. A provisional appointment shall be terminated within thirty (30) days after the date of certification of eligibles from an appropriate eligible list. All decisions of the Director of Human Resources relative to provisional appointments are final and not subject to the grievance procedure. LOCAL NO. 1 - 69 - 2005-2008 MOU SECTION 36 - PERSONNEL FILES Before filling a position by a provisional appointment, the appointing authority, shall post notice and shall consider current qualified employees for the appointment..Only if there are insufficient internal applicants to constitute a full certification may the appointing authority consider applicants from outside County service. SECTION 36 PERSONNEL FILES An employee shall have the right to inspect and review any official record(s) relating to his or her performance as an employee or to a grievance concerning the employee which is kept or maintained by•the County in the employee's personnel file in the Human Resources Department or in the employee's personnel file in their Department. The employee's union representative, with written authorization by the employee, shall also have the right to inspect and review any official record(s) described above. The contents of such records shall.be made available to the employee and/or the employee's union representative, for inspection and review at reasonable intervals during the regular business hours of the County. Employees shall be permitted to review their personnel files at the Personnel office during their working hours. For those employees whose work hours do not coincide with the County's business hours, management shall provide a copy of the employee's personnel file for the employee's`review. The custodian of records will certify that the copy is a true and correct copy of the originaffile. The County shall provide an opportunity for the employee to respond in writing to any information which is in the employee's personnel file about which he or she disagrees. Such response shall become a 'permanent part of the employee's personnel record. The employee shall be responsible for providing the written responses to be included as part of the employee's official personnel file. This section does not apply to the records of an employee. relating, to the investigation of a possible criminal offense, medical records and .information or letters of reference. Counseling memos,which are not disciplinary in nature,, are to be retained in the file maintained by the employee's supervisor or the person who issued the counseling;memo and are not to'be transferred to the employee's central file which is normally retained,by the Human Resources Department unless such memos are subsequently used in conjunction':with a disciplinary action such as a letter of reprimand. All documents pertaining to disciplinary actions shall be placed inthe employee's official personnel file within five (5) work days after the time management', becomes'aware of the incident and has completed itsinvestigation as to whether the employee is culpable and shall be date stamped or dated at time of entry. This section is not intended to include supervisor's notes or reminders of specific incidents or ongoing reports such as attendance records. Generally, such investigations should be completed within thirty (30) calendar days of the date management becomes aware of the incident(s), it being understood that under certain circumstances such as the unavailability of witnesses or the possibility of a criminal act having been committed may cause the investigation to take longer than the aforementioned thirty (30) days. Copies. of written reprimands or memoranda pertaining to an employee's unsatisfactory performance which are to be placed in the employee's personnel file shall be given to an employee who shall have the right to respond in writing to said documents. Letters of reprimand are subject to the grievance procedure'but shall not be processed .past Step. 3 unless said letters are used in a subsequent discharge, suspension or demotion of the employee, in which case an appeal of the letters of reprimand may be considered at the same time as the appeal of the disciplinary action. Prior to being submitted to Step 3 of the grievance procedure, either party may request fact finding to assist in the resolution of the dispute. One (1) LOCAL NO. 1 70 2005-2008,MOU SECTION 37 - SERVICE AWARDS fact finder shall be selected by each party to the dispute within ten (10) work days from the initial request for fact finding. The fact finder shall have twenty (20) work days from notice of selection to investigate and render opinions to the Director of Human Resources. Copies of letters of commendation which are to be placed in the employee's personnel file will be given to the employee. Employees have the right to review their official personnel files which are maintained in the Human Resources Department or by their departments. In a case involving a grievance or disciplinary action, the employee's designated representative may also review his/her personnel file with specific written authorization from the employee. The County shall supply the Union with lists of official personnel files and locations. Derogatory material in an employee's personnel file over two years old will not be used in a subsequent disciplinary action unless directly related to the action upon which the discipline is taken. Derogatory material does not include prior suspensions, demotions or dismissals for cause. The County will participate in a committee of four (4) union and four (4) operating department managers to revise and clarify MOU Section 36, Personnel Files. Subject committee will be chaired by a non-voting chairperson from the County Human Resources Department and will hold their first meeting within ninety (90) days of approval of this MOU and will issue a report within one hundred eighty (180) days of the date of the first meeting. SECTION 37 -SERVICE AWARDS The County shall continue its present policy with respect to service awards including time off provided, however, that the type of award given shall be at the sole discretion of the County. The following procedures shall apply with respect to service awards: a. Presentation Before the Board of Supervisors. An employee with twenty (20) or more years of service may go before the Board of Supervisors to receive his/her Service Award. When requested by a department, the Human Resources Department will make arrangements for the presentation ceremony before the Board of Supervisors and notify the department as to the time and date of the Board meeting. b. Service Award Day Off. Employees with fifteen (15) or more years of service are entitled to take a day off with pay at each five (5) year anniversary. SECTION 38 - REIMBURSEMENT FOR MEAL EXPENSES Employees shall be reimbursed for meal expenses under the following circumstances and in the amount specified: a. When the employee is required by his/her Department Head to attend a meeting concerning County business or County affairs. b. When the employee is required to be out of his/her regular or normal work area during a meal hour because of a particular work assignment. C. When the employee is required to stay over to attend consecutive or continuing afternoon and night sessions of a board or commission. d. When the employee is required to incur expenses as host for official guests of the County, work as members of examining boards, official visitors, and speakers or honored guests at banquets or other official functions. e. When the employee is required to work three (3) or more hours of overtime or LOCAL NO. 1 - 71 - 2005-2008 MOU SECTION 39 - DETENTION FACILITY MEALS scheduled to work overtime with less than twenty-four, (24) hours notice; in this case he or she may be reimbursed in accordance with ahe Administrative Bulletin on Expense Reimbursement. Meal costs will be reimbursed only when eaten away from.home or away from the facility in the case of employees at twenty-four(24) hour institutions. SECTION 39 - DETENTION FACILITY MEALS The charge for a meal purchased in a detention facility by employees represented by Local No. 1 is one dollar ($1.00) per meal. Employees assigned to a detention facility are not, however, required to purchase a meal. SECTION 40 -COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY The loss or damage to personal property of employees is subject to reimbursement under the following conditions: a. The loss or damage must result from an event which is,Inot normally encountered or anticipated on the job and which is not subject to the control of the employee. b. Ordinary wear and tear of personal property used on the job isnot compensated. C. Employee tools or equipment provided without the "'express approval of the Department Head and automobiles are excluded from reimbursement. d. The loss or damage must have occurred in the line of duty. e. The loss or damage was not a result of negligence or lack of proper care by the employee. f. The personal property was necessarily worn or carriedby the employee in order to adequately.fulfill the duties and requirements of the job. g. The loss or damage to employees eyeglasses, dentures or other prosthetic devices did not occur simultaneously with a job connected injury covered by Workers' Compensation. h. The amount of reimbursement shall be limited to the actual cost .to repair damages. Reimbursement for items damaged beyondrepair shall be limited to the actual value of the item at the time of loss or damage but not more than the original cost. i. The burden of proof of loss rests with the employee. / j. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation. for. Loss 'Or. Damage to Personal Property. SECTION 41 - UNFAIR LABOR PRACTICE Either the County or the Union may file an unfair labor practice as defined in Board of Supervisor's Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not LOCAL NO. 1 - 72 - 2005-2008 MOU SECTION 42 - HARASSMENT resolved in discussions between the parties within thirty (30) work days from the date of receipt, may be heard and decided by a mutually agreed upon impartial third party. SECTION 42 - HARASSMENT Harassment is any treatment of an employee .which has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. Such conduct includes but is not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature; arbitrary or capricious changes of assignments, or display of a hostile attitude toward an employee by a supervisor which is not justified or necessary in the proper supervision of the work of the employee. SECTION 43 - LENGTH OF SERVICE DEFINITION (For Service Awards and Vacation Accruals 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 reemployed in a permanent County position, or is reemployed in a permanent County position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation. The Director of Human Resources shall determine these matters based on the employee status records in his department. SECTION 44- PERMANENT PART-TIME EMPLOYEE BENEFITS Permanent part-time employees receive prorated vacation and sick leave benefits. They are eligible for health, dental and life insurance benefits at corresponding premium rates providing they work at least fifty percent (50%) of full-time. If the employee works at least fifty percent (50%) of full-time, County retirement participation is also included. SECTION 45 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. SECTION 46 - PERMANENT-INTERMITTENT EMPLOYEES HEALTH PLAN 46.1 A permanent-intermittent employee represented by Contra Costa County Employees Association, Local No. 1 may participate in the County Group Health Plans if combined medical, dental and life insurance coverage is wholly at the employee's expense but at the group insurance rate. 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 Plans and reinstatement may only be effectuated during the annual open enrollment period. 46.2 Effective one hundred and twenty (120) days after all Coalition Employee Organizations have signed their respective Letters of Understanding, the following benefit program shall be offered to permanent-intermittent employees: LOCAL NO. 1 - 73 - 2005-2008 MOU SECTION 47 - PROVISIONAL EMPLOYEE BENEFITS a. Program. The County shall offer CCHP Plan A-2 at the subvention rate of sixty- four percent (64%) of the cost of the premium for a single individual, to,those 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 month. In order to maintain eligibility, a permanent-intermittent employeemust remain in paid status during each successive month. C. Pre-Pay. Employees who have achieved eligibility under the ;terms 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 meet the eligibility requirements .and who have been voluntarily paying for a county group health program shall be allowed to enroll in CCHP Plan A-2 without a waiting period. d. Family Coverage. Employees may elect to purchase at their own expense, family coverage, including domestic partner, and shall follow the procedures outlined in C. above for payment for this optional coverage. e. Implementation. There shall be a sixty (60) day Open Enrollment period with the initial date of coverage effective August 1, 2000. Subsequent Open Enrollment periods shall be for thirty (30) days and coincide with the open enrollment period for County employees beginning in 2001. Permanent-intermittent employees who are not currently eligible, but who subsequently meet the eligibility requirements, shall be notified of their eligibility and shall have thirty (30) days to decide whether or not to elect coverage under this program. f. Employees who are temporarily ineligible may purchase, at their own cost, the. plan in accordance with the procedures set forth by the Contra Costa County 1 Health Plan. Nothing in Section 46.2 shall prevent an employee from electing healthcoverage under either Section 46.1 or Section 46.2 SECTION 47 - PROVISIONAL EMPLOYEE BENEFITS Provisional employees, who are not permanent employees of the County immediately prior to their provisional appointment, are eligible for vacation and sick leave benefits. Provisional employees may participate in the County Group Health Plan of combined medical, dental and life insurance coverage wholly at the employee's expense but at the group insurance rate. 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. SECTION 48 HAZARD PAY DIFFERENTIAL FOR HEALTH SERVICES EMPLOYEES Any employee assigned to a position which 1) involves some number of work hours assigned to Wards 4C and 4D, Hospital Emergency Room, Hospital Reception Center, Main Detention Facility, Richmond Psychiatric Emergency Room, or Conservatorship Program, or 2) requires continuous direct contact with patients having a contagious disease, or 3) any other employee LOCAL NO. 1 - 74 - 2005-2008 MOU SECTION 49 - LUNCH PERIOD whom the Board of Supervisors may by resolution authorize, shall receive per hour worked a premium of five percent (5%) of the hourly equivalent of his/her base rate in addition to his/her regular compensation and in addition to the shift differential provided for in this MOU where he/she meets the requirements of both Section 10 and this Section. SECTION 49 - LUNCH PERIOD Employees who are in a pay status during their lunch are on call during their lunch period. Employees who are not in a pay status during their lunch are on their own time during their lunch period. SECTION 50 - REST BREAKS Employees shall be entitled to a rest break for each four (4) hours of work. Scheduling of rest breaks shall be determined by management. SECTION 51 - HEALTH EXAMINATION Employees of the County who work in a Health Services Department facility will annually be required to complete a 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 to show proof of having had two (2) 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 is negative, the appointing authority or designee will recommend that the employee become immunized. If the employee has direct patient contact and refuses to become immunized, an attempt will be made to relocate the employee to a non-patient care area if possible. SECTION 52 -CLASSIFICATION STUDIES, SPECIAL STUDIES OR OTHER ACTIONS A. The County and Local One agree to establish a subcommittee comprised of three (3) labor and three (3) management employees to review the MOU and to identify and recommend to the parties, the corrections of all typographical errors, inadvertent errors and omissions, and the deletion of obsolete language. B. Wellness Incentive Program. A broad-based pilot Wellness Incentive Program will be developed with input from the joint Labor/Management Wellness Committee. The purpose of this program will be to reward County employees with incentives for participating in Wellness Program activities and encourage them to live healthier lifestyles. The Wellness Committee will work closely with the Human Resources Department on program design and implementation. Program Design. The Wellness Incentive Program design will include the development of additional wellness activities to compliment the current Employee Wellness Program schedule and collaboration with health plan carriers to develop special programs and activities for County employees and to encourage participation in their established wellness activities. Special emphasis will be placed on supporting major programs such as: Smoking Cessation, Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings and Health Fairs. Format. A point value system for program participation will be developed wherein each wellness activity and program will be assigned a point value. Points will accumulate and incentive prizes will be awarded to employees upon realizing LOCAL NO. 1 - 75 - 2005-2008 MOU SECTION 53 - TEMPORARY EMPLOYEES certain point levels. The value of the prizes will increase with higher point values and one (1).grand prize will be awarded each year to the employee with the highest number of points. Incentives. A series of incentive prizes will be assigned ,to certain point values. In addition, recognition for employee and department ';:participation will be an important aspect of the Wellness Incentive Program. Referral. The parties agree to refer the contents of this proposal to the Wellness Committee for its consideration. C. Other Actions. Permanent-Intermittent and Permanent Part-time employees in classes represented by Local No. 1 who wish to have the hours of their position increased, must so request in writing. These requests''must be received by the employee's department during the month of January and/or July for the duration of this MOU. a Departments reviewing these requests will evaluate them within thirty (30) days of their receipt by considering the actual hours assigned to and worked by the employee during the previous six (6) months and the anticipated continuing need from their assignment on an increased basis. Those requests which are approved by the department for an increase in hours will be submitted for consideration by the County as a P300 request within an additional sixty (60) days. Nothing contained herein shall conflict with layoff/reemployment provisions. D. The County and Local One agree to work out a mutually satisfactory policy regarding scheduling of vacations in the Library with particular attention to scheduling of employees who work at"paired branches." SECTION 53 -TEMPORARY EMPLOYEES A. Temporary Employees. Temporary employees hired on or after January 1, 1997 may work a maximum of 1600 hours within a department. Thereafter, that temporary may not work in that department for one year':as a temporary. Temporary employees "hired after March' 1, 2000 in',the classifications listed below, may work a maximum of 2080 hours within the Probation Department. Thereafter, that temporary may not work in the Probation Department for one year as a temporary. IKWA Cook GK7A Custodian 1 KVD Institutional Services Worker Nothing in this section shall preclude a department from terminating a temporary prior to the temporary reaching the maximum hours allowable. This Subsection A shall be inapplicable to the following Classifications: Family Support Collection Officer Probation Counselors LOCAL NO. 1 - 76 - 2005-2008 MOU SECTION 53 - TEMPORARY EMPLOYEES Occupational Therapists - Per Diem Physical Therapists- Per Diem Classifications in the Deputy Public Defender Unit Temporary appointments to fill vacancies resulting from leaves of absence i.e., maternity leaves, medical leaves, Workers' Compensation), temporary assignments for pre-specified periods and short-term, specified seasonal work, are excluded. Nothing in this agreement precludes the parties from meeting and conferring over future exceptions. B. The County agrees to meet and confer with the Unions concerning the future use of represented temporary employees. C. Appointment to a Permanent Position. If a temporary employee is appointed to a permanent position, credited paid time off hours and earned, but not yet credited paid time off hours, shall be converted to vacation hours and subject to the MOU provisions relating to vacation, except that when a temporary employee is appointed to a permanent position, the employee shall be allowed to use the earned paid time off hours during the first six (6) months of employment in a permanent position. D. Health Benefits for Temporary Employees. Effective one hundred and twenty (120) days after all Coalition Employee Organizations have signed their respective Letters of Understanding, the following benefit program shall be offered to temporary employees:- 1 mployees:1. Program. The County shall offer CCHP Plan A-2 at the subvention rate of fifty percent (50%) of the cost of the premium for a single individual, to those temporary employees who meet and maintain eligibility. 2. 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 month. In order to maintain eligibility, a temporary employee must remain in paid status a minimum of forty (40) hours during each successive month and maintain an average of fifty percent (50%) time year-to-date from the date of eligibility. 3. Pre-Pay. Employees who have achieved eligibility under the terms of D.2 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, temporary employees who meet the eligibility requirements and who have been voluntarily paying for a County group health program shall be allowed to enroll in CCHP Plan A-2 without a waiting period. 4. Family Coverage. Employees may elect to purchase at their own expense, family coverage, including domestic partner, and shall follow the procedures outlined in 3. above for payment for this optional coverage. 5. Implementation. There shall be a sixty (60) day Open Enrollment period with the initial date of coverage effective August 1, 2000. Subsequent LOCAL NO. 1 - 77 - 2005-2008 MOU SECTION 54 - ADOPTION Open Enrollment periods shall be for thirty (30) days and coincide with the open enrollment period for County employees beginning in 2001. Temporary employees who , are not currently eligible, but who subsequently meet the eligibility requirements, shall be notified of their eligibility and shall have thirty (30) days to decide whether or not to elect coverage under.this program. E. Upon receipt of a request by the Union, the Human Resources Department agrees to meet to discuss the issues related to continuous testing and the frequency of such testing regarding specific classifications. F. Effective January 1, 2000, the County shall provide quarterly reports regarding temporary employees which include the following information: employee name, classification, department, mail drop I.D., and number of hours worked" in all classifications and departments on a calendar year-to-date basis. SECTION 54 -ADOPTION The provisions of this MOU shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. SECTION 55 -SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS 55.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding "of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this MOU demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms!"of this MOU by mutual agreement: The Union understands and agrees that ,the County is not obligated to meet and confer regarding wages, hours or conditions of employment during the term of this extended agreement, except as otherwise required by law. 55.2 Separability of Provisions. Should any section, clause or provision of this MOU be declared illegal, unlawful or unenforceable, by final judgment ''of a court of competent 'jurisdiction, such invalidation of such section, clause or provision" shall not invalidate the remaining portions hereof, and such remaining portions shall remain"lin full force and effect for the duration of this MOU. i 55.3 Personnel Management Regulations. Where a specific provision contained in a section of this MOU conflicts with a specific provision contained in 4 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 of this MOU and those provisions of the Personnel!,,Management Regulations which are not within the scope of representation shall be considered inil full force and effect. 55.4 Duration of Agreement. This Agreement shall continue in full force and effect from_October 1, 2005 to and including September 30, 2008. Said Agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other prior to LOCAL NO. 1 - 78 - 2005-2008 MOU SECTION 56 - FAIR LABOR STANDARDS ACT PROVISIONS sixty (60) days from the aforesaid termination date of its intention to amend, modify or terminate the Agreement. SECTION 56 - FAIR LABOR STANDARDS ACT PROVISIONS The Fair Labor Standards Act, as amended, may govern certain terms and conditions of the employment of employees covered by this MOU. It is anticipated that compliance with the Act may require changes in some of the County policies and practices currently in effect or agreed upon. If it is determined by the County that certain working conditions, including but not limited to work schedules, hours of work, method of computing overtime, overtime pay and compensatory time off entitlements or use, must be changed to conform with the Fair Labor Standards Act, such terms and conditions of employment shall not be controlled by this MOU but shall be subject to modification by the County to conform to the federal law, without further meeting and conferring. The County shall notify the Union (employee organizations) and will meet and confer with said organization regarding the implementation of such modifications. SECTION 57—SAFETY IN THE WORKPLACE The County shall expend every effort to see to it that the work performed under the terms and conditions of this MOU is performed with a maximum degree of safety consistent with the requirement to conduct efficient operations. Departments without a Safety Committee shall establish a committee within ninety (90) days of the effective date of this agreement. The Union shall appoint all labor representatives to the Committee. All Safety Committees shall schedule their meetings. SECTION 58 - UNIT ITEMS Specific working conditions for the various units represented by the Union are listed in Attachments 58.1 through 58.11. Execution Date: CONTRA COSTA COUNTY PEU, LOCAL ONE LOCAL NO. 1 - 79 - 2005-2008 MOU SECTION 58 - UNIT ITEMS .58.1 -Agriculture -Animal Services Unit Agricultural Personnel A. The. Safety Committee for the Department of Agriculture will remain in effect and will continue to be constituted as follows: One (1) Agricultural Biologist and one (1) Pest Detection Specialist and appropriate management representatives. B. Permanent employees in the classifications of Agricultural :Biologist II, Agricultural Biologist III, and Weights & Measures Inspector III who possess a valid certificate as a Deputy Agricultural Commissioner shall receive a salary differential of three and one-half percent (3 'h%) of base pay. C. In recognition of the fact that they work full-time for a significant portion of each year, Permanent-Intermittent employees in the class of Pest Detection Specialist-Project (B9W1) shall be paid for eight (8) hours on any recognized County holiday that occurs in a month where they are in a pay status for eight (8) hours on each work day in that month. In those months in which the employees are continuously employed, both at the beginning and the end of the month, but are not in a pay status for eight (8) hours on each work day, they shall be paid a pro rata share of the eight (8) hours holiday pay based on the portion of the work hours in the month that they were in a pay status. Weights& Measures Division - Department of Agriculture A. The Safety Committee shall consist of one (1) Weights & Measures Inspector and appropriate management representatives. B. As circumstances dictate, these this committee and the Agriculture Safety Committee may meet jointly to discuss safety problems of mutual interest. C. Permanent employees in the classification of Weights & Measures Inspector II, Weights & Measures Inspector III and Agricultural Biologist/Weights & Measures Inspector III who possess a valid certificate as a Deputy Sealer of Weights and Measures, shall receive a salary differential of three and one-half percent (3 '/2%) of base pay. D. One (1) employee, as designated by the Department in the classification of Weights & Measures III shall receive a two and one-half percent (2.5%) differential for operating heavy equipment and inspecting. Animal Services Personnel A. Letters of commendation received by the Department shall be placed in the individual employee file. B. Duffel Bag. The Animal Services Department agrees to provide all Animal Services Officers with a duffel/equipment bag for equipment. These bags will be the property of the Animal Services Department and labeled as such. C. Uniforms. The uniform allowance for employees in the classification of Animal Services Officer and Animal Services Sergeant shall be $800.00 per year. Uniforms must be maintained at a standard acceptable to the department. If an increase in the uniform allowance is subsequently approved for Deputy Sheriffs, Animal Services Officers and LOCAL NO. 1 _ 80 - 2005-2008 MOU SECTION 58 - UNIT ITEMS Animal Services Sergeants shall receive an increase equal to that received by Deputy Sheriffs. D. The Animal Services Officers and Sergeants shall follow the dress code in Chapter 3 of the Officers Field Service Manual. F. Raingear. The Animal Services Department agrees to provide Kennel staff with raingear as needed for working outside the shelter. The Animal Services Department agrees to reimburse Kennel Staff (Kennel Staff refers to employees who, on a daily basis, clean and maintain kennels, cat cages, corrals, stalls, and other animal holding cages. The current classifications include Senior Animal Center Technician, Animal Center Technician, Utility Workers, and Special Qualification Worker), for the purchase of black, or blue denim trousers up to two hundred dollars ($200.00) per employee per year. F. Departmental Fee Reimbursement. Once during the term of this MOU, each employee in the Animal Services Department may be reimbursed for departmental license and adoption fees incurred by the employee in an amount not to exceed the amount charged by the department for these fees. An employee adopting an animal under this section shall be responsible for payment of all other normal and customary fees associated with that adoption. G. Outerwear. The Animal Services Department agrees to reimburse Kennel Staff up to fifty dollars ($50.00) per year for the purchase of outerwear of a type approved by the Department. H. The Safety Committee for the Department of Animal Services will remain in effect and will continue to be constituted as follows: One (1) Animal Services Officer and one (1) Animal Center Technician and appropriate management representatives. Committee meetings will be held at least once quarterly, provided that either the union or management may call meetings more frequently to discuss safety issues. I. The Animal Services Department has instituted a one-half ('/2) hour lunch period for all employees in the classification of Animal Center Technician. Management will determine the time of the lunch period and the starting and quitting times for each employee. Crucial to the continuance of the one-half ('/2) hour lunch period will be the impact on service to the public. J. The Animal Services Department agrees to continue the current policy of allowing Animal Services Officers and Kennel personnel to sign up for shifts on the basis of seniority. K. The Animal Services Department intends to continue the current 4/10 work schedule for the duration of this MOU. Both the County and the Union understand that continuation of the 4/10 work schedule during the term of this MOU is contingent on adequate funding and retention of sufficient non-probationary personnel to insure adequate service levels. The determination of adequate funding, staffing and service levels is the sole prerogative of the Department, except to the extent required by law to meet and confer on the impact of staffing levels. The County agrees to notify the Union and to meet and confer if the 4/10 schedule is to be terminated. L. Animal Services Officers who are required to testify in Court on their day off will receive a minimum of four(4) hours of overtime pay. LOCAL NO. 1 _ 81 - 2005-2008 MOU 58.2 - Attendant-LM-Aide Unit M. For employees in the Animal Services Department assigned to units or services on a shift operational cycle which includes Saturday as designated by the appointing authority (rather than Monday through Friday, eight (8) hours per day or 9/80 schedule), holidays will be observed on the day on which the,holiday falls even if it is a Saturday. N. Animal Services Officers Participating in Search Warrants. The Department will compensate individual Animal Services Officers in the amount of one hundred dollars ($100.00) per incident for time spent in assisting police agencies in the serving of search warrants. Only employees involved in actual entry team activities shall be so compensated. The. Department continues to retain the sole right to select and assign Animal Services Officers to such search warrant duty. No provision of this section or its application shall be subject to the grievance procedure. O. Life Insurance. Effective January 1, 1997, $45,000 Group Term Life Insurance will be provided for Animal Services Officers. Premiums for this insurance will be paid by the County with conditions of eligibility to be reviewed annually. P. The County agrees that if there are amendments to State law during the term of this agreement that allow employees in the Animal Services OfFcer series to be eligible for safety retirement, and such amendments are adopted by Resolution of the Contra Costa . County Board of Supervisors, the County will meet and confer on this issue. Q. Surgical Scrubs. The Animal Services Department shall provide medical staff who work in the Spay/Neuter Clinic or in Shelter Surgery with surgical scrubs. The employee is I esponsible for cleaning and maintenance of the garments. 58.2 -Attendant-LVN-Aide Unit The following provisions are effective November 1, 1989 unless otherwise specified: A. The County will observe the following holidays: January 1 st, known as New Year's Day 3rd Monday in January known as Dr. M. L. King Jr. Day 3rd Monday in February, known as Presidents' Day The last Monday in May, known as Memorial Day July 4th, known as Independence Day First Monday in September, known as Labor Day November 11th, known as Veteran's Day 4th Thursday in November, known as Thanksgiving The Friday after Thanksgiving December 25th; known as Christmas Day Such other days as the Board of Supervisors may by resolution designate as holidays. B. Employees in positions which are designated as 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 Day C. Employees who only celebrate the holidays listed in A above 'shall accrue two (2) hours of personal holiday credit-per month. Such personal holiday time may be taken in LOCAL NO. 1 - 82 - 2005-2008 MOU 58.2 - A ttendant-L VN-Aide Unit increments of one (1) hour, and preference of personal holidays shall be given to employees according to their seniority in their department as reasonably as possible. No employee may accrue more than forty (40) hours of personal holiday credit. On separation from County service, an employee shall be paid for any unused personal holidays credits at the employee's then current pay rate. D. The following provisions indicate how holiday credit is to be applied: 1. Employees on the five (5) day forty (40) hour Monday through Friday work schedule shall be entitled to a holiday whenever a holiday is observed pursuant to the schedule cited above. 2. Employees on a work schedule other than Monday through Friday shall be entitled to credit for any holiday, whether worked or not, observed by employees on the regular schedule. 3. For all employees, if a work day falls on a scheduled holiday they shall receive overtime pay or equivalent compensatory time credit (Holiday Credit) for working the holiday, or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit. The purpose of this plan is to equalize holidays between employees on regular work schedule and those on other work schedules. If any holiday listed in Section 12.1 falls on a Saturday, it shall be celebrated on the preceding Friday. If any holiday listed in Section 12.1 falls on a Sunday, it shall be celebrated on the following Monday. For employees in positions whose shifts include Saturday or Sunday as designated by the appointing authority (rather than Monday through Friday eight (8) hours per day or a designated 4/10 schedule) holidays shall be observed on the day on which the holiday falls regardless if it is a Saturday or Sunday. E. Permanent part-time and permanent-intermittent employees in the Hospital Nursing Service who work on a holiday shall receive overtime pay or compensatory time credit for all hours worked, up to a maximum of eight (8). Permanent part-time employees who do not work on a holiday shall receive holiday credit in the same ratio to the holiday credit given full-time employees as the number of hours per week in the part time employee's schedule bears to the number of hours in the regular full-time schedule, regardless of whether the holiday falls on the part-time employee's regular work day. F. 4/10 Shift- Holidays. 1. Holiday Shift Pay. Each 4/10 shift employee who works a full shift on a holiday shall receive time and one-half for the first eight (8) hours worked in addition to regular pay for the holiday. Holiday shift pay shall be subject to provisions of Section 7 - Overtime. 2. Absence on Holiday. The maximum time charged to sick leave, vacation or leave without pay on a holiday shall be two (2) hours. G. Accrual of Holiday Time. Employees entitled to overtime credit in positions which work around the clock shall be permitted to elect between pay at the overtime rate or LOCAL NO. 1 - 83 - 2005-2008 MOU 58.2 -.Attendant-LM-Aide Unit compensatory time off in recognition of holidays.Worked. The following procedures shall apply to this selection: 1. 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 made known to the County during each of the calendar months of June, September, December and March for the duration.of this MOU. 2. Employees starting work after a list of those electing to accrue holiday time has been submitted to the Auditor and approved,-will be paid overtime unless they." specifically requested in writing within seven (7) calendar days to be placed on the accrual list. 3. Holiday time shall be accrued at the rate of one and,one-half,(1-1/2) time the actual hours worked to a maximum of eight (8) hours worked by the employee. 4. 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 (288) hours, holiday time shall be paid at the overtime rates specified in Section 7. 5. Accrued holiday , credit may be taken off at times determined by mutual agreement of the employee and the Department Head. H. Each permanent employee working in the Hospital Nursing Service and who qualifies for paid holidays shall not be required to work on at least one (1) of the following holidays each year: Thanksgiving, Christmas, New Year's Day. I. Employees in this unit who are employed at CCCRMC and are required to work on Thanksgiving, Christmas or New Year's Day will be provided a free meal in the Hospital Cafeteria between the hours of 6:00 a.m. and 6:00 p.m. J. Shift Differential. 1. An employee who works overtime shall receive shift;:differential in addition to overtime compensation only when the overtime hours'independently satisfy the requirement for shift differential as stated above. The shift differential shall be computed on the employee's base salary. 2. When a shift employee works on a recognized holiday, the employee shall be entitled to holiday pay and shift differential to be computed on the employee's base salary. 3. An employee in the Hospital Nursing Service, including Sterile Processing who works an evening shift in which the employee works four (4) or more hours after 5:00 p.m. shall receive a shift differential of seven,and'one-half percent (7-1/2%) of the employee's base pay. Split shifts in the Hospital Nursing Service with more than one and one-half (1- 1/2) hours between the two portions of the shift shall also qualify for the seven and one-half percent (7-1/2%) hourly differential. LOCAL NO. 1 -'84 - 2005-2008 MOU 58.2 - Attendant-LVN-Aide Unit An employee in the Hospital Nursing Service who works a night shift in which the employee works four (4) or more hours before 8:00 a.m. shall receive a shift differential of ten percent (10%) of the employee's base pay. K. Stat Call. A ten percent (10%) base pay salary differential shall be paid for those shifts on which employees in this and/or other Local No. 1 bargaining units are specifically assigned by the administration to respond to emergency stat-calls if said employees do not qualify for other hazard assignment differential. A five percent (5%) base pay salary differential shall be paid for those shifts in which employees are specifically assigned to respond to emergency stat-calls if said employees qualify for other hazard assignment differential, said five percent (5%) to be in addition to the hazard pay differential. It is further understood that acceptance of the assignment to stat-calls for those employees hired prior to April 1, 1979 shall be voluntary, provided, however, if insufficient employees volunteer for the stat-calls assignment or additional employees are required on a particular shift, nursing administration shall select employees under their supervision judged to be qualified to handle such assignments because of prior experience and training. All Hospital Attendants, Psychiatric Technicians and Licensed Vocational Nurses hired on April 1, 1979 or thereafter will be advised that they may be required to handle stat-calls and if required will receive training for such assignments. It is the intention of administration to assign employees to stat-calls on a continuing volunteer basis. Employees may request that they be removed from the stat-calls assignment by submitting a request in writing stating the reasons for such request. The administration may remove employees from the stat-calls assignment where it is demonstrated they are no longer capable of handling such assignments. Effective October 1, 1994 the STAT Team shall be composed of volunteers. This shall be a six (6) month trial program -subject to joint labor/management review at the end of six (6) months. L. Professional Standards Committee. The County recognizes the continuation of an advisory Professional Standards Committee comprised of Licensed Vocational Nurses, Psychiatric Technicians and Hospital Attendants employed in the Health Services Department. Such a committee shall develop and communicate recommendations only to the Director of Hospital Nursing or Director of Ambulatory Care Nursing and Hospital Administration. The Professional Standards Committee shall schedule one (1) regular meeting at a mutually agreeable time and place during the day shift working hours and the Health Services Department agrees to release a total of six (6) employees; three (3) Licensed Vocational Nurses, one (1) Surgical Technician and one (1) Psychiatric Technician and one (1) Hospital Attendant for a period not to exceed two (2) hours excluding travel time for any one member to attend such meeting. Such Committee members and their alternates shall be selected by Local No. 1. Numerical membership on the Professional Standards Committee shall be such so as to preclude disruption of work activities of any particular work area and shall include at least one (1) representative from the outpatient clinics. Upon two (2) weeks notice, the Committee may request, with approval of the Director of Hospital Nursing or Director of Ambulatory Care Nursing as appropriate, that other personnel attend the monthly meetings, provided that such personnel are furnished with the reasons they have been invited and a written agenda for the meeting they have been asked to attend. The Health Services Department agrees to meet with the LVN-Professional Standards Committee within sixty (60) days following the ratification of this MOU to discuss such issues as scope of practice, team nursing and the float policy. LOCAL NO. 1 - 85 - 2005-2008 MOU 58.2 - Attendant-LVN-Aide Unit M. Detention Facility. Members of the unit assigned to work in the detention facilities (including Marsh Creek, West County, Orin Allen Youth Rehabilitation-Facility, Martinez Detention Facility, Juvenile Hall, Chris Adams Girls Treatment Center, and Summit Center for Boys) shall receive in addition to their base pay a differential of five percent (5%) of base pay as premium compensation for this assignment. N. Weekend Differential. Employees in the Attendant/LVN/Aide Unit shall receive a weekend shift bonus of twenty-five dollars ($25.00) per shift for each weekend shift worked which: 1) falls on weekends for which the employee 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 4) is not the result of a trade. The employee is to note such qualifying shifts on his/her time sheets in order to receive this compensation. O. Hospital Schedules. The Health Services Department shall continue to schedule Licensed Vocational Nurses, Psychiatric Technicians and Hospital Attendants with every other weekend off. P. Permanent-Intermittent Differential. Permanent-intermittent Licensed Vocational Nurses and Psychiatric Technicians shall be paid a differential of seven and one-half (7-1/2) percent of their base pay. Q. O.R. — Sterile Processing' -On-Call. Sterile Processing Personnel, and/or a Surgical Technologist assigned to on-call for the Operating Room or Post Anesthesia Recovery shall be paid one (1) hour of straight time pay for each two ,(2) .hours on-call. Sterile Processing Personnel, and/or a Surgical Technologist who is in on-call status for the Operating Room and is called back to duty shall be paid for the actual time spent plus one (1) hour, but not less than three (3) hours total for each call-back. On-call pay will not be paid for call-back time. R. Contiquous Shifts. At the County's request, if an employee in this unit works on all or parts of two contiguous shifts (more than eight (8) continuous hours) which is outside the employees regular work schedule and the first eight (8) hours fall on one day and the additional hours fall on the following day, the employee shall be''paid a differential of one- half ('/z) the employees base salary rate in addition to the employees base salary rate for the hours worked in excess of eight (8) hours. Employees in this unit working at the CCCRMC who, at the County's request work two contiguous shifts (sixteen (16) continuous hours) shall be provided a meal in the hospital cafeteria at no cost to the employee Employees in the Hospital Nursing Service who work a double shift shall receive twenty- five dollars ($25.00) in addition to all other compensation for each double shift worked. Employees who work from the beginning of 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 lunch breaks, exceed sixteen (16) hours, additional prorated premium will be paid. S. Continuing Education. Each regular full-time Licensed Vocational Nurse and Psychiatric Technician with one or more years of County service shall be entitled to forty (40) hours leave with pay each year to attend accredited continuing education courses, institutions, workshops, or classes. Full-time Surgical Technicians will be entitled to fourteen (14) hours per year for the same purpose. Written requests for such leave must be submitted in advance and may be approved by the appropriate supervisor only in the event such leave does not interfere with staffing. The leave is accumulated from year-to-year if; 1) it LOCAL NO. 1 - 86 - 2005-2008 MOU 58.2 - Attendant-LM-Aide Unit is applied for and denied, 2) it is applied for this year for a course next year, and 3) if it is applied for to anticipate taking a specific course of more than forty (40) hours duration. The maximum leave available in any fiscal year may not exceed twice what may be accrued in any one fiscal year. The leave hereinabove defined shall not apply to those courses or programs the nurse is required by the County to attend. A Licensed Vocational Nurse or Psychiatric Technician assigned to the night shift who attends a continuing education course of eight (8) hours duration outside his/her 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. An employee who attends a pre-approved course on a 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 of the CE units earned. Only Board of Registered Nurses Accredited Courses will be approved. Such time off must be scheduled in advance by mutual agreement between the employee and the supervisor. Each full-time Registered Dental Assistant with one or more years of County service shall be entitled to four (4) days of paid continuing education leave every two (2) years. Permanent part-time employees shall receive prorated CE leave in the same ratio of their position hours to full-time. Each full-time Certified Nursing Assistant with one or more years of County service shall be entitled to forty-eight (48) hours of paid continuing education leave every two (2) years. T. Charge Pay. A fully certified Licensed Vocational Nurse or Psychiatric Technician who, at the County's' request, is placed in charge of a ward for an eight (8) hour shift shall receive an additional five dollars ($5.00) per shift. U. Hospital Call-In Procedures. The following procedures shall apply to employees in the class of Licensed Vocational Nurse, Psychiatric Technician and Hospital Attendant employed at CCCRMC who become ill prior to a scheduled work shift and supersedes Section 14A of this MOU. 1. Employees in the Hospital Nursing Service are required to notify the Nursing Office at least two (2) hours prior to the commencement of the evening or night shift or one (1) hour prior to the day shift if they are calling in sick or requesting unplanned time off. Employees in the Ambulatory Care Nursing Service are required to call in at least one (1) hour prior to then scheduled shift and leave a message in voice mail. Notification shall include the reasons and possible duration of the absence. 2. Employees in the Hospital Nursing Service returning from sick leave or emergency leave of any kind must give two (2) hours prior notice unless it was clearly understood at the outset of the leave when the employee planned to return. In the Ambulatory Care Nursing Service, to the extent possible, employees should notify the Charge Nurse by 4:00 p.m. of the day preceding their anticipated return. 3. Employees in the Hospital Nursing Service calling in sick, asking for emergency time off or calling in to say they will be late, must call the Nursing Office directly and not their unit area to advise of their intentions. LOCAL NO. 1 - 87 - 2005-2008 MOU 58.2 - Attendant-LM-Aide Unit 4. Employees who do not give the required notice of their intent not to come to work as scheduled shall be coded as absent without pay for payroll purposes unless they provide a reason which is satisfactory to Nursing Administration. Infrequent absences with justification shall normally later be charged to sick leave. Hospital Nursing Service or Ambulatory Care Nursing Service employees who are called in to work a shift for which they are not scheduled',after that shift has begun shall receive payment for actual time worked plus one.(1) hour and shall be paid a minimum of two (2) hours pay. V. Vacation. The following vacation accruals shall be effective October .1, 1981 for employees in the Attendant LVN-Aide Unit and other accruals listed in Section 13.2 shall not apply. ' Max.Cumulative Length of Service Hours Hours Under,15 years 10 240,' 15 through 19 years 13-1/3 320. 20 through 24 years 16-2/3 400' 25 through 29 years 20 480; 30 years and up 23-1/3 560' Vacation for employees in the Hospital and Clinic Divisions `'Hospital Nursing Service (including the Detention Facilities) and Ambulatory Care Nursing Services shall be scheduled on an annual cycle, April 1'through March 31. Employees must submit their written vacation request by March 1 st of each year. The hospital will post a schedule of vacations by April 1 st of each year. Only one employee per classification from each worksite and shift may receive 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 given the opportunity to request a different time before the annual schedule is posted. Vacation requests submitted after March 1 st shall be considered om a first come basis and shall be subject to staffing availability. An employee voluntarily changing worksite or shift after March 1st must resubmit a. vacation request for consideration on a first come basis. Vacations which include major holidays, Thanksgiving, Christmas and New Year's Day shall be rotated amongst staff rather than determined.by seniority. W. Appointment Salary. The County may hire new employees into classes in this bargaining unit at any step of the salary range for the particular class. Consideration shall be given to the qualifications-of the appointee relative to current incumbents. The County shall advise the Union of any appointments made at a salary level higher than that of an incumbent with equal qualifications. X. Low Census. Unanticipated declines in hospital patient census may result in the need to temporarily reduce staffing hours for periods of time not requiring formal layoff procedures. When this occurs, the Hospital Nursing Service shall use a variety of procedures to call off and reassign staff. Those procedures will generally emphasize the' call off of volunteers first, and the retention of permanent employees. LOCAL NO. 1 - 88 - 2005-2008 MOU 58.2 - Attendant-LVN-Aide Unit Employees may voluntarily request accrued time off by calling the Staffing Office and asking to be placed on a standing Absent Day list to be used for voluntary call offs in future low census days. The Staffing Office will seek voluntary call offs on a shift-to-shift basis. Employees will be floated to available assignments in other units for which they are oriented or otherwise qualified. If necessary, as assessed on a daily basis, employees will be required to take Involuntary Call Off days on an equitable rotation. Order of Involuntary Call Off will normally be Registry, Temporary, Permanent-intermittent, Permanent Part Time and Permanent Full- time. The maximum number of Involuntary Call Off days per permanent employee will not exceed one shift per month or three (3) shifts per year. Permanent employees will be offered the option of using vacation or holiday accruals if the employee has the accruals available. Otherwise, the employee will be placed on AWOP. LT, Overtime or Registry Nurses will not be assigned to work on units for which an employee who is on Involuntary Call Off day is qualified to work. Involuntary Call Offs will be reasonably distributed among the various nursing classifications consistent with the staffing patterns for patient census and acuity needs. Employees will be notified a minimum of two hours in advance of each shift for which an Involuntary Call Off day is assigned. In the event such notice is not given, the affected employee will receive a minimum of two (2) hours work at the employee's regular rate. Should the hospital make such a documented attempt to notify the employee of a cancellation of shift, but be unsuccessful in doing so, this pay provision will not apply. It is the responsibility of the employee to maintain a current telephone number with the Staffing Office. Failure to do so relieves the Hospital of the notification and pay obligations. The same procedures will be used in the event of reduced patient visits in the Ambulatory. Care Nursing Service. They will be applicable at all Clinics and Health Centers. These procedures will apply in the hospital when the patient census falls below 120. This provision shall remain in effect for the duration of this MOU. Y. Sterile Process. For employees in Sterile Processing, the County will provide pant suits as an option and shall also provide poncho type rain apparel as needed in rainy weather. Employees in Sterile Processing are scheduled on the basis of an eight and one-half hour day and are on their own time during the lunch period. If operational reasons preclude an employee from leaving the work area during the lunch period, such time shall be considered worked and will be paid at the overtime rate. Z. Public Service Officers. At the Service Integration Program Family Service Centers, the Public Service Officers shall be allowed a one-half (Y2) hour paid lunch to remain on-site throughout the 8:30 a.m. - 5:00 p.m. service hours. The Health Services Department will provide an identification card for Public Service Officers recognizing they perform their duties under the guidelines set forth in section 836.5 of the California Penal Code and Section 1250 of the Health and Safety Code. LOCAL NO. 1 _ 89 - 2005-2008 MOU 58.3 - Building Trades Unit AA. Licensed Vocational Nurse: One-time Bonus. Employees in the1icensed Vocational Nurse classification currently employed.when this Memorandum;of Understanding is approved by the Board of Supervisors, will receive a one-time lump sum payment of $500.00. This Section will sunset with the expiration of the Memorandum of Understanding on September 30, 2008. 58.3.- Building Trades Unit A.. The County shall continue to supply employees in the Building'Trades Unit with specific tools which shall be maintained and secured on County premises. No tools other than those supplied by the County may be used except upon prior authorization of the County. B. The County shall pay each employee in the .Building Trades ',Unit a reimbursement of twenty-five dollars ($25.00) per month, such to defray the cost of supplying and cleaning clothing worn in the performance of regular duties. C. Employees in the unit assigned to work in the County Detention Facility shall receive in addition to their base pay a differential of five percent (5%) of base,pay.as premium compensation for this assignment. D. The County will provide reimbursement, up to fifty dollars ($50.00) per calendar year to Painters and Steamfitters for special blood tests, the purpose of which is to detect lead or other heavy metals. A statement from the Physician must be submitted with the receipt. E. Employees in the unit who work four (4) or more hours of overtime after midnight on a regularly scheduled work day may request and shall be granted the use of vacation, holiday or compensatory time for all or part of that day. F. The parties agree that within forty-five (45) calendar days after approval by the Board of Supervisors of the MOU between the County and Local One, the General Services Department shall reach agreement with employees represented,by the Building Trades Unit and reduce to writing, a policy by each craft/shop in the method which overtime is assigned. 58.4 - Deputy Public Defenders Unit A. Professional Advisory Committee. The Professional Advisory Committee shall be continued. Said committee shall be composed of not more than two (2) employee representatives appointed by the Public Defenders Unit of Local No. 1 and two (2) department representatives and shall meet at the request of either party, within a reasonable period of time. B. Paid Personal Leave. On January 1st of each year, employees in the classes of Deputy Public Defender I, Il, III, and IV and will be credited with eighty (80) hours of paid personal leave to recognize the unavailability of overtime payments and compensatory time off for Deputy Public Defenders. Employees appointed after July 1st shall be eligible for forty (40) hours of paid personal leave on the first succeeding January.1st and shall be eligible for eighty (80) hours annually thereafter. Said personal leave must be used during the calendar year in which credited and may not be carried forward. Paid personal leave is separate from paid vacation and will be accounted for accordingly. Upon separation from County service, there shall be no payoff for unused personal leave credits. LOCAL NO. 1 _ 90 - 2005-2008 MOU 38.4 - Deputy Public Defenders Unit C. The Public Defender's Office agrees to continue the current leave policy for Deputy Public Defenders. D. Effective July 1, 1992, the Public Defender's Department agrees to discontinue the current Miranda Watch provisions that provide for one day of compensatory time for each week of Miranda Watch as set forth in the agreement between the County and the Union dated February 19, 1980. E. The County shall reimburse each Deputy Public Defender up to a maximum of six hundred dollars ($600) for each fiscal year for the following types of expenses: membership dues in legal, professional associations; purchase of legal publications; legal on-line computer services; and training and travel costs for educational courses related to the duties of a Deputy Public Defender; and software and hardware from a standardized County approved list or with Department Head approval, provided each Deputy Public Defender complies with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors. Any unused accrual may be carried forward to the next fiscal year up to eight hundred dollars ($800). The. Training Reimbursement provision contained in Section 28 of this MOU shall not apply to employees in the Deputy Public Defenders Unit. The County shall reimburse each Deputy Public Defender for California State Bar membership dues (but not penalty fees) and for criminal specialization fees. To be eligible, one must be a permanent Deputy Public Defender with the Contra Costa County Public Defender's Department as of January 1 of the calendar year for which reimbursement is requested. F. Effective the first of the month following adoption of this MOU, .the vacation schedule listed below shall be maintained for Deputy Public Defenders' Grades I, II, III, IV. Max.Cumulative Length of Service Hours Hours Under 11 years 10 240 11 years 102/3 256 12 years 11 1/3 272 13 years 12 288 14 years - 12213 304 15 - 19 years 131/3 320 20 -24 years 16-2/3 400 25 - 29 years 20 480 30 years and up 23-1/3 560 G. Effective November 1, 1984, agency shop provisions, as cited in Section 2.2 of the MOU between Local No. 1 and the County become operative. H. Effective the first month following execution of this MOU or as soon thereafter as possible, Deputy Public Defenders will be covered by a long-term disability insurance policy identical with that currently covering employees in the Deputy District Attorney class series. I. Public Defenders may choose reimbursement for up to one-third (1/3) of their annual vacation accrual, subject to the following conditions: 1. The choice can be made only once in each calendar year. LOCAL NO. 1 _ 91 - 2005-2008 MOU 58.4- Deputy Public Defenders Unit 2. Payment shall be based on an hourly rate determined by dividing the employee's monthly salary by 173.33. 3. .. The maximum number of hours that may be reimbursed in any one year is one- third (1/3) of the annual accrual. In those instances where a lump sum payment has ,been made, in lieu of a retroactive general salary adjustment for a portion of the calendar year which is subsequent to exercise .by an employee of the vacation buy-back provision herein, .that employee's vacation buy-back shall bei' adjusted to reflect the percentage difference in.base pay rates upon which the lump sum payment was computed provided that the period covered by the lump sum payment was inclusive of the effective date of the vacation buy-back. The granting of such vacation buy-back is subject to the sole discretion of the Public Defender whose decision is final. The Public Defender will meet and confer with employee representatives to develop criteria for the granting of such vacation buy-back. J. Life insurance. Effective February 1, 1997, $45,000 Group Term Life Insurance will be provided for Deputy Public Defenders. Premiums for this insurance will be paid by the County with conditions of eligibility to be reviewed annually. K. Deferred Compensation. Effective February 1, 1997, employees represented by Local One in the Deputy Public Defenders' Unit will be eligible to participate in the County's Deferred Compensation Plan. The County will contribute forty ($40) dollars per month to the deferred compensation accounts of all employees in the Public Defenders' Unit who participate in the County's Deferred Compensation Plan. Upon" adoption of this MOU by the Board of Supervisors, the County will increase the}i- deferred compensation contribution to sixty dollars ($60) per month. To be eligible for this contribution, qualifying employees must: Complete a County interest form and return it to the Benefits Service Unit, deposit the Qualifying Base Contribution Amount indicated below in his/her deferred compensation account, and maintain a minimum monthly contribution to the deferred compensation plan in the amount indicated below: Current Qualifying Monthly Base Contrib. Monthly Base Contr. Amt: For Maintaining Salary Amount Incentive Eligibility $2,500 and below $250 $50 $2,501 -3,334 500 50 $3,335 -4,167 750 50 $4,168 -5,000, 1000 50 $5,001 - 5,834 1500 100 $5,835 - 6,667 2000 100 $6,668 &Above 2500 100 Only those contributions made to the Deferred Compensation Program as of the date the. employee signs the County interest,form qualify under the program as the "Qualifying Base Contribution Amount". If for any reason an employee's monthly contribution falls below the minimum amount required, the employee is no longer eligible for the County's forty ($40) dollars per month LOCAL NO. 1 - 92 - 2005-2008 MOU 58.5 - Engineering Unit contribution and he/she must requalify for the contribution by again satisfying the above listed criteria. L. The Public Defender may grant a two and one-half percent (2.5%) performance step for incumbents in the class of Deputy Public Defender IV. Effective January 1, 2007, the Public Defender may grant an additional two and one-half percent (2.5%) performance step. 1. Employee must be at top merit step of the salary range. 2. Award must be based on an annual evaluation of work performance. 3. Will be awarded on January 1St of each year. 4. Shall remain in effect for twelve (12) months from the date performance pay is granted. May be renewed in increments of twelve (12) months at the Public Defender's discretion. 5. May be rescinded effective the first of any month based on an evaluation of performance. The Public Defender shall provide to the Department staff by January 31St of each year the names of employees who have been awarded performance pay. M. Public Defender Investigators. Benefits under Section 58.4 — Deputy Public Defenders Unit that are applicable to Public Defender Investigator I and II shall be listed below: Commencing October 1, 1999, the County shall reimburse each Public Defender Investigator up to a maximum of two hundred fifty dollars ($250) each fiscal year for the following types of expenses: membership dues in investigation/legal/professional associations; purchase of investigation/legal publications; and training travel costs for educational courses related to the duties of a Public Defender Investigator; and software and hardware from a standardized County approved list or with Department Head approval, provided each Public Defender Investigator complies with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors. Any unused accrual may be carried forward to the next fiscal year up to three hundred seventy five dollars ($375). N. County and Union agree that during the term of this MOU, the Public, Defender classification series shall have salary ranges that are the same as the appropriate salary levels of the Deputy District Attorney's classification series. This does not apply to the Deputy Public Defender special assignment classification. If during the term of this MOU, the Deputy District Attorneys enter into a MOU which includes any new benefits and/or changes to existing benefits, the County agrees to extend those new benefits and/or changes to existing benefits to the Deputy Public Defenders. 58.5 - Engineering Unit A. The Public Works Department will continue a one-half ('/2) hour lunch period for all employees in the classification of Junior Drafter and Senior Drafter. Management will determine the time of the lunch period and the starting and quitting times for each employee. Crucial to the continuance of the one-half ('/2) hour lunch period will be the impact on service to the public. LOCAL NO. 1 - 93 - 2005-2008 MOU 58.6 - Family and Children's Service Unit The existing system of one-half ('/z) hour lunch periods in the Assessor's Department will be continued. B. Employees in the classifications of Grading Technicians and Senior Grading Technicians shall be reimbursed for the actual cost of,rain gear up to a maximum of thirty-five dollars ($35.00). C. The Public Works Department and the Assessor's Office shall continue a flexible forty (40) hour work week for Junior Drafter and Senior Drafter. D. The County shall conduct an election among the members of the Engineering Unit to determine whether a majority of.those voting wish to have State'Disability coverage. E. Employees in the Real Property Agent orAuditor-Appraiser classification series shall be .eligible for reimbursement of membership dues for a bona fide professional organization related to their classification and duties (e.g. International Right of Way Association, Building Owners Management Association, Society of Auditors and Appraisers). Appropriateness of the professional organization and applicability of membership shall be subject to approval by the Department. The amount of the reimbursement shall not exceed one hundred and fifty dollars ($150.00) annually. 58.6 - Family and Children's Service Unit It is understood for this Unit that all terms and conditions of the MOU shall apply except (1) those sections which pertain to the Merit System, (2) those limited in Attachment A, as modified below, and (3) entitled Sections in the MOU modified below: a. Salaries.:Because employees in the Family and Children's Services Unit receive external State and federal funding for their programs, these employees are not eligible,for general cost of living wage adjustments negotiated between Local One and the County. Should funds become available during the life of this.MOU from any of the State or federal sources funding the Department's programs which the Community Services Department deems appropriate for an annual cost of.living adjustment or other salary increase'for employees of the Family and Children's Services Unit, the Department and Local One shall meet and confer annually during the month of July regarding the distribution of these funds. The payment of any COLAs to employees in the Family and Children's Services Unit resulting from this process shall be effective on the July 1St of that year. The above section 58.6(a), will not be applicable during the term of this MOU. b. Separation Through Layoff. All current MOU provisions regarding seniority and layoff shall apply to employees of the Family and Children's Services Unit with the following modifications which are implemented to recognize that some positions in the Division are not funded on a year-round basis and that annual work.cycles of positions in the same class may vary: 1. .. Specific positions otherwise denoted "full time" may be assigned a work cycle which is less than a full twelve-month year. LOCAL NO. 1 - 94 - 2005-2008 MOU 58.6 - Family and Children's Service Unit 2. Positions in the same class may be filled on both a year-round (12-month) and less than year-round basis. Some employees will be subject to periods of layoff in accordance with the following provisions: a. Employees will be notified at the time of initial employment or promotion into the class as to the duration of the work year for the position being filled b. Laid off employees are provided with an assurance of return to work at the beginning of the next work cycle if the position is still funded. C. In situations where employees return to work together at the beginning of varying length work cycles, employees will be provided the opportunity to select assignment to the longer work cycle on the basis of seniority in class. This provision shall not apply to work cycles which begin at different times. C. Promotion. Promotional opportunities shall be available within the Unit to members with the understanding that due to their Project status, the employees may not participate in Merit System promotional examinations. Notwithstanding this limitation, the Community Services Department may request that the Director of Human Resources announce open examinations on a restricted basis, such as "Open Only to Employees of the Community Services Department" for the purpose of targeting qualified applicants. When an examination is restricted to the Community Services Department, employees who have qualified and who have earned a score of seventy percent (70%) or more shall receive five one-hundredths (.05) of one percent for each completed month of service as a permanent employee in the Community Services Department continuously preceding the final date for filing for the examination. The credits shall be included in the final percentage score from which the rank on the list is determined. No employee however, shall receive more than a total of five (5.0) points for seniority in any such examination. Employees are in no way restricted' from applying to compete in any examination announced by the County on an "open only" or"open and promotional" basis. d. Disciplinary Action. Employees of the Family and Children's Services Unit shall be subject to all provisions of MOU Section 24 - Dismissal. Suspension, Temporary Reduction in Pay and Demotion, except that those references to the Merit System in 24.1 (c) and (k) are changed to read "County Service" and "County Ordinance or Resolution" respectively; and the reference to the Merit Board in 24.5 and 24.6 (c) shall be deleted. e. Grievance Procedures. Employees of the Family and Children's Services Unit shall be subject to all provisions of MOU Section 25 - Grievance Procedure, except that if an appeal is made to the Merit Board on the basis of alleged discrimination, such appeal may not also be subject to the grievance procedure. f. Reassignment and Bid Procedures. With respect to reassignment of work location, provisions of MOU Section 22.3 — Reassignment of Work Location, shall apply and are amplified as follows: 1. The Family and Children's Services Division agrees to post all vacancies for at least five (5) days to allow for reassignment applications. LOCAL NO. 1 - 95 - 2005-2008 MOU 58.7- General Services and Maintenance Unit 2. In considering any request for reassignment of Family,and Children's Services staff, the Family and Children's Services Division will fill the initial vacancy with the most senior employee requesting the reassignment. Any subsequent vacancies which are created through filling the initial vacancy will be filled based on requirements of the Family and Children's Services Division. 3. Once annually, in May or June the Division and Local One will conduct an open bid meeting wherein all employees may bid for vacant positions on the basis of seniority. Prior to posting the bids, the Division will meet with the Union to advise them of any positions requiring specific criteria necessary to comply with Head Start or State Licensing requirements. The Division will identify these criteria when posting these positions forbidding. An employee bidding for these positions must meet any site specific criteria. The hours of work shall be posted for each position at the bid meeting. The division may change the posted hours of work after the bid meeting and before the assignment begins by no more than 30 minutes if a change in hours is necessary to accommodate the children enrolled at the site. If it does, the Division will notify the affected employee and Local#1 as soon as it determines that it must change the hours. The Division shall tell employees at the bid meeting the position to which they have been .assigned pursuant to the bid meeting and shall confirm that notice in writing within two (2) weeks of the bid meeting. Additional vacant positions that are created through the bid procedure will also be filled by seniority as provided in this section. If all vacancies are not filled through the annual bidding process,, the Division will fill the positions based on Division requirements. In addition, the following bidding restrictions shall apply: (a) An employee appointed to a position during the annual bid meeting may transfer no more than one time during the program year. (b) An employee who chooses not to bid during the annual bid meeting may transfer once during the program year.. (c) Probationary employees are not eligible to bid on a position. 4. The division reserves the right to reassign an employee during the Program year should the employee be the subject of an investigation involving the welfare of the children under the employee's care. 58.7 - General Services and Maintenance Unit A. General. All existing departments safety awards shall continue for the duration of this MOU. B. Field Personnel. 1. The County will provide coveralls or overalls to each employee assigned to the paint crew and bridge crew in the Public Works Maintenance Division of the Public Works Department and will launder:such clothing on a regular basis. The employees will be required to select either coveralls or overalls; this choice shall be considered a permanent selection. Coveralls shall be provided for the employee assigned to and operating the Gradall. LOCAL NO. 1 - 96 - 2005-2008 MOU 58.7 - General Services and Maintenance Unit 2. The Safety Committee of the Public Works Department, as previously referenced in a Departmental MOU, shall continue for the duration of this agreement. 3. Laborers participating in the Public Works Department Equipment Operator I training program and who are employed as Laborers prior to July 1, 1977 will be paid mileage allowance in accordance with the existing County policy such miles driven each day which exceed by ten (10) miles the miles driven between their residence and the location they worked immediately prior to entering said training program. It is understood that this agreement was made to take into account the very specialized nature of the aforementioned training program and should not in any way be considered as setting a precedent with regards to the County mileage policy. 4. The Public Works Department agrees to offer Defensive Driver Training to employees on road maintenance crews. 5. The General Services Department will meet and confer with the Union if it intends to increase the work test crews beyond nine (9) members. 6. On a trial basis for the employees in the General Services and Maintenance Unit, and at the sole discretion of the Director of Human Resources upon written request stating the reasons for such request, the Union may appoint an individual to observe instructions given an oral board by the appointing authority on his/her own time. C. Shop Personnel. 1. The County will pay Equipment Mechanics a tool allowance of four hundred dollars ($400.00) per calendar year. Air tools will be considered an eligible tool allowance item. The tool allowance benefit will be provided on a reimbursement basis through submission of County payment demand forms with proof of purchase. 2. Employees in the classes of Equipment Mechanic, Apprentice Mechanic, Equipment Services Worker and Garage Attendant will have the choice of the County providing coveralls or pants and shirt. The employees will be required to select either coveralls or pants and shirt; this choice shall be considered a permanent selection. 3. Employees referenced in C.2 above shall be provided with additional uniforms so as to enable the employee to have a clean uniform each day. 4. Employees assigned to the Contra Costa County Fire Protection District to perform the duties of Equipment Mechanic shall receive a five percent (5%) differential effective July 1, 2006. A new classification of Fire Equipment Mechanic incorporating such differential will be established no later than July 1, 2007. D. Building Maintenance & Miscellaneous Employees 1. Union Stewards in the Building Maintenance Division shall be relieved from their assigned work duties by their supervisors within twenty-four (24) hours (excluding Saturdays, Sundays, and holidays) upon receipt of a request by an employee in that division to investigate and/or process a grievance initiated by said employee. LOCAL NO. 1 - 97 - 2005-2008 MOU 58.7 - General Services and Maintenance Unit 2. The Building Maintenance Division of the General Services Department will continue the seven (7) day per week maintenance coverage of County facilities by Operating Engineers. 3. Custodians ,in the ;Probation Department specifically assigned responsibility in writing for providing work training to assigned juveniles shall receive in addition to their base pay a differential of five percent (5%) of base pay as premium compensation for this additional responsibility. Such differential to be computed on the basis of hours actually spent in directing juvenilesjn work training. 4. The vacation scheduling procedure for Custodians I and II in the Buildings and Grounds Division of the General Services Department shall be as follows: All employees, in order of seniority, with the Buildings and Grounds Division of the General Services Department shall be afforded the opportunity to�indicate their preference of vacation dates for their vacation entitlement by area. If an employee wishes to split his/her vacation entitlement and schedule a portion of his/her vacation at another time, he/ she, shall be afforded a second opportunity to exercise his/her seniority in scheduling each second choice after all other employee's vacations have been scheduled. For example: If an employee has a vacation entitlement of four (4) weeks and wishes to take two (2) of those weeks in July, his/her preference for the specific dates in July would be reviewed by the department in,accordance with his/her seniority. Once the first choice of vacation dates for this employee and all other employees have been reviewed by the department and scheduled by area in accordance with seniority, the employee may indicate his/her preference of vacation dates for the remaining two (2) weeks of his%her vacation entitlement ..which again will be reviewed and scheduled by area by the, department in accordance with his/her schedule. 5. Cooks, Lead Cooks and Operating Engineers assigned to the County's Main Detention Facility or the Marsh Creek Detention Facility shall receive in addition to their base pay, a differential of five percent (5%) of base pay as premium compensation for this assignment. 6. Custodians assigned to the County's Main Detention Facility or Marsh Creek Detention Facility and who are required to work in inmate modules shall receive in addition to their base pay a differential of five percent. (5%) of base pay as premium compensation for this assignment. 7. The Building Maintenance Division of the General Services Department.shall continue the safety committee of no less than two (2) employees selected by Contra Costa County Employees Association, Local ;No. 1 in the classes of Window Washer and Lead Window Washer to discuss;various safety problems. This committee shall meet not less than once every three (3) months nor more than once a month upon request of the employees. 8. The County shall pay Stationary Engineers, Lead Stationary Engineers, Stationary Systems Specialist I, and. Stationary Systems Specialist II, in the General Services and Maintenance Unit a reimbursement of twenty-five dollars ($25.00) per month, to defray the cost'of supplying and cleaning clothing worn in the performance of regular duties. LOCAL NO. 1 - 98 - 2005-2008 MOV 58.7 - General Services and Maintenance Unit 9. The County will provide reimbursement, up to sixty-five dollars ($65.00) per calendar year, to permanent Groundskeepers, Gardeners and Lead Gardeners for the purchase of coveralls or overalls worn on the job. E. Communications. The Communications Division Safety Committee shall be continued. Said Committee shall consist of two (2) Communications Division employees selected by the Union. Said Committee shall meet quarterly with a Manager and the Departmental Safety Coordinator. Said meetings shall not exceed one (1) hour in duration except by mutual agreement of the parties. F. Sheriffs Personnel. The County shall continue to pay twenty-five dollars ($25.00) per month uniform allowance for employees in the Sheriffs Department who are required to wear a uniform in the performance of their duty in the following classifications: Sheriffs Services Assistant I, Sheriffs Services Assistant II and Storekeeper. G. Building Inspectors. 1. The Building Inspection Department shall pay Inspectors a reimbursement up to a maximum amount of fifty dollars ($50.00) plus sales tax per calendar year, for the purchase of knee pads and coveralls, and thirty-five dollars ($35.00) plus sales tax per calendar year, for rain boots and rain gear. 2. Building Inspectors are assigned by the Building Inspection Department to Housing Rehab, Mobile Home, Commercial inspections Code Enforcement, Weatherization and Residential inspection activities. These assignments may be rotated at the discretion of the Department Head. H. Central Service. 1. Local No. 1 will select a spokesperson who is an employee of the County Administrator's Office to bring to the attention of and discuss with the Department Head or his designee at convenient times any safety problems existing within the department. 2. The County will provide employees in the class of Driver Clerk, poncho type rain apparel. The above does not exclude any other employee from bringing to the attention of the management of the County Administrator's office any safety problems that may exist. 3. Effective the first month following execution of this MOU, Office Service Workers will be paid at the applicable higher rate from the first day when substituting on Driver Clerk routes. I. Hospital Workers. 1. If an employee in this unit, employed at the County Hospital, who at the County's request works on all or part of two contiguous shifts (more than eight (8) LOCAL NO. 1 _ 99 - 2005-2008 MOU 58.7 - General Services and Maintenance Unit continuous hours) which is outside the employees regular work schedule and the first eight (8) hours fall on one day and the additional hours fall on the following day, the employee shall be paid a differential of one-half, (%2) the employees base salary rate in addition to the employees base salary rate for the hours worked in excess of eight (8) hours. 2. Employees in this unit working at the CCCRMC who at the County's request work two contiguous shifts (sixteen (16) continuous hours) shall be provided a meal in the Hospital Cafeteria at no cost to the employee. 3: Employees in this unit who are employed at CCCRMC and are required to work on Thanksgiving, Christmas or New Year's Day will be,provided a free meal in the Hospital Cafeteria between the hours of 6:30 a.m. and 6:30 p.m. 4. Where only one Storeroom Clerk is on duty on a shift at the main Hospital Storeroom on a given day, and the Storeroom cannot be closed for one-half (Y) hour to permit that Storeroom Clerk an unpaid lunch period, the.Storeroom Clerk will be scheduled to work a straight eight (8) hour shift with a paid lunch period. 5. The County shall provide pantsuits as an option to employees in the classes of Central Supply Technician, Lead Central Supply Technician, Institutional Services Aide and Institutional Services Worker's who are normally furnished uniforms by the County. 6. The County will provide poncho type rain apparel as needed for employees in the Hospital Central Supply and Environmental Service who are required to go outdoors while its raining. 7. Employees in the class of Central Supply Technician are scheduled on the basis of an eight and one-half (8-1/2) hour day and are on their own time during their lunch period. If operational reasons preclude an employee from leaving the work area during the lunch period, such time worked shall be paid at the rate of time and one-half. 8. CCRMC Shift Relief. An Institutional Services: Worker-Generalist and or Institutional Services Worker-Specialist who at the County's request, relieves a Cook at Contra Costa Regional Medical Center for, a shift. will receive an additional twelve.dollars ($12.00) per shift. Commencing on the 41St consecutive hour in the assignment, Article 5.14 Pay for Work in a Higher Classification will apply. J. Library Personnel. 1. Section 12 of this MOU regarding holidays is modified for all employees in this unit assigned to the Library to delete the day after Thanksgiving as a holiday and to add the.day before Christmas as a holiday. The Libraries will close at 6:00 p.m. on the day before Thanksgiving. 2. The Driver Clerk permanently assigned to drive the Bookmobile shall receive in addition to his/her base pay a differential of five percent (5%) of base pay as premium compensation for this assignment. LOCAL NO. 1 - 160 - 2005-2008 MOU 58.8 - Health Services Unit 3. Employees in this unit assigned to the Library who work Saturday shall receive a five percent (5%) differential for all hours worked on Saturday. Said five percent (5%) differential shall not apply to any overtime hours worked on Saturday. 4. The Libraries will close at 5:00 p.m. on New Year's Eve. Employees in this unit assigned to work at the Library shall rearrange their work schedules so that they work a full eight (8) hour shift. K. Commercial License Hazardous Materials Endorsement For Classifications requiring the above endorsement, the County will reimburse employees for the required costs associated with the background check required for a Commercial Drivers License Hazardous Materials Endorsement. 58.8 - Health Services Unit A. Public Health Nurses. 1. The current Public Health Nurse Professional Standards and Practices Committee (PSPC) shall continue for the duration of this MOU. The PSPC will be comprised of seven members. 2. Effective July 1, 1996, approved Continuing Education Leave (CE) time entitlement will be twenty-four (24) hours per fiscal year for the full-time, permanent Public Health Nurse. Permanent part-time PHN's will have their approved CE time entitlement prorated on the basis of the number of hours they work in relation to the regular forty (40).hour work week, with a minimum of fifteen (15) hours per fiscal year. CE time may be carried over into the next fiscal year and added to the CE time entitlement for that year without restriction, up to twice the annual accrual. Employees who have more than twenty-four (24) hours unused CE time at the end of fiscal year 95/96, may carry over the entire balance into fiscal year 96/97. An employee who attends a pre-approved course on a 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 Nurses Accredited Courses will be approved. Such time off must be scheduled in advance by mutual agreement between the employee and the supervisor. 3. The base pay for the top step of the Public Health Nurse shall be 5% above the base pay of the Registered Nurse-Advanced level. Upon the ratification of this agreement, two (2) additional steps at 2.5% will be added to the bottom of the Public Health Nurse salary range. Effective October 1, 2006, the Public Health Nurse classifications will receive a wage increase in an amount that will maintain the 5% salary difference between the Public Health Nurse and the Registered Nurse-Advanced. The 5% difference will be maintained for the duration of this MOU. 4. Public Health Nurses may take either a half-hour (1/2) or one-hour (1) lunch break, provided the operational needs of the department are met. LOCAL NO. 1 _ 101 - 2005-2008 MOU 58.8 - Health Services Unit 5. The deep class resolution for Public Health Nurse shall remain in effect for the duration of.this MOU unless modified by mutual agreement. 6. if reassignments of less than eight (8) weeks duration> are needed to cover for vacation relief, sick leave, temporary shifts in workload, training assignments or other short term needs, management shall solicit volunteers. If there are insufficient volunteers, assignments. will be based on inverse seniority within the affected program. 7. Vacations. a. Vacations for Public Health Nurses (PHN), Community Health Workers 1/11 (CHW 1/I1) and Community Health Worker Specialists (CHWS) shall be scheduled on an annual cycle, April 1st through March 31st. Employees must submit their written vacation requests by February. 1 st of each year. Administration in each program or office will post a schedule of vacations by March 1 st of each year. b. At least one PHN and at least one CHW or CHWS from each office or program will receive scheduled absences, including continuing education and vacation, at any given time. With supervisor's :approval, additional time off requests may be granted, based on staffing and caseload. The . employee.with the greater length of service in the Public Health Nurse classification and Community Health Worker'! Series will receive the requested vacation time. Less senior employees will be given the opportunity to request a different time before') the annual schedule is posted and will be approved.on a first come basis. In the event of a tie on the date of submission, seniority in the classification or series will serve as the tie breaker. Absences for sick leave, disability and regular days off will not be counted as scheduled absences. C. An approved vacation will not,be unilaterally canceled. d. An employee voluntarily changing work position or assignment between programs or regional offices after March 1st must resubmit a vacation request for consideration on a first come basis. e. Vacations which include major holidays, Thanksgiving, Christmas and New Year's Day shall be rotated amongst staff rather than determined by seniority. B. . Environmental Health 1. Environmental Health Inspectors. The County shall continue the Professional Standards Committee comprised of Environmental Health Inspectors selected by Local No. 1 and employed in the Health Services Department who may, as a committee, develop and communicate recommendations to the Director of the Environmental Health Division of the Health Service Department. The Professional Standards Committee may schedule only one (1) regular meeting , each month during working hours, and the County will release from duty a maximum of two (2) Environmental Health Inspectors for a period not to exceed one (1) hour for any Environmental Health Inspectors["to attend such meeting. The agenda and minutes of each meeting shall be forwarded to the Director of the Environmental Health Division. It is understood that the Professional LOCAL NO. 1 - .102 - 2005-2008 MOU 58.8 - Health Services Unit Standards Committee is advisory only and the subjects it reviews shall be restricted to those directly related to Environmental Health Inspector's practices. 2. Hazardous Materials Specialists. Hazardous Materials Specialists will be paid a differential of fifty dollars ($50) per month while participating on the Incident Response Team. C. Clinical Laboratory Scientist & Laboratory Technician. The Health Services Department shall continue a staggered lunch period system for the Clinical Laboratory Scientist I & 11 and Senior Clinical Laboratory Scientist classifications in order to ensure uninterrupted lunch periods for these employees. A Clinical Laboratory Scientist II who, at the County's request, is placed in charge of clinical laboratory assignments for an eight (8) hour shift, shall receive an additional five dollars ($5.00) per shift. Each full-time employee in the classes of Clinical Laboratory Scientist I & II and Senior Clinical Laboratory Scientist will be granted sixteen (16) hours per year of continuing education (CE) leave to complete courses required for license renewal. For permanent part-time employees, CE leave will be prorated based on their assigned hours. Employees may carry over CE leave from one year to the next to a maximum of thirty-two (32) hours without restriction. Each full-time employee in the class of Laboratory Technician whose position requires a phlebotomy certificate will be granted three (3) hours per year of continuing education (CE) leave to complete courses required for certification renewal. For permanent part- time employees, CE leave will be prorated based on their assigned hours. Employees may carry over CE leave from one year to the next to a maximum of six (6) hours. D. Physical, Occupational & Recreation Therapists. 1. The present Professional Standards Committee'for this group of employees will be continued for the duration of the MOU. 2. The present release time for staff development and flex time work schedule for Therapist in the California Children's Services Program will be continued for the duration of this MOU. If the County desires to change either of the above it will offer to meet and confer with the Union before doing so. E. Substance Abuse Staff. 1. There shall be a Substance Abuse Counselor Professional Performance Committee consisting of employees in the Substance Abuse Rehabilitation job series. The purpose of the Committee is to meet to consider and discuss patient care and professional practice. It may also formulate advisory recommendations and proposals .concerning such matters. The Committee shall not discuss economic matters, such as wages, hours and other economic conditions that may be subject to meet and confer. The Professional Performance Committee may schedule one (1) regular meeting each month during working hours, provided that such meeting shall not conflict with normal work activities and shall be agreeable to the Substance Abuse Program Director. The Department will release from duty no more than three (3) Substance Abuse Counselors for a period not to exceed two (2) hours. Substance Abuse Counselors released for these meetings shall promptly report meeting and travel time to the Substance Abuse Program Director or designee. LOCAL NO. 1 - 103 - 2005-2008 MOU i 58.8 - Health Services Unit The Committee shall prepare written minutes of all Professional Performance Committee meetings; copies of which shall be distributed to the Committee members and the Substance Abuse Program Director. 2. Each full-time employee in the classification of Substance Abuse Counselor and Lead Substance Abuse Counselor shall be granted twenty (20) hours per year of Continuing Education (CE) leave to complete courses required as a condition for certification renewal. Written requests for such leave must be submitted in advance and- may be approved by the appropriate supervisor only in the event such leave does not interfere with staffing. For permanent part-time employees, continuing education leave will :be prorated based on their assigned position hours. Employees may carry over (CE) leave from one year to the next to a maximum of forty (40) hours. F. Mental Health Treatment Staff. 1. A Labor/Management Forum composed of two (2) Local No. 1 delegates and the Mental Health Director will meet at least quarterly to, address the status and viability. of the line staff/management working relationships. Areas of ongoing focus will be communication and mutual cooperation. Specific issues of clinical, professional and programmatic concern can be addressed as necessary. An agenda.of items to be discussed will be submitted to the'Mental Health Director at least two (2) weeks prior to the scheduled meeting. ; 2. The Health Services Department agrees to .meet and confer .with the Union before contracting out any presently County operated''Mental Health Programs u employing Mental Health Staff: 3. Mental Health Treatment employees shall receive a weekend shift bonus of five dollars ($5.00) per shift for each weekend shift worked which: 1) falls on weekends for which the employee is not scheduled to work in his/her 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 ' 4) is not the result of a trade. The employee is to note.'such qualifying shifts on his/her time sheets in order to receive this compensation. 4. Incumbents of the Mental Health.Specialist Il, Senior Mental Health Counselor, Mental Health Clinical Specialist or Clinical Psychologist classes may be designated as unit leaders. Unit leader assignments shall be at the sole discretion of the Division Director. Duties of the unit leaders are described in the class .,specifications. Unit leaders will receive a differential of five percent (5%) of their base salary until such time as the unit leader assignment terminates. Unit leaders will continue to receive the five percent (5%) pay differential during the first thirty . (30) calendar days of each absence for paid vacation, paid sick leave period, paid disability or other paid leave. 5. Approved Continuing Education Leave (C. E.) time ;':entitlement to complete accredited course work required for license renewal will be eighteen (18) hours per fiscal year for full-time permanent employees in the classifications of Mental Health Clinical Specialist (Licensed), Mental Health Clinical Specialist (Licensed) = Project, Clinical Psychologist, and Clinical Psychologist Project. Permanent LOCAL NO. 1 - 1041 - 2005-2008 MOU 58.8 - Health Services Unit part-time employees in these classifications will have their approved CE time entitlement prorated on the basis of the number of hours they work in relation to the regular forty (40) hour work week. CE time may be carried over into, the next fiscal year and added to the CE time entitlement for that year without restriction, up to twice the annual accrual. Only courses accredited by the Board of Behavioral Science, the Mandatory Continuing Education for Psychologists (MCEP) Accrediting Agency, the American Psychological Association, or the California Medical Association will be approved. Pharmacy. 1. The County will grant forty (40) hours/year of continuing education leave to licensed Pharmacists who are required by law to complete such course work as a condition of renewing their license. 2. Where only one licensed Pharmacist is on duty at the Main Hospital Pharmacy on a given day, and the Pharmacy cannot be closed for one-half (Y2) hour to permit that Pharmacist an unpaid lunch period, the Pharmacist will be scheduled to work a straight eight (8) hour shift with a paid lunch period. H. Cardio-Pulmonary. 1. The Health Services Department will continue the practice of staggered lunch periods to permit one-half (Y2) hour unpaid lunch periods for Respiratory Care Practitioners 1/II. 2. The County will grant ten (10) hours/year of continuing education leave to Respiratory Care Practitioners 1/II who are required by law to complete such course work as a condition of renewing their State Respiratory CAUP Practitioner Certificate. Employees may carry over CE leave from-one year to the next to a maximum of twenty (20) hours without restriction. 3. Cardio Ultrasonographers and Respiratory Care Practitioners I and II required to be on-call will be compensated with one (1) hour of straight time pay for each two (2) hours of on-call time. I. Radiologic & Ultrasound Technologists. 1. Radiologic and Ultrasound Technologists required to be on-call will be compensated with one (1) hour of pay for each two (2) hours of on-call time. 2. A five percent (5%) differential will be paid to any qualified Radiologic Technologist when scheduled to perform mammograms or CT scans on the day shift, Monday through Friday, or when completing the necessary paperwork. When performing CT scans or mammograms at other times, Radiologic Technologists will be paid the five percent (5%) differential for actual time spent performing the procedure and completing the necessary paperwork. 3. When performing an angiogram other than day shift, Monday through Friday, the Radiologic Technologist will be compensated at a flat rate of$500 per procedure. LOCAL NO. 1 - 105 - 2005-2008 MOU 58.8 - Health Services Unit 4. Each full-time employee in the classes of Ultrasound :Technologist I & II, and Junior & Senior Radiologic Technologist will be granted twelve (12) hours per year of continuing education (CE) leave to complete courses required for license renewal. For permanent part-time employees, CE leave will be prorated.based on their assigned hours. Employees may carry over CE leave from one year to the next to a maximum of twenty-four(24) hours without restriction. J. Dietitians. Full-time employees in a' classification requiring possession of a Registered Dietitian's Certification shall be granted twenty (20) hours per,:, year of continuing education (CE) time off to complete the course work.required for renewal. Permanent part-time employees will have their CE time entitlement prorated on the basis of the number of hours of their position in relation to the regular forty (40) hour work week. Employees may carry over the CE leave from one year to the next for a maximum of forty (40) hours, without restriction. K. Public Health Nutritionists. Full-time employees in a classification requiring possession of a Registered Dietitian's Certification shall be granted twenty (20) hours per fiscal year of continuing education (CE) time off to complete the course work required for renewal. Permanent part-time employees will have their CE time entitlement prorated on the basis of the number of hours of their position in relation to the regular forty (40) hour work week. Employees may carry over the CE leave from one year to the next for a maximum of forty (40) hours, without restriction. L. The following vacation accruals shall be effective October 1, 1981 for employees in the Health.Services Unit and other accruals listed in Section 13.2 shall not apply: Monthly Maximum Accrual �Curnulative Length of Service Hours Hours Under 15 years 10 . 240 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480: 30 years and up - 23-1/3 560`, M. Holiday Meal. Employees in this unit who are employed of the CCCRMC and are required to work on Thanksgiving, Christmas or New Year's Day will be provided a free meal in the Hospital Cafeteria between the hours of 6:30 a.m. and 6:30 p.m. This provision only applies to employees working on the day the holiday actually falls. N. Advance Step Appointments. The County may hire new employees into classes in this bargaining unit at any step of the salary range for the particular class. Consideration shall be given to the qualifications of the appointee relative to current incumbents and shall advise the Union of any appointments made at a salary level higher than an incumbent with equal qualifications. O. Unpaid Lunch Schedule. if the Health Services Department determines that scheduled work days which include a paid lunch period (typically eight (8) hour days) are inconsistent with operational needs they may be rescheduled to include an unpaid lunch period with thirty (30) days notice. LOCAL NO. 1 - 106 - 2005-2008 MOU 58.9 - Investigative Unit 58.9 - Investigative Unit A. The Side Letters of Agreement between the Data Processing Division of the County Administrator's Office and Local No. 1 relative to shift/vacation bidding and the overtime sign up system shall be continued for the duration of the MOU, provided, however, that should management desire to change same, they will meet and confer before implementing a change. B. The deep class resolution for Collection Services Officer shall remain in effect for the duration of this MOU unless modified by mutual agreement. C. The Office of the Public Defender will continue the current policy regarding the use of County cars by Public Defender Investigators. D. The following vacation accruals shall be effective for employees in the Investigative Unit and other accruals listed in Section 13.2 shall not apply. Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 15 years 10 240 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 58.10 - Library Unit A. Section 12 of this MOU regarding holidays is modified for all employees in the classifications of this unit to delete the day after Thanksgiving as a holiday and to add the Day before Christmas as a holiday. The libraries will close at 6:00 p.m. on the day before . Thanksgiving. B. The Libraries will close at 5:00 p.m. on New Year's Eve. Employees shall rearrange their work schedules so that they work a full eight (8) hour shift. C. It is the position of the Library Department that employees in classes represented in the Library Unit are on their own time during their lunch period and are not subject to be called back to work during their lunch period. D. For those Library employees whose day off occurs on a Friday payday, the Library Administration will make every attempt to have their paychecks available at the Library Administration Office prior to 5:00 p.m. on the Thursday immediately preceding that Friday payday. Representatives of the affected employees shall submit by 12:00 noon on that Thursday to the Supervising Clerk in Library Administration a list of names and work locations of the employees whose day off will occur on the Friday paydays and who are desirous of picking up their checks on Thursday. E. The Library agrees to continue to explore maximizing two days off in a row for library personnel covered by this MOU. F. County Library personnel shall get a five percent (5%) differential for all scheduled hours worked between 6:00 p.m. and 9:00 p.m. LOCAL NO. 1 - 107 - 2005-2008 MOU 58.10 - Library Unit G. Employees in the Library Unit, who work Saturday shall receive a five percent (5%) differential for all hours worked on such Saturday. Said five percent (5%) differential shall not apply to any overtime hours worked on Saturday. . H. In the event that Sunday is to become part of the scheduled work week for Library Unit employees, the County agrees to meet and confer with the Union regarding those employees who will be assigned to work Sunday as part of their',regularly scheduled work week. I. The County Library Reassignment Policy shall be as follows: Definition. A reassignment is the voluntary or involuntary transfer or movement of an employee from one work site to another in the same classification. Reassignment Criteria. Reassignments `are made to facilitate the Library System's service function and efficiency. Library Administration shall make reassignments based on the needs of the branch/system in relation to public service and will consider the following employee factors as they relate to these needs: the employee's job performance and development, the employee's subject/age specialization, the employee's seniority in the classification within the department, the.distance between the work site and the employee's residence, and the assignment preferences of the employee as obtained by the procedures outlined below. When circumstances other than seniority appear to Administration to equally or nearly equally meet the system service needs, then seniority shall govern. In accordance with the above criteria, the Administration shall consider all internal requests for reassignment before making an appointment from any eligibility list and in no event shall reassignments be utilized for disciplinary purposes o�be arbitrary. The Library shall notify Local #1 in writing when the employee selected is not the most senior employee and the reasons for such selection along with a list of those employees not selected. In the event a grievance is filed regarding such request, the grievance shall be considered timely filed provided it is submitted within thirty (30) calendar days from the date of the Library's notification. Procedures for Reassignment. Any employee may submit a request for reassignment to Administration at any time. Such requests will be kept on file for the current fiscal year. Announcement of vacancies from resignations or promotions 'shall be distributed to all geographic work sites for a posting period of five work days. The announcement shall include: (1) Classification and total hours of position; (2) Work site; (3) Age-level assignments. During the posting period, the vacancy shall not be filled. Before, any decisions necessitating involuntary reassignments are made, Administration will solicit information from employees involved regarding their career development, goals, assignment preferences and their view of branch needs. This information will generally be obtained through employee conferences with Deputy County Librarian or Assistant County Librarian. Whenever feasible, an employee who is reassigned will be given two (2) weeks notice. LOCAL NO. 1 - 108 - 2005-2008 MOU 58.10.- Library Unit Any employee who has been reassigned or any employee who has requested a vacancy : and is not reassigned to that position, may request to meet with Administration to discuss the reasons for the decision, or may request the reasons be provided in writing. J. The Librarians assigned to work in the County Detention Facility shall receive in addition to his/her base pay a differential of five percent (5%) of base pay differential as premium compensation for this assignment. K. The Library Practice Advisory Committee shall continue for the duration of this MOU. L. The County Library agrees to continue the present vacation scheduling policy. Vacations in the Library Department are scheduled by location. Preference of vacation shall be given to employees at that location according to County service, as reasonably as possible. Vacation requests will be submitted by employees for the twelve (12) month period, March 1 to February 28. Preference in choices of dates will be given on the basis of greatest County service of employees submitting vacation requests by February 15, irrespective of employee organization affiliation. The process shall consist of the employee in the branch (or other work unit assigned), with most County service making his/her first choice of one continuous block of time, and continuing to the next most senior employee, until each employee, on this first round, shall have been assigned his/her first choice (second or third if more senior employee(s) also requested the dates). This procedure shall be repeated for the second block of time, with the next most senior employee who requested at least two blocks of time, having first choice, from the remaining vacant time slots, and so on, for as many rounds of assignment as there were blocks of vacation time requested. Completed vacation schedule will then be posted in the branch or other work unit. Those employees unable to specify a choice of dates will turn in a vacation request form with no choices indicated. Subsequent requests can then be made, in writing, at least two weeks before the requested vacation time. These requests will be granted on a "first come, first served" basis. Employees may cancel or reschedule their granted vacation dates. These cancellations and requests for rescheduling should be made, in writing, at least two weeks before the canceled or rescheduled vacation time. The rescheduling will be granted or denied according to same "first come, first served" basis mentioned above. All cancellations of previously approved vacation dates will be posted on Vacation Schedule, and be available to other employees on the basis of seniority rather than "first come, first served." Upon reassignment, employees take their approved vacation dates with them to their new location. M. The Library Department shall make every effort consistent with efficient operations to provide that no employee shall be scheduled to work more than two (2) after 6:00 p.m'. shifts in a calendar week, unless that employee specifically requests that shift for a specified period of time. No employee shall work more than half the Saturday shifts within a mutually agreed upon period of time (two (2) or eight (8) week cycles), unless that employee specifically requests that shift for a specified period of time. Thirty-two (32) and twenty (20) hour employees will maintain a four (4) day work week unless employees specifically agree to a variant days-off schedule. Choice of shift assignments at a work site shall be determined by County seniority in class. LOCAL NO. 1 _ 109 - 2005-2008 MOU 58.10 - Library Unit However, employees who mutually agree to trade shift assignments at a given work site may do so, on a temporary or permanent basis, depending on their mutual agreement. N. Thirty-two (32) hour employees who voluntarily reduced their hours to reduce the impact of layoff shall be treated as forty (40) hour employee's for purposes of a.future layoff pursuant to Section 11.4 of this MOU. O. Permanent full-time and permanent part-time staff represented by the Library Unit of Local One shall be eligible for reimbursement of up to fifty dollars ($50.00) per fiscal year for membership in either the American Library Association or the California Library Association. Reimbursement will occur through the regular demand process with demands being accompanied by proof of payment (copy of invoice or canceled check). The following vacation accruals shall be effective October 1, 1981 for employees in the Library Unit and other accruals listed in Section 13.2 shall not apply. Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 15 years 10 240 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 .400 25 through 29 years 20 480 30 years and up .23-1/3 560 P. When there are promotional or open and promotional exams for positions within the Library, the Library will provide training for staff.members who meet the qualifications for the position in order to assist staff to prepare for the exam. Q. The County shall continue to provide to the Union a copy of any layoff or recall list(s) for all affected employees in the unit. Furthermore, it is agreed that the County shall continue to recall for all assignments, whether permanent, short-term or provisional, employees who have been reduced in time, demoted or reassigned to Permanent Intermittent in strict seniority order. . In addition, the County agrees to keep a written record of all offers of employment and assignments to.affected employees and to make such information available to the Union upon request. Qualified. eligible permanent employees will be `considered for acting or provisional appointments before filling vacancies with temporary;'employees. R. The County and Union agree to establish a joint labor-management task force to discuss workload related issues. The task force shall consist of up to three members selected by . the Union and up to three members selected by management. S. The Library will request that all vacant, funded permanent positions be filled following the adoption of the 1994-95 budget. T. The County agrees that all provisions of the July 1, 1993 side iletter regarding the San Ramon Library will remain in.effect for the term of this MOU. U. Effective February 1, 2000, employees in the classification of Library Assistant who are regularly assigned "in Charge" at the Outlets (Rodeo, Crockett, Bay Point), shall be classified Library Assistant-Advanced Level. LOCAL NO. 1 - 110 -. 2005-2008 MOU 58.11 - Probation Unit V. The following applies to all Permanent-Intermittent employees appointed after November 19, 1999, and to all current Permanent-Intermittent employees as of January 1, 2001: Permanent-Intermittent employees will be notified before being employed that they must agree to be available to work at least 200 hours per year, and must be available to work no less than six (6) Sundays per year. The County agrees to make every effort to fill all existing Permanent-Intermittent vacancies. 58.11 - Probation Unit A. Pursuant to the Departmental Memorandum of October 28, 1974, the Probation Department will continue to receive and consider proposals for adjusted hours for employees in the Department subject to the criteria set forth in the aforementioned memorandum. Individual Deputy Probation Officers currently on a 4/10 schedule may remain on said schedule for the duration of the MOU except when a change to a 5/8 schedule is mutually agreed upon between the employee and their immediate supervisor. However, as positions vacate, the Probation Department reserves the prerogative to change the assignment to a 5/8 work schedule before refilling it. Nothing herein precludes supervisors from recommending that vacated 4/10 positions be retained. B. The current reassignment policy for Deputy Probation Officers in the Probation Department, which is attached hereto and incorporated herein by reference, shall remain in effect for the duration of this MOU unless modified by mutual agreement. C. It is the policy of the Probation Department that all unit supervisors hold personal evaluations and submit a written evaluation to all Deputy Probation Officers whenever such officers transfer from their units. D. The Department-Wide Probation Services Advisory Committee shall continue during the term of this MOU. E. The Probation Department will establish separate subcommittees of the Probation Services Advisory Committee for each of the major juvenile institutions (Orin Allen Youth Rehabilitation Facility, Chris Adams Girls Treatment Center and Summit Center for Boys) prior to the expiration of this MOU on a trial basis. Representation on each such committee will consist of two (2) Probation Counselors selected by the Union together with the manager. of the facility. The subcommittee shall meet quarterly at a mutually agreeable time and place, discuss and resolve issues of mutual concern. The subcommittee may refer some problems to the department-wide committee for resolution. F. Probation Counselors who are designated as Juvenile Hall transportation officers by the Probation Department shall celebrate Admission Day, Columbus Day and Lincoln's Birthday as.holidays in accordance with Section 12.1 of this MOU. It is understood that, with advance notice, transportation officers may be required to work one or more of these holidays at the holiday rate of pay. G. If Independence Day, Christmas Day or New Year's Day falls on a Saturday or a Sunday, Probation Counselors or Probation Officers working in Probation Department twenty-four (24) hour institutions shall celebrate that Saturday or Sunday as the holiday. A Probation LOCAL NO. 1 - 111 - 2005-2008 MOU 58.11 - Probation Unit Counselor or Probation Officer will be paid the holiday rate of pay if he/she is required to work a Saturday and/or Sunday, Independence Day, Christmas Day.and/or New Year's holiday. H. Applicants who currently occupy a permanent peace officer position in the Probation` Department will not be required to complete the psychological screening or background investigation to promote to other peace officer positions in the Probation Department. Specifically, permanent Probation Counselors participating in y the current promotional ; Deputy Probation Officer II examination will not be required to complete either psychological screening or a background investigation. Individuals who have only temporary Probation Counselor time with the County will be required to complete the full scale psychological and background investigation. I. Effective the first of September 1990 temporary employees in the job classifications of Probation Counselor I, II or III who have completed 2080 hours of employment are eligible to receive time and one-half(1-1/2) for working a holiday. J. Permanent Probation Counselors of the Juvenile Hall, the Juvenile Community Services Program, Orin Allen Youth Rehabilitation Facility, Home Supervision, Chris Adams Girls Treatment Center and Summit Center for Boys will receive seven and one-half percent (7.5%) differential premium pay when assigned as "Lead Counselor" for.the assigned shift or for the duration of the "Lead Counselor" assignment, when replacing the Building Supervisor (Institutional. Supervisor II) at Juvenile Hall and when replacing Institutional Supervisor I's at Orin Allen Youth Rehabilitation Facility. Permanent Probation Counselors assigned Lead Counselor duties and responsibilities will receive this monetary compensation for hours worked. To receive this compensation, Lead Counselors must work the assigned shift and provide direction for one or more co- workers. Facility administrators have the sole responsibility for selecting and assigning Lead Counselors. The selection process shall include an assessment of experience, skills, leadership abilities, seniority, and the needs of the unit or facility among other considerations. The assignment may apply to Probation Counselors I, II and III depending on the above criteria when the supervisor designates'the "Lead Counselor." The selection and assignment of.Probation Counselors in accordance with the above criteria is not grievable. K. Title Change. The class titles of Group Counselor I, II and III shall be Probation Counselor I, II and III respectively. L. Posting of Vacant Positions. If a vacant position in a juvenile, institution is not posted within thirty (30) days, a notice of the reasons why not shall be posted. When a vacancy occurs within a Probation Counselor Unit (Diablo, Sierra, Orin Allen Youth Rehabilitation Facility, Chris Adams Girls Treatment Center, Summit Center for Boys, Home Supervision, Diversion), that vacancy (shift schedule) will be offered to the Probation Counselors within that unit prior to being posted Department wide. If three (3) or more people apply for the vacant position from within the unit, only the three (3) most senior employees will be considered. If less than three (3) people apply for the vacant position, the hiring manager may post the vacancy throughout the Department in order to have three (3) employees from whom.to choose. If, after posting the vacancy there are f LOCAL NO. 1 - 112 - 2005-2008.MOU 58.11 - Probation Unit still less than three (3) employees, the institutional manager is entitled to add names from the eligible list to have three (3) people from whom to choose. M. Pregnancy Limited Dutv. Once an employee has been granted limited duty status for maternity reasons by the County, such employee may, with specific medical verification, request and receive reassignment to a work location which shall not require the employee to have a physical presence during the term of the pregnancy on any living unit at juvenile hall. N. Seniority for layoffs, pursuant. to Section 11 — Workforce Reduction/Layoff/Reassignment, and Section 22.6 Reassignment Due to Layoff or Displacement, shall be based on series seniority rather than classification seniority. The Probation Counselor series includes Probation Counselor I, Probation Counselor II, and Probation Counselor III. The Deputy Probation Officer series includes Deputy Probation Officer I, Deputy Probation Officer II, and Deputy Probation Officer III. An employee's seniority within a series for layoff, displacement and reassignment purposes under Section 22.6 shall be determined by adding the employee's length of service in the particular series in which the employee currently holds a position, to the employee's length of service in other classes at the same or higher salary levels as determined by the salary schedule in effect at the time of the layoff. LOCAL NO. 1 - 113 - 2005-2008 MOU t ,f LOCAL ONE ATTACHMENTS A - PROJECT EMPLOYEES B - INTRA-DEPARTMENT TRANSFERS (REASSIGNMENTS) PROBATION DEPARTMENT C - OFFICER SAFETY COMMITTEE - JUVENILE HALL D - WEEKEND/HOLIDAY DUTY FOR PUBLIC HEALTH NURSES E/F - SENIOR MENTAL HEALTH WORKERS & MENTAL HEALTH TREATMENT SPECIALIST - HEALTH SERVICES DEPT. G - ATTENDANCE AT MEETINGS; INVOLUNTARY REASSIGNMENT PROCEDURE; SEXUAL HARASSMENT H - GEN. SVCS. COMMUNICATION TECHNICIAN CLASSES I - VOLUNTARY STANDBY FOR GEN SVCS. COMM. TECHS. J - GENERAL SERVICES HEALTH & SAFETY ISSUES K - CENTRAL LIBRARY VACATION POLICY L - LONGEVITY DIFFERENTIAL; FLEXIBLE STAFFING - DEPUTY PUBLIC DEFENDERS M - CLASS & SALARY LISTING BY UNIT N - SEPTEMBER 30, 2005 - MEDICAL/DENTAL/LIFE INSURANCE ADJUSTMENTS COALITION SETTLEMENT AGREEMENT 0 - TEMPORARY EMPLOYEES AGREEMENT P - MODIFICATION OF MAKE-UP TIME Q _ ATTENDANT-LVN-AIDE CAREER ADVANCEMENT PROGRAM R - LIBRARY UNIT- PERMANENT INTERMITTENT s - IN CUSTODY INTAKE UNIT T- ISW REASSIGNMENTS/BIDS U- HEALTHCARE COALITION NOTICE OF CHANGES V- INCORPORATE DEEP CLASS & FLEXIBLY STAFFED RESOLUTIONS W- MANAGEMENT/LABOR COMMITTEE (TEMP SIDE LETTER) X - RETURN TO WORK POLOCY FOR INDUSTRIAL INJURY OR ILLNESS Y - FLOATING HOLIDAY STATUS - MENTAL HEALTH ATTACHMENT A PROJECT EMPLOYEES Contra Costa County Employees Association Local No. 1 and the County have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for employees in project classes which except for the project designation would be represented by Local No. 1 . For example, Accountant II is represented by Local No. 1 therefore it has been agreed that Accountant II-Project will also be represented by Local No. 1. Other Project classes that are not readily identifiable as properly included in bargaining units represented by Local No. 1 shall be assigned to bargaining units in accordance with the provisions of Board of Supervisors Resolution 81/1165 as set forth in Section 2.7 of this Memorandum of Understanding. The Union and the County understand that the meet and confer process with respect to the conditions of employment for project classifications is unique and threfore differs from other regular classes represented by Local No. 1 in the following respects: 1 . Project employees are not covered by the Merit System. 2. Project employees may be terminated at any time without regard to the provisions of this Memorandum of Understanding, and without right of appeal or hearing or recourse to the grievance procedure specified herein. 3. Any provision of this Memorandum of Understanding which pertains to layoff or seniority are not applicable to project employees. Attachment B CONTRA COSTA COUNTY BULLETIN NO: 4.2 PROBATION DEPARTMENT SECTION: Personnel REPLACES: Pers #4.1, 2/12/92 DIVISION: ADMINISTRATIVE ISSUED: SUBJECT: Intra-Departmental Reassignments PURPOSE: This bulletin outlines the procedure for requesting and being considered for voluntary reassignment from one position to another comparable position in the Probation Department and for departmental administrative reassignments. I. EMPLOYMENT CLASSIFICATIONS This policy applies to positions within the Probation Officer Series. II. ELIGIBILITY FOR REASSIGNMENT Newly appointed employees are eligible to apply for voluntary reassignment after they have served two years in their assignment. Permanent employees accepting a voluntary reassignment are expected to remain in that assignment for at least one year. III. CRITERIA FOR SELECTION The criteria to be used in making selection from among applicants for reassignment are as follows: A. The Department's responsibility to the Court, clients and the community. B. Applicant's suitability for the position, including training and experience. C. An assessment of the applicant's performance in the position held at the time of consideration for reassignment. D. Length of service in the Department. All vacant positions shall be filled in accordance with the above criteria by an employee who has requested to be reassigned to the position. If there are less than three (3) eligible applicants for a position, the Department may consider all candidates with less than the required time in an assignment, who have applied. If an otherwise ineligible candidate is being considered for reassignment,the needs of the Department will be the primary factor. IV. VOLUNTARY REASSIGNMENT When a vacant position is to be filled,the work unit supervisor shall determine if any members within the unit has a desire to be assigned to the vacancy. If multiple unit . �, 3 Attachment B members express an interest in the position, the selection will be limited to the top three candidates with the greatest series seniority. Work unit applicants shall be interviewed and a selection made. This process will continue until no unit member(s) desires the open/vacant position. The resulting vacancy shall be filled through the reassignment process. A. Posting Notice Of Newly-Created, or Existing Positions: Once a determination is made that a vacancy is to be filled, the manager overseeing the position shall initiate a notice announcing the opening. A notice announcing the vacancy shall be posted at all departmental office locations and facilities. The notice shall be dated, and it shall contain a statement identifying the position, the classification, position location and the name of the work unit's immediate supervisor. The notice shall be posted for seven working days exclusive of holidays and weekends The notice shall indicate to whom the responses should be directed and by what date and time. The Departmental Personnel Clerk will distribute an e-mail version of the Posting Notice to "PROB-All Staff'in the departmental address book. B. Written Response: Interested candidates shall submit a written request/e-mail to the Personnel Clerk identifying interest in the posted position before the position closes. C. If three(3) or more employees bid on the position,the position shall be filled from among the three (3) bidders with the greatest series seniority. For the purposes of selection, the interview panel will consider the three (3)most senior candidates as equals. If less than three (3) eligible employees apply for voluntary reassignment, employees with less than the required time in an assignment may be considered. If there are still less than three candidates, the department may interview candidates from the existing eligible lists.No'more than three candidates may interview for a posted position. Candidates have the option of withdrawing from the reassignment process at anytime prior to the interview. Once the interview is held, the selected candidate is obligated to accept the reassignment. D. The remaining active bidders will be advised within ten (10) work days after the posting is closed whether they have been selected to interview or the status of their bid. If requested by the employee,the department shall give an employee in writing the reason(s) why he/she was not selected for an interview. E. The candidates will be interviewed and a selection made. The decision will be based on the above stated Criteria for Selection. The selected employee shall have no claim on the job(s) he or she left. V. TRADES Attachment B Requests for"trades" in assignments between two employees in the same classification holding comparable positions where no vacancies exist can be made to their respective Managers. Such requests shall indicate the names of both parties of the proposed trade together with reasons for the trades. If more than one Manager is involved, the Managers shall confer and, if necessary, interview the persons requesting the trade. VI. ADMINISTRATIVE REASSIGNMENTS The appointing authority may assign an employee from one position to another position in the same series within the department. Administrative reassignments may be required from time to time to facilitate Department functions and efficiency. These involuntary reassignments may be for such purposes as adjusting workload levels, accommodating changes in funding, filling assignments with special requirements, etc. The following procedure shall only apply to permanent reassignments and is not intended to apply to temporary reassignments to cover sick leave, training assignments, vacation, etc. A. Management will identify the classification and position(s) from which reassignments are necessary. B. Affected employees will be provided a list of assignments for which they may apply. C. Affected employees shall be given the opportunity to volunteer for vacancies and shall be reassigned on the basis of series seniority. D. If there are no volunteers for reassignment, the least senior employee(s) (based on series seniority) in the.affected work unit shall be reassigned. E. The department will provide the affected employees with as much advanced notice as possible. F. Employees administratively reassigned shall not be precluded from bidding on future open positions via the Department Reassignment Process. G. Nothing contained in this section shall prohibit the Department and the Union from making a mutually agreed upon alternative arrangement. Involuntary reassignments are the reassignment of permanent employees in their existing classification to a new worksite, shift or program area. Involuntary reassignments shall not be utilized for disciplinary purposes. Nothing contained in this section shall prohibit the reassignment of a Deputy Probation Officer who is not meeting the job expectations of another agency or department that the Probation Officer is assigned to. APPROVED BY: LIONEL D. CHATMAN COUNTY PROBATION OFFICER ATTACIUJF-NT C SIDE LETTER OF AGREEXENT OFFICER SAFETY COMMITTEE - JUVENILE HALL The County of Contra Costa and Public Employees Union, Local One agree to the following: 1) The creation of a standing committee at Juvenile Hall to address all issues related to officer safety, including the issuance of defensive tools. 2) That said committee be empowered to make recommendations directly to the Chief Probation Officer related to officer safety_ 3) That the composition of said committee be as follows: the Superintendent of Juvenile Hall (or his/her designee with full decision making authority) , one line or middle manager on staff at Juvenile Hall, the Probation Department's manager responsible for personnel and labor relations, one officer of the Union, the Union Business Agent, two Group Counselors (appointed by the Union) , and a representative of the County's Risk Management Office to be invited to sit as needed as a non-decision making consultant. 4) No later than one year after its formation, the committee shall issue_ a report of its findings and conclusions. 11 5) The deliberations of this committee shall not be construed as meeting the requirements to meet and confer separately with the Union regarding any matter related to wages, hours, or working conditions. County of Contra Costa: P.E.U. , Local One DATE MENT Health Services Department o P erlt L'-= OFFICE OF THE DIRECTOR /=' • Mmit�e Offices LV7 20 Nen save+ maw. S4= SEP 211987 col,'�'� CON''TRA(COSTA COUI�' IiFJ�+7N SFRYICES PERSONNFi September G . 1987 Public Employees Union-Local =i Attn: Henry Clarke, General Manager ' P. 0. Box 222 Martinez, CA 94553 _ Dear Mr. Clarke, This confirms the understandings reached in our recent meetings regarding weekend/holiday duty for Public Health Nurses. The conditions in this letter supercede all prior letters and become effective immediately, ' - except as the schedule through December 1987 conflicts; in •,Aich case, :t will remain in effect. 'All PHN's assigned to the Public Health Nursing Division will be scheduled • ' to work as primary or backVp nurses for up to five weekends per calendar - year_ however, management remains the prerogative to make additional assignments in cases of emergency, but no nurse shall be required to work more than five weekends until all nurses have worked five weekends. A. General Assignment Conditions The annual schedule shall be made by assigning PHN's by region (East/Central and West) in alphabetical order beginning where the prior year's d pmo d that exxceptior _di�igabc�iCai assignments �:wc , .a�iLt.,c �S shall be to that order to comply with the criteria listed below in order'.of prio-ity ,nd that PHN's may volunteer for additional assignments, rega-dless of the conditions of this letter_ 1. No PHN will be-scheduled to work consecutive weekends unless that PHO volunteers to do so. 2a. The four major holidays for scheduling purposes include: 1) Thanksgiving and the following Friday; 2) Saturday and Sunday following Thanksgiving; 3) Christmas Day and the associated weekend; and 4) New Year's Day and the associated yeekend. No nurse shall work more than one of these holiday's; in a calendar year and the department will not schedule a PHN to kork a second such holiday until all PHN's have worked one since January 1, 1986. 2b. ;the department will not schedule a PHN to work more than one 'three-day weekend in a calendar year. -C �.� Contra Costa. County •lGoa y .... ..� - September 4, 1987 ` Page 2 s 3. The department will endeavor in East/Central County to assign - �f one PHN from each office to fill the primary and secondary assignments for each weekenit, 4. A PHN who is temporarily reassigned between regions will remain on the weekend schedule forihis/her home region. 5. Monday and friday holidays shall be assigned to the PHN with the contiguous weekend assignment. Tuesday, Wednesday, and Thursday holidays shall be assigned to the PHN assigned to the following weekend, except for: Thanksgiving, which will be �- scheduled as in f2 above. 6- Alterations in the annual schedule may be made in the ways listed below. L If the PHN with the primary assignment is unable. to work, the backup PHN will assume the primary assignment. The PHN who was unable to perform his/her -assignment will , upon return to work, assume the next primary assignment of the backup PHN who assumed the primary assignment. 2. PHN's may trade assignments pirovided the trade is approved by the Director of Public HealthiNursing, or designee, and it is requested in writing at least;24 hours before the close of business prior to the affected weekend/holiday. If such a trade of assignments has been made but one PHN terminates or is unable to .perform the assignment due to illness or other emergency acceptable tc the Director of Publi-c Health Nursing before either assignment is worked the original scheduled assignments remain in effect. If a PHN has already worked the first assignment and the other PHN is unavailable as above, the remaining assignment will be filled in thesame manner as a vacant assignment (see f5 below)- 3. If a PHN volunteers to take weekend/holiday assignment of another PHN without giving up a scheduled assignment of his/her own (referred to as a "one-way Arade"), but has left County employment or is • - unable to perform that assignment due to illness or other emergency acceptable to the Director of[Public Health Nursing, the PHN originally scheduled shall besresponsible to perform the required weekend/holiday assignments. •A weekend/holiday assignment either worked by a "volunteer" or reassumed in those circumstances described above will count towards originally assigned PHN's five required assignments. 4. A PHN who is assigned to less than five weekends and who "volunteers" to cover a vacancy in the weekend schedule (either primary or backup) will have that weekend counted toward the five required weekend assignments. A PHN wbo is assigned to five or more weekends may volunteer to cover additional vacant weekends. Any PHN who assumes an additional assignment in this manner cannot change his/her mind and 'unvolunteer". 5. Vacant assignments in the schedule caused by resignation or leave of absence will first be filled by volunteers, second by recently hired PHN's (provided they have satisfactorily completed their orientation for weekend duty), and third by PHN's who have not yet been assigned their first'five weekends. _ The mandatory filling of such vacant assignments as well as additional assignments will be done utilizing. the regional alpha list, as modified :enry Clarke- September 1arke-September 4, 1987 Page 3 ; to comply with priority criteria. 6. All changes, due to vacancy or illness, to the weekend schedule will be 'made. by Public Health Nursing management as soon as possible after they have knowledge of the' need for the change, preferably within.two weeks and five or more days prior to the assignment date. 7. Following each weekend worked, a PHN may request and will receive a Tuesday, Wednesday, or Thursday off, on vacation or other av_a_ilablE accrual , excluding sick leave- C. Additional Criteria for Scheduling of• Primary Weekend PPT PHN's effective September �8, 1987. 1. The normal schedule for the PPT PHN will be a biweekly schedule including every Frida; and alternating weekends of Saturday -tnroug:i Monday. 2. The three-Cay weekends (including a Monday or Friday holiday] will be equally shared between the two PPT PHN's- This will necessitate occasional consecutive weekends. The work schedule for three-day weekends will be adjusted so that one regular work day preceeds the three-day weekend. 3. PPT PHN's will participate in the regular scheduling and rotation of the four major holidays. 4. PPT PHN's will be given the same consideration for leave and medical appointments -as is given to other PHN;s. S. PPT PHN's will not be subject to assignment to mid-week holidays, except in cases of emergency. ._- 6. PPT PHN's may trade assignments with the approval of the supervisor and the understanding that no such trade will be permitted to obligate payment of overtime. ' 7- The department and the union will meet to discuss the scheduling and assignments of the two APT weekend PHN's four months after implementation of that new schedule. Further, if implementation of the PPT weekend scheduling isof successful and it becomes necessary to discontinue it and rLbduce PHN staffing, it is not the intent of the department that'the two initial incumbents of the trial positions suffer reduced displacement ri'ghts by having changed their status from PFT to .PPT. The department will, therefore, restore those two initial PPT incumbents to PFT status prior to any staffing reductions. If the above conforms to your understanding of the agreements reached in tfie meetings regarding weekend/h' iday'duty for PHN's, please sign below. Web Beadle, Dept_ Personnel Officer _Henry arke, General Manager Wendel Brunner, M.O. , Asst. Director-PH WB:sf ' i AITAC:Ht1t;N'! �; L Health Services Department ^T.O • Personnel Services OFFICE OF THE DIRECTOR i Adn*i W oYe old 597 CerVe�rr���/��M��e�n�&M Suite 250 �~Y C*Wonii 94sw-2sm } (5101313-5500 April 1, 1992 Henry Clarke, Gen. Mgr_ CCC Employees Assn. , Local #1 P.O. Box 222 Martinez, CA 94553 Dear Mr. Clarke: This side letter confirms the following agreements reached with respect to Mental Health treatment staff. 1. Paragraph 4D of Exhibit B of the Board Order adopted on January 21, 1991 approving the grievance resolution of the Senior Mental Health Workers (formerly Mental Health Treatment Specialist A-level) is amended to read as follows: "During the period of January 1, 1991 to January 1, 1995, any incumbent of the Senior Mental Health Worker class who obtains a Baccalaureate degree will be reallocated to the class of Mental Health Specialist II. 2. Paragraph IVA of the side letter dated May 16, 1991 implementing the restructure of the Mental Health Treatment Specialist deep class is amended to read as follows: "During the four (4) year period following the approval of these classes, individuals who meet the minimum qualifications of any of the higher level classes, with the exception of the Senior Mental Health Counselor class, will be reallocated or reclassified without examination to the applicable higher class as appropriate. This provision shall apply only to those 'employees who are in these classes at the time of implementation. Extensions to the window period may be granted by the division director on a case by case basis if an incumbent is scheduled to sit for the first licensing exam after the conclusion of the window period. .ua 1u� Henry Clarke Aril 1, 1992 Page 2 If the foregoing conforms to your understanding of these agreements, please sign in the space provided below. Sincerely, r Lois Ellison HSD Personnel Officer Acknowledged and agreed Henry . Clarke, General Manager CCC Employees Association, Local #1 LE:mk ATTAalMMT F �E.SE_••L. o Health Services Department • ='�• Personnel Services f � OFFICE OF THE DIRECTOR —� Ada*%iskaf"orracm 597 Center Suite 260 -• Mar*wm Catilortwa 94553-2658 (510)313-6600 Henry Clarke General Manager CCCEA-Local fl P.O. BOX 222 Martinez, CA 94553 Dear Mr. Clarke: This letter is an addendum to the side letter dated May 16, 1991 which implemented the classification restructuring to replace the Mental Health Treatment Specialist Deep Class. This letter confirms that the Health Services Department will provide non- licensed employees in the classes which replaced the Mental Health Treatment Specialist Deep Class with alternate or modified work assignments for the purpose of obtaining the clinical hours and supervision necessary to obtain licensure. Requests for such temporary reassignment must be addressed to the Mental Health Director through the : employee's immediate supervisor and. will require that the necessary hours be gained without break in assignment. No paid time off will be provided for academic studies, however leaves of absence or flexible hours for educational purposes will be considered on a case by case basis. Leaves of absence to obtain clinical licensure will be considered only for clinical specialties not available in the Health Services Department. These special assignments and leaves of absence are applicable only to employees who had permanent status in the Mental Health Treatment Specialist Deep Class at the time of the restructure in May, 1991. If the foregoing conforms to your 'understanding, please indicate your approval and acceptance by signing below. DATE• Lois Ellison HenryA. Clarke, General Manager Health Svcs Personnel Officer CCCEA, Local #1 7171 Z a-�_- Clay oreman, President Men al Health Unit LE:lp uo eve" _ ATTA "HE"r Contra `� Per�nne! Oepartmen CoThird Floor. Administration Bldg- _ ( Noo ,Sta 651 Pine street tJIJUn Martinez. Carfornia 94553-1292 (415) 372-4064 - fiery o.f:.ene..w. okvcw of f enoent/ July 18, 1984 Contra Costa Employees Association, Local 1 P.O. Box 222 Martinez, CA 94553 Attention: Mr_ Henry Clarke Dear Sirs: This letter will confirm certain understandings relative to the Memorandum of Understanding between your Union and Contra Costa County covering the period July 1, 1983 through June 30, 198S as follows: 1. Section 4.1 Attendance at Meetings provides that shop stewards shall be allowed to attend meetings during work . Tours where their attendance is required for settlement of grievances. It is recognized that certain departments have allowed stewards reasonable time during work hours to investigate an employee's grievance in order to expedite settlement of said grievance. It is hereby understood that said practice will continue and that any claimed abuses of the use of this work time will be reported by the Department to the Union_ 2. Section 20.5 Involuntary Reassignment Procedure provides for an involuntary reassignment policy for temporary reassign- ments of less than eight (8) weeks duration. It is hereby understood that with regards to employees in the General Services and Maintenance Unit, this procedure will not apply- to the Seal Coat Program assignment, to assignment of employees to various locations, to operate various equipment for training purposes and to the assignment of employees to operate the Gradeall, Vacall, Paint Striper, Bridge Truck: and Hydroflush. 3. Section 22 - Dismissal Suspension and Demotion contains as a reason for disciplinary action "sexual harassment". It is hereby understood that said provision applies to all County employees and will be incorporated in the County's .Personnel Management Regulations. IPM4R INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER r .+,+y�•.�_,. �''� :t_'� '_'"tii"!'..�Caa ti:4!Mta�"'r�6h it'T':' _ :A.. <•._ =v.j4 '"�`�'+`P�.,`/ •�� .ate: if the foregoing conforms with your understanding, please indicate your accep- tance in the space provided below. Oated: Dated: -- Contra Costa County Employees Local No_ l Contra Costa County Association, /' ATTACHMENT , . H AGREEMENT FOR CHANGES IN COMMUNICATIONS TECHNICAL SERVICES STAFF IN GENERAL SERVICES DEPARTMMT This is to confirm that the General Services Department and Local 1 have met and agreed to changes within the Communication Division's Technical Services section, subject to approvaj from Personnel, County Administrator and the Board of Supervisors_ General Services agrees to submit a P-300 to approve four new classifications; to replace four existing classifications, add permanent positions to replace long-term temporary positions; and request the Director of Personnel to reclassify, without exam, current permanent staff in subject classifications. Local 1 agrees that when the P-300 becomes effective, the current on-call pay will change to a weekly flat rate of $175, with a cost-of-living adjustment (COLA) to be granted with each subse- quent salary COLA increase; the current 5% climbing pay provision will be eliminated and employees, who are- required . to climb towers, will be paid one hour of straight time on any day in which they climb; construction tower work will be contracted out; and County vehicles will no longer be taken home when employees are on call or overtime. Approved by representatives from : Local 1, General Services, and Personnel: 6 (Signa re) Local 1 Title n n i (S14natV7C4eneral. Services Dept. Title (Signature) Personnel Department Tit CL,0,3 44 Da ��' ATTAaug:x I Gor#ra GENERAL SERVICES DEPARTMENT aarWn 1 GAbW 1220 Morello Avenue,Suite Zoo malor Costa _ Martinez,Cardornia 94553-4711 J-a�� )linty �'`.'i'SOWEL DEPT (510)313-7100 Deputy t)wor p �+r Brown J'!2=24 0"Oirecor June 17, 1992 Henry Clarke, General Manager Contra Costa County Employees Local No. One P. O. Box 222 Martinez, California 94553 Dear Henry: This "letter is to confirm agreement between Local No. 1 and the General Services Department regarding a trial period for voluntary stand-by assignments for Communications Equipment Technicians in the General Services and Maintenance Unit. Effective _April 1, 1992, General Services agrees to a• one-year trial period in which stand-by assignments may be rotated on a voluntary basis among a minimum of four Communications Equipment Technicians. Any Communications Equipment :Technician who wishes to be on stand-by will be put into the rotation, even if the number exceeds four people. If four Communications Equipment Technicians do not volunteer for stand-by, then the assignment shall be made in order of inverse seniority and shall remain in effect for six months, with the Communications Equipment Technician assigned to the West County Justice Center ineligible for voluntary stand-by as long as the assignment• is a 4/10 work schedule. At the end of the six-month assignment, those Communications Equipment Technicians who were involuntarily assigned to stand-by shall not be considered for the next assignment. Prior to the end of the trial period, General Services Department Management agrees to meet and discuss the continuation or end of voluntary stand-by with Local No. 1. Management reserves the right to discontinue the trial period if there are operational and/or customer service delivery problems, and will meet and discuss with Local No. l if such problems occur. Henry Clarke June 17, 1992 Page -2- If the foregoing conforms to your understanding, please indicate your approval and acceptance in the space provided below. Sincerely, Mickey � avis Administrative Services Assistant 14D:mak Contra Costa County Contra Costa County Employees Association, Local No. One / A Ile Rich Heyne H4n Clarke Employee Relatiou Officer Gen ral Manager Date: (o jjY(�ji Date: .G� ATrACmw .xT J :ontra GENERAL SERWCES DEPARTMENT e.rta, 1 n 1220 Momft Avem e.Suite 200 meaor Martinez,Caffomia 94553-4711 1 a geq,lad inty (510)313-7100 . Kaft Brown . . :.- �'� April 13, 1992 Henry Clarke, General Manager Contra Costa County Employees Association Local No. One P. O. Box 222 Martinez, :California 94553 Dear Henry: This letter is to. confirm agreement between Local No. 1 and the General Services Department regarding health and safety issues. The General Services Department agrees to the following: 1. To provide employees in the Building Trades Unit an annual Tuberculosis skin test, to be included as part of the annual respirator examination, at no cost to the employee. 2. To request that the Building Trades Unit annual respirator examination include a rectal exam- 3. To continue to work with employees, Risk Management and Occupational Health when specific hazardous materials and/or toxins are identified in the worksites_ The concerns raised regarding leaded paint were investigated, and Risk Management has determined that the lead content is within safe acceptable levels. 4. To provide, on a voluntary basis, vaccination for Hepatitis B to employees of the Building Trades Unit whose .assignments include adult or juvenile detention facilities. The County reserves the right to determine the most economical means of providing the vaccination, which will be determined through a feasibility study to be conducted within 90 days after the execution of the MOU. General Services Department management agrees to meet and discuss the results of the feasibility study with Local No. 1. Henry Clarke .�pril 13, 1992 Page -2- S. To provide instruction in traffic coning safety to employees in the Building Trades Unit whose assignments require working adjacent to roadways. 6. To include previous -vehicle accidents only if they-occurred within the preceding 3 years when considering recommendations for disciplinary action, as a result of a current vehicle accident. If the foregoing conforms to your understanding, please indicate your approval and acceptance in the space provided below. Sincerely, Hickey is Administrative Services Assistant MD:mak Contra Costa County Contra Costa County Employees Association, Local No. One Rich Heyne Henr��Clarke Employee Relations Officer General Manager Date ATTACMMn Contra Personnel Department Costa��� Third Floor. Administration Bldg. 651 Pine Street Count� 1 Martinez, California 94553-1292 y (415)606-4064 "AY O.c4ter"On June 3, 1988 O:rftta of Perum el Hr. Henry Clarke, General Manager Contra Costa County Employees Assn., Local fl PO Box 222 Martinez CA 94553 Re: Central Library Vacation Policy Dear Mr. Clarke: In good conscience I cannot accept Local 11"s vacation scheduling proposal for the Central Library because it would result in hardship for non-vacationing staff, and would seriously damage public service. At the Central Library there are six desks that need to be covered 11 hours each day by 15.5 public service FTEs. Simple arithmetic totals 4.25 desk hours/day/FTE. Arithmetic does not take account of sick leave, vacancies, meetings, double-staffing the Reference desk during peak times, or the fact that every employee is not qualified to cover every desk. The worst case scenario could mean 3 staff members missing on the same night or the same Saturday, leaving 3-4 persons on the evening or 5-6 on a Saturday. This would not be enough, even if staff were able to work eig;lt desk hours, covering more than on desk simultaneously. Closing the Library because of scheduled vacations seems Irresponsible. However, I also recognize that each employee earns at least 3 weeks vacation per year, plus 3 days of floating holiday. This totals more than 52 weeks of earned time off by Central Library Reference employees, and means that there must be some vacation overlap. The problem is scheduling this overlap to have minimal impact on remaining staff and public. When there is overlap, P.I.'s will be asked to cover the peak hours. I propose the following procedure: 1. Post a list of staff by seniority. 2. Route, in sEniority order, a calendar for the year in question. Each person enters his/her first choice in the appropriate week/days. If there is a conflict, staff members negotiate directly with each other to resolve the conflict. A conflict is defined as two persons overlapping for more than one week, or two persons from the same Central Unit (e.g. , Children's Documents, Periodicals, Reference) overlapping at all . fpma INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER - 2 - 3. When the process has been completed. Head of Reference and Head of Central will review the calendar. Where there are conflicts, as defined above, the most senior person(s) will be given vacation. The other vacation(s) will be denied. Head of Reference will recommend to Head of Central the P.I. hours needed. Head of Central will approve or disapprove, and Head of Reference will assign P.I. scheduling to staff approved for vacation. 4. When there is overlap, it will be understood that staff may be assigned to the public desk 5-6 hours per day. It may not be possible always to staff the Children's Desk or to double-staff Reference. Dinner and lunch hours may need to be changed. 5. The use of P.I.'s to cover lengthy vacation overlaps is not a practical solution. If P.I.'s are frequently*scheduled to cover vacations, they are not available for sick leave and vacancies. Also, it is not always possible to find•a P.I. for the times needed. Although staff might survive the stress of increased desk hours for a day or so, they would have, I believe, great difficulty with prolonged periods of vacation overlap. 6. Post final approved vacation schedule. If the foregoing conforms with your understanding, please indicate your,accep- tance and approval in the space provided below. Approved nd Accepted Date: 3 e ry rke, General Manager Ernest Siegel , County Librarian Contra osta County Employees by Association, Local #1 Bill Hamilton, Chief Employee Relations Division Contra Costa County ATTACHMENT Cwtra Personnel Department Costa •` •�` Administration Bldg. a *-% 651 Pere street i�..//�tJJ N[aninez.Ca1'domia 94553-1292 4 April 29, 1992 Henry Clarke, General Manager Contra Costa County Employees Assn., Local No. 1 P. O. Box 222 Martinez CA 94553 Dear Mr. Clarke: This letter of agreement confirms the understanding between the parties relative to the Public Defenders' longevity differential program and flexible staffing in the Deputy Public Defender series. I. Public Defender Longevity Differential Program Effective July 1, 1987 and thereafter, Deputy Public Defenders who have completed ten (10) years of County service will be eligible to receive commencing the first of the following month, a 2.5% longevity differential, conditional on having previously received two consecutive satisfactaty annual performance evaluations as certified by the appointing authority. If a Deputy Public Defender has not previously received two consecutive satisfactory annual performance evaluations, he/she will be reconsidered for the longevity differential annually on their service year anniversary date under the same -criteria as the initial ten (10) years service review, with the understanding that the appointing authority will conduct an annual performance evaluation prior to the review. II. MOU Section 32 - Flexible Staffing Certain positions may be designated by the Personnel Director as flexibly staffed positions. Positions are generally allocated at the first level of the job series when vacated. When the position is next filled and an incumbent of one of these positions meets the minimum qualifications for the next higher level and has met appropriate competitive requirements, he/she may then be promoted to the next higher classification within the job series without need of a classification study. The County's practice, as provided for in the Personnel Management Regulations, Sections 306(e), 503(b) and 713 of allowing work performed as a temporary employee in a particular class to be used as part of the experience needed to meet the minimum requirements of a class and/or to constitute work performed in that class, shall continue. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to promote an employee on the first of the month when eligible, said appointment shall be made retroactive to the first of the month when eligible_ An employee who is denied a promotion to a flexibly staffed position may appeal such denial to the Merit Board. r �. If the foregoing conforms to your understanding, please indicate your approval and acceptance in the space provided below. Dated: X .1.l /J{ Z- CONTRA COSTA COUNTY LOCAL NO. 1 Harry D. Ciste Hen larke, General Manager Director of Personn - 2 - Attachment M Public Employees Union, Local #1 Class & Salary Listing Effective October 1, 2005 Aariculture and Animal Control Unit Flex Staff(F)/ Class Code Class Title Deep Class (D) Min Salary Max Salary BANA AGRICULTURAL BIOL/W&M INSP III F $5,016.95 $6,098.14 BAWA AGRICULTURAL BIOLOGIST I F $3,951.91 $4,803.58 BAVA AGRICULTURAL BIOLOGIST II F $4,273.45 $5,194.40 BATB AGRICULTURAL BIOLOGIST III $5,016.95 $6,098.14 BA7A AGRICULTURAL BIOLOGIST TRAINEE F $2,836.31 $3,447.56 BJWC ANIMAL CENTER TECHNICIAN $2,878.75 $3,499.14 BJWD ANIMAL SVCS OFFICER $3,159.75 $4,785.10 BJTD ANIMAL SVCS SERGEANT $3,478.28 $5,267.47 BJWE ANIMAL SVCS UTILITY WORKER $2,122.08 $2,579.40 B9W3 GLASSY WING SHARPSHTR SPEC-PRJ $3,100.67 $3,100.67 V4TB LEAD VECTOR CONTROL TECH $3,116.05 $3,787.58 B9W1 PEST DETECTION SPEC-PROJECT $3,100.67 $3,100.67 BKVA REGISTERED VETERINARY TECH F $3,100.67 $4,362.95 BJTC SR ANIMAL CENTER TECHNICIAN $3,683.64 $4,477.48 BKRA VETERINARY ASSISTANT F $2,942.15 $3,576.20 BWWA WEIGHTS/MEASURES INSPECTOR 1 F $3,951.91 $4,803.58 BWVA WEIGHTS/MEASURES INSPECTOR II F $4,273.45 $5,194.40 BWTB WEIGHTS/MEASURES INSPECTOR 111 $5,016.95 $6,098.14 BW7A WEIGHTS/MEASURES INSPECTOR TRN F $2,718.09 $3,303.85 Building Trades Unit Flex Staff(F) Class Code Class Title Deep Class (D) Min Salary Max Salary GFWB CARPENTER $4,855.67 $5,353.38 GFWA ELECTRICIAN $4,992.17 $5,503.87 GFTC LEAD CARPENTER $5,462.87 $6,022.81 GFTA LEAD ELECTRICIAN $5,711.78 $6,297.23 GFTB LEAD PAINTER . $5,462.87 $6,022.81 GFTE LEAD STEAMFITTER $6,369.01 $7,021.84 GFWE PAINTER $4,855.67. $5,353.38 GFWG ROOFER $5,046.84 $5,564.15 GFVA STEAMFITTER $5,566.61 $6,137.19 Deputy Public Defender Unit Flex Staff(F)/ Class Code Class Title Deep Class (D) Min Salary Max Salary 6N75 PUBLIC DEFENDER INVESTIG AIDE $2,375.65 $2,887.62 6N7A PUBLIC DEFENDER INVESTIG ASST F $2,620.31 $3,185.01 6NWA PUBLIC DEFENDER INVESTIGATOR I F $4,411.02 $5,361.62 6NVA PUBLIC DEFENDER INVESTIGATR 11 F $5,046.84 $6,134.47 6NVB SR PUBLIC DEFENDER INVEST AIDE $3,343.00 $4,063.43 25W2 DEPUTY PUBLIC DEF-SP ASGMNT-EX $4,933.21 $4,933.21 25WA DEPUTY PUBLIC DEFENDER I F $5,081.95 $5,081.95 25VA DEPUTY PUBLIC DEFENDER I1 F $6,237.95 $7,582.27 Y Attachment M 25TB DEPUTY PUBLIC DEFENDER 111 F $7,656.92 $9,307.03 25TA DEPUTY PUBLIC DEFENDER IV F $8,798.74 $10,694.9 Public Employees Union, Local #1 Class & Salary Listing Effective October 1, 2005 Engineerinq Unit Flex Staff(F)/ Class Code Class Title Deep Class (D) Min Salary Max Salary DYTA ASSOC REAL PROPERTY AGENT F $4,923.45 $6,283.71 DYVA ASST REAL PROPERTY AGENT F $4,140.17 $5,032.40 DRWB AUDITOR-APPRAISER I F $4,446.09 $4,901.82 DRVA AUDITOR-APPRAISER II F $4,477.02 $5,441.84 NP7A COMPUTER AID DRAFT OPER TRAINE F $3,484.95 $3,842.15 NPWB COMPUTER AIDED DRAFTING OPER F $4,054.97 $4,928.84 51 VC ENVIRONMENTAL ASSISTANT $3,855.29 $4,686.13 5HWB GRAPHIC DESIGNER $3,336.38 $4,055.39 5HWA GRAPHICS TECHNICIAN I F $2,659.52 $3,232.66 5HVA GRAPHICS TECHNICIAN II F $3,362.91 $4,087.64 NPWA JUNIOR DRAFTER F $2,659.52 $3,232.66 DYWA JUNIOR REAL PROPERTY AGENT F $3,042.88 $3,698.64 NPTA LEAD C A D OPERATOR F $4,376.21 $5,319.31 51WB PLANNING TECHNICIAN I F $2,959.68 $3,597.51 51VB PLANNING TECHNICIAN II F $3,406.48 $4,140.60 51 TB PLANNING TECHNICIAN III F $3,916.85 $4,760.96 DY713 REAL PROPERTY TECH ASSISTANT F $3,256.04 $4,158.10 DRTA SR AUDITOR-APPRAISER $5,287.26 $6,426.69 NPVA SR DRAFTER F $3,607.83 $4,385.34 DYTB SR REAL PROPERTY AGENT F $5,519.32 $6,876.49 DY7C SR REAL PROPERTY TECH ASST F $3,855.29 $4,686.13 NPHB SUPERVISING DRAFTER $4,363.23 $5,303.54 N4WA TRAFFIC SAFETY INVESTIGATOR $3,362.91 $4,087.64 Family and Children's Services Site Supervisor Unit Flex Staff(F) Class Code Class Title Deep Class (D) Min Salary Max Salary CJH2 FACS SITE SUPV I-PROJECT $2,965.54 $3,604.64 CJG1 FACS SITE SUPV II-PROJECT $2,747.85 $3,340.04 CJF1 FACS SITE SUPV III-PROJECT $3,333.08 $4,051.38 Investagative Unit Flex Staff(F) Class Code Class Title Deep Class (D) Min Salary Max Salary SMWF CHILD SPPRT SPECIALIST I D- Res#2002/765 $3,100.67 $3,768.88 SMVB CHILD SPPRT SPECIALIST II D- Res#2002/765 $3,554.65 $4,320.69 SMTA CHILD SPPRT SPECIALIST III D- Res#2002/765 $3,944.10 $4,794.07 SMWJ COLLECTION ENFORCEMENT OF I F $2,847.57 $3,461.24 SMVD COLLECTION ENFORCEMENT OF II F $3,735.05 $4,539.98 6K7C DA CASE PREPARATION ASSISTANT $3,406.48 $4,140.60 S5WB FIELD TAX COLLECTOR $3,349.62 $4,071.49 2Y7A PARALEGAL $3,267.72 $3,971.94 S5WC SR FIELD TAX COLLECTOR $3,720.29 $4,522.04 4 Attachment M 65SA VICT/WIT ASSISTANCE PROG SPEC $3,339.69 $4,059.41 Public Employees Union, Local #1 Class & Salary Listing Effective October 1, 2005 Family and Children's Services Unit Flex Staff(F)/ Class Code Class Title Deep Class (D) Min Salary Max Salary 98W3 CHILD NUTRI WORKR I-PRJ SUB $1,361.81 $1,655.29 98W2 CHILD NUTRT FD SVC TRNS-PRJ $1,660.04 $2,017.79 98V1 CHILD NUTRT FOOD SVC ASST-PRJ $1,579.86 $1,920.33 98W1 CHILD NUTRT WORKER I-PROJECT $1,375.36 $1,671.76 98G1 CHILD NUTRT WORKER II-PROJECT $1,920.13 $2,333.93 98G2 CHILD NUTRT WORKR III-PROJECT $2,074.30 $2,521.32 9JV7 COMMUNITY SVCS ACCT ASST-PROJ $2,839.12 $3,450.97 9KV8 COMMUNITY SVCS BLDG SVC WRKR-P $1,860.24 $2,261.14 CJW3 FACS ASSOC TEACHER-PRJ-SUB $1,922.03 $2,336.24 CJW1 FACS ASSOC TEACHER-PROJECT $1,941.16 $2,359.49 9MW4 FACS EARLY CHILD HOME EDUC-PRJ $2,615.13 $3,178.71 9MW3 FACS FAMILY ADVOCATE-PROJ $2,254.20 $2,739.99 CJH1 FACS HEAD TEACHER-PROJ $2,777.95 $3,376.61 CJW2 FACS I/T ASSOC TEACHER-PROJECT $1,941.16 $2,359.49 CJN2 FACS I/T TEACHER-PROJECT $2,615.13 $3,178.71 99,13 FACS INTERMEDIATE CLERK-PRJ F $2,620.31 $3,185.01 9KT7 FACS SENIOR CLERK-PROJECT F $3,018.87 $3,669.46 CJK1 FACS TEACHER ASST TRAINEE-PRJ $1,329.83 $1,466.14 CJN1 FACS TEACHER-PROJECT $2,615.13 $3,178.71 CJN3 FACS TEACHER-PROJECT-SUB $2,615.13 $3,178.71 CJT2 INF/TOD MASTER TEACHER-PRJ $2,777.95 $3,376.61 CJT1 MASTER TEACHER-PROJECT F $2,777.95 $3,376.61 LVN/Aide Unit Flex Staff(F)/ Class Code Class Title Deep Class (D) Min Salary Max Salary V9WJ AFTER SCHOOL PROGRAM TEACHER $2,435.19 $2,959.99 V9W4 AFTER SCHOOL PROGRAM TEACHER-P $2,435.19 $2,959.99 VT7F ANESTHESIA TECHNICIAN $2,770.76 $3,538.37 VTWC CERTIFIED MEDICAL ASSISTANT $3,015.88 $3,665.83 VTWA CERTIFIED NURSING ASSISTANT $2,518.56 $3,061.33 VQWC CONSERV/GDNSHP PROGRAM AIDE $2,693.98 $3,274.54 V5WG DEVELOPMENTAL PROGRAM AIDE $3,300.24 $4,011.46 VKWA HOME HEALTH AIDE 1 $2,718.09 $3,303.85 VKVA HOME HEALTH AIDE II $3,079.25 $3,742.85 VT7H INTERIM PERMIT VOC NURSE $2,927.62 $2,927.62 V9VD LEAD REGISTRD DENTAL ASST $3,219.55 $3,913.38 1 ETB LEAD STERILE PROC AND DIST TEC $2,980.26 $3,622.53 VT7G LICENSED VOCATIONAL NURSE $3,663.21 $4,678.07 V9WC MORGUE ATTENDANT $2,612.54 $3,175.56 ME ORTHOPEDIC TECHNICIAN $2,746.18 $3,506.98 VQWB PSYCHIATRIC TECHNICIAN $3,496.64 $4,465.35 VMWC PUBLIC HLTH DENTAL ASST $2,442.43 $2,968.79 64WP PUBLIC SERVICE OFFICER $3,959.75 $4,365.62 V9WG REGISTERED DENTAL ASST $3,006.94 $3,654.95 .� a �. i .. Attachment M V5TA SR DEVELOPMENTAL PROGRAM AIDE $3,640.13 $4,424.60 VMVB SR PUBLIC HLTH DENTAL ASST $2,808.37 $3,413.59 1 EWA STERILE PROCESS AND DIST TECH $2,775.20 $3,373.27 VT76 SURGICAL TECHNOLOGIST $3,239.96 $4,137.57 V5WA THERAPIST AIDE $3,300.24 $4,011.46 Public Employees Union, Local #1 Class & Salary Listing Effective October 1, 2005 General Services and Maintenance Unit Flex Staff(F)/ Class Code Class Title Deep Class (D) Min Salary Max Salary 9BVB AIRPORT OPERATIONS SPECIALIST F $3,889.80 $4,728.08 9BWB AIRPORT OPERATIONS TECHNICIAN F $2,777.95 $3,376.61 PM7A APPRENTICE MECHANIC $3,963.67 $4,369.95 FAWB BUILDING INSPECTOR I F $4,490.33 $4,950.59 FAVD BUILDING INSPECTOR II F $5,371.69 $5,922.28 FRWA BUILDING PLAN CHECKER I F $3,232.33 $3,928.91 FRVA BUILDING PLAN CHECKER II F $3,809.76 $4,630.78 FR7A BUILDING PLAN CHECKER TRAINEE F $2,533.57 $3,079.57 CW05 CAL WORKS LABORER F $3,012.90 $3,321.72 ADWA CCN PRODUCTION ASSISTANT $2,667.43 $3,242.28 PEWD COMM EQUIPMENT INSTALLER $2,847.57 $3,461.24 PEWF COMMUNICATIONS EQUIP SPEC $4,454.91 $5,414.97 LK7A COMPUTER OPERATOR I F $3,267.72 $3,602.67 LKVB COMPUTER OPERATOR 11 F $3,258.03 $3,960.16 LKTA COMPUTER OPERATOR III F $3,586.46 $4,359.37 1 KWA COOK $2,930.52 $3,562.06 GK713 CUSTODIAL SVCS AIDE $2,205.62 $2,431.70 GK7A CUSTODIAN I F $2,638.54 $2,908.99 GKWB CUSTODIAN II F $2,720.78 $2,999.66 64WG DETENTION SVCS AIDE F $2,263.14 $2,750.86 64VD DETENTION SVCS WORKER F $2,536.08 $3,082.62 9QWA DRIVER CLERK F $2,836.31 $3,447.56 '9XVB DUPLICATING MACHINE OPERATOR $2,723.48 $3,310.40 PEWE ELECTRONIC SYSTEMS SPECIALIST $4,454.91 $5,414.97 PMWB EQUIPMENT MECHANIC F $4,648.67 $5,125.16 PSVA EQUIPMENT OPERATOR I F $3,916.85 $4,318.33 PSTA EQUIPMENT OPERATOR II $4,397.93 $4,848.72 PMVB EQUIPMENT SERVICE WRITER $3,551.13 $3,915.12 PMVA EQUIPMENT SERVICES WORKER $3,551.13 $3,915.12 PMSC FIRE APPARATUS SERVICE COORDIN $4,648.67 $5,125.16 PESC FIRE DISTRICT TELECOM SPEC $5,168.21 $6,281.99 RJHD FIRE EDUCATION COORDINATOR $3,433.57 $4,173.53 GMWA FIRE MAINTENANCE WORKER $3,597.13 $4,372.34 RJWE FIRE PREVENTION SPECIALIST $2,361.58 $2,870.51 PMTB FLEET EQUIPMENT SPECIALIST $4,054.97 $4,470.61 PMWD FLEET SERVICE CENTER ATTENDANT $2,306.12 $2,542.50 6D7A FORENSIC TECHNOLOGIST $3,187.83 $3,874.83 GPWA GARDENER F $3,003.96 $3,311.87 NXWB GRADING INSPECTOR I F $4,490.33 $4,950.59 NXTB GRADING INSPECTOR II F $5,371.69 $5,922.28 GPVD GROUNDS MAINTCE SPEC-IRRIGATN $4,058.99 $4,475.03 GPVE GROUNDS MAINTCE SPEC-PEST CTRL $4,260.77 $4,697.50 GPWD GROUNDS RESOURCE CENTER ATT F $3,426.78 $3,778.02 Attachment M GP7A GROUNDSKEEPER F $2,622.91 $2,891.76 1KHB HEAD DETENTION COOK $4,490.33 $4,950.59 LTWA INFO SYS SPECIALIST I F $3,519.62 $4,278.13 LTVA INFO SYS SPECIALIST II F $4,079.13 $4,958.21 LTTA INFO SYS SPECIALIST III F $4,722.91 $5,740.72 LTWB INFO SYS TECHNICIAN 1 F $4,140.17 $5,032.40 LTVB INFO SYS TECHNICIAN II F $4,517.09 $5,490.55 LTW3 INFO SYSTEMS TECHNICIAN'I-PROJ $4,140.17 $5,032.40 Public Employees Union, Local #1 Class & Salary Listing Effective October 1, 2005 General Services and Maintenance Unit(cont) Flex Staff(F)/ Class Code Class Title Deep Class (D) Min Salary Max Salary 1KWC INST SVCS AIDE F $2,331.37 $2,833.80 1KVD INST SVCS WORKER-GENERALIST D 82/1082 $2,558.78 $3,110.21 1KVF INST SVCS WORKER-LEAD D 82/1082 $3,565.22 $3,565.22 1 KVE INST SVCS WORKER-SPECIALIST D 82/1082 $3,261.26 $3,261.26 PSWB LABORER F $3,168.95 $3,493.77 9KT4 LD WEATHERIZATION HM RPR SPEC $3,131.52 . $3,806.38 96TA LEAD AIRPORT OPS SPCLST $4,277.68 $5,199.55 9XTC LEAD CENTRAL SVCS TECNICIAN F $3,561.69 $4,329.26 1 KTA LEAD COOK $3,464.30 $3,819.40 GKTB LEAD CUSTODIAN $3,091.47 $3,408.35 64TB LEAD DETENTION SVCS WORKER $2,936.33 $3,569.12 PETD LEAD ELECTRONIC SYSTEMS SPEC $4,899.14 $5,954.93 PMNB LEAD FLEET TECHNICIAN $5,021.92 $5,536.67 GPTA LEAD GARDENER $4,363.23 $4,810.47 91VD LEAD MATERIALS TECHNICIAN $3,944.10 $4,794.07 GPTD LEAD RESOURCE CENTER ATTNDNT $4,103.44 $4,524.04 GWTC LEAD STATIONARY ENGINEER F $4,967.52 $5,476.69 PETC LEAD TELECOMMUNICATIONS SPEC $4,899.14 $5,954.93 9XWD MAILING MACHINE OPERATOR $2,723.48 $3,310.40 91VC MATERIALS TECHNICIAN $3,597.13 $4,372.34 9XWA MICROFILM TECHNICIAN 1 $2,331.37 $2,833.80 9XVA MICROFILM TECHNICIAN If $2,898.77 $3,523.48 9XV1 MICROFILM TECHNICIAN 11-PRJ $2,898.77 $3,523.48 9XTA MICROFILM TECHNICIAN 111 $2,921.83 $3,551.50 9XWC OFFICE SVCS WORKER F $2,278.88 $2,770.00 PSSE PW RESOURCES ASSISTANT $3,987.29 $4,846.57 9XWE REPROGRAPHICS TECH I F $2,055.89 $2,498.95 9XVD REPROGRAPHICS TECHNICIAN II F $3,009.92 $3,658.57 PSWA ROAD MAINTENANCE CARPENTER $4,481.45 $4,940.80 PSWD ROAD MAINTENANCE CARPENTER AST $3,916.85 $4,318.33 999A SPECIAL QUALIFICATIONS WORKER $1,954.66 $2,375.90 999F SPECIAL SVCS WORKER I F $1,954.66 $2,375.90 999G SPECIAL SVCS WORKER II F $2,247.51 $2,731.86 PSTC SPECIALTY CREW LEADER $4,397.93 $4,848.72 FATE SR BUILDING INSPECTOR $5,808.73 $6,404.13 FRTA SR BUILDING PLAN CHECKER $4,227.15 $5,138.13. PETB SR COMM EQUIPMENT SPECIALIST $4,899.14 $5,954.93 NXTA SR GRADING INSPECTOR $5,271.57 $6,407.63 PETE SR TELECOM INFRASTRUC SPEC $4,899.14 $5,954.93 PSTD SR VEGETATION MGMT TECNICIAN F $5,041.85 $5,558.64 GWVD STATIONARY ENG-SYS SPEC I F $4,913.71 $5,417.37 Attachment M GWTD STATIONARY ENG-SYS SPEC II F $5,157.99 $5,686.68 GWVC STATIONARY ENGINEER F $4,358.92 $4,805.70 91VA STOREKEEPER $3,280.69 $3,987.70 91WC STOREROOM CLERK $2,543.62 $3,091.79 91W1 STOREROOM CLERK-PROJECT $2,543.62 $3,091.79 PEWK TELECOM INFRASTRUCTURE SPEC $4,454.91 $5,414.97 PEWG TELECOM SPECIALIST $4,454.91 $5,414.97 PSVB TRAFFIC SIGN COORDINATOR $3,916.85 $4,318.33 GPWC VEGETATION MANAGEMENT TECH F $3,944.10 $4,348.37 P6WA WATER QUAL CONT OPR I F $3,735.05 $4,117.90 Public Employees Union, Local #1 Class & Salary Listing Effective October 1, 2005 General Services and Maintenance Unit(cont) Flex Staff(F) Class Code Class Title Deep Class (D) Min Salary Max Salary P6VB WATER QUAL CONT OPR II F $4,115.64 $4,537.50 P6WC WATER QUAL OPR-IN-TRAINING $3,073.16 $3,735.44 9KW7 WEATHERIZATION/HM REPAIR SPEC $2,989.13 $3,295.51 GKWA WINDOW WASHER $2,791.73 $3,077.89 GP9A WORK PROGRAM AIDE $1,689.89 $1,689.89 GKNA WORK PROGRAM CREW LEADER F $4,103.44 $4,524.04 9KW0 WTHRZ/HOME ASSESS/REP SPE-PROJ $2,980.26 $3,622.53 Library Unit Flex Staff(F)/ Class Code Class Title Deep Class (D) Min Salary Max Salary 3AHA BRANCH LIBRARIAN $5,114.17 $6,531.00 3AWA LIBRARIAN F $3,864.40 $4,935.00 3AKA LIBRARIAN TRAINEE F $3,669.08 $3,669.08 3KT3 LIBRARY ASST I-PROJECT $2,552.16 $3,259.21 3KTB LIBRARY ASST-ADVANCED LEVEL D Res#95/336 $3,475.93 $4,438.90 3KT4 LIBRARY ASST-ADVANCED LEVEL-PJ D Res#95/336 $3,475.93 $4,438.90 3KVB LIBRARY ASST-JOURNEY LEVEL D Res#95/336 $2,840.20 $3,627.05 3KT1 LIBRARY COMM RSRCE SP-PRJ $2,972.55 $3,796.07 3AV3 LIBRARY LITERACY SPEC-PRJ $2,969.61 $3,792.31 3AVB LIBRARY LITERACY SPECIALIST $2,969.61 $3,792.31 3AVA LIBRARY SPECIALIST $4,430.20 $5,657.55 3AHC SR BRANCH LIBRARIAN $5,310.25 $6,781.41 Probation Unit Flex Staff(F)/ Class Code Class Title Deep Class(D) Min Salary Max Salary 7AWA DEPUTY PROBATION OFFICER I F $3,357.67 $4,081.27 7AVA DEPUTY PROBATION OFFICER II F $4,659.84 $5,664.07 7ATA DEPUTY PROBATION OFFICER III F $4,974.53 $6,046.57 7KV3 PROBATION COUNSELLOR II-P $4,382.38 $5,326.81 7KWB PROBATION COUNSELOR I F $3,298.36 $4,009.17 7KVB PROBATION COUNSELOR II F $4,382.38 $5,326.81 7KTB PROBATION COUNSELOR III F $4,655.23 $5,658.46 26SC PUBLIC DEFENDER CLIENT SVC SPC $4,632.24 $5,630.52 Attachment M 26SB PUBLIC DEFENDER LIAISON AIDE $2,534.63 $3,080.86 Public Employees Union, Local #1 Class & Salary Listing Effective October 1, 2005 Health Services Unit Flex Staff(F) Class Code Class Title Deep Class (D) Min Salary Max Salary V9WF ACCOUNT REPRESENTATIVE/CCHP $3,824.87 $4,649.16 VFWG BIOMEDICAL EQUIPMENT TECH I F $4,494.78 $4,955.50 VFVD BIOMEDICAL EQUIPMENT TECH 11 F $4,947.89 $5,455.04 CW03 CAL WORKS COMMUNITY HLTH WKR I F $2,210.00 $2,686.27 V8VG CARDIAC ULTRASONOGRAPHER $4,690.28 $5,701.07 V8WD CARDIOLOGY TECHNICIAN I F $2,968.48 $3,608.21 V8VC -CARDIOLOGY TECHNICIAN 11 F $3,119.14 $3,791.34 VBSK CH HEALTH AND DIS PRV DNT HYG $4,140.17 $5,032.40 VHWA CLINICAL LAB SCIENTIST I F $4,685.64 $4,685.64 VHVD CLINICAL LAB SCIENTIST II F $4,923.45 $5,984.49 VQTB CLINICAL PSYCHOLOGIST D-Res#91/311 $4,446.52 $6,282.82 VYSD CLINICAVDRUG INFOR COORD $6,894.03 $8,798.72 VKWC COMMUNITY HEALTH WORKER I F $2,586.80 $2,851.95 VKW1 COMMUNITY HEALTH WORKER I-PRJ F $2,586.80 $2,851.95 VKVB COMMUNITY HEALTH WORKER II F $2,884.46 $3,506.08 VKV1 COMMUNITY HEALTH WORKER II-PRJ F $2,884.46 $3,506.08 VKTA COMMUNITY HEALTH WORKER SPEC $3,061.01 $3,720.68 VFVB CYTOTECHNOLOGIST $5,229.98 $6,357.08 1 K7B DIETETIC TECHNICIAN $3,009.92 $3,658.57 1 KSA DIETITIAN $4,011.05 $4,875.45 V7WB DISEASE INTERVENTION TECH $3,661.82 $4,450.96 V7W1 DISEASE INTERVENTION TECH-PRJ $3,661.82 $4,450.96 VQW5 DUAL DIAGNOSIS PROG SPEC-PRJ $3,568.75 $4,337.84 V47B ENVIRONMENTAL HLTH SPC TRAINEE F $3,749.88 $4,558.00 VLWA ENVIRONMENTAL HLTH SPEC I F $4,736.96 $5,757.80 VLVA ENVIRONMENTAL HLTH SPEC II F $5,097.06 $6,195.51 VL7A ENVIRONMENTAL HLTH TECHNICIAN $3,137.73 $3,813.93 6CWA FORENSIC TOXICOLOGIST I F $4,704.24 $5,186.42 6CVA FORENSIC TOXICOLOGIST II F $5,122.36 $6,226.26 .6CTA FORENSIC TOXICOLOGIST III F $5,930.78 $7,208.90 V4WF HAZARDOUS MATERIAL TECH $4,144.27 $4,569.06 V4WG HAZARDOUS MATERIALS SPEC I F $4,967.52 $6,038.05 V4VC HAZARDOUS MATERIALS SPEC 11 F $5,820.25 $7,074.55 VMWD HEALTH ED SPECIALIST $3,393.02 $4,124.23 VMW4 HEALTH ED SPECIALIST-PROJECT $3,393.02 $4,124.23 V9TF HEALTH PLAN MBR SVCS COORD $3,824.87 $4,649.16 V9VE HEALTH PLAN MEMBER SVCS COUNS F $3,310.06 $4,023.40 Attachment M VCVC HEALTH PLAN OUTREACH REP $3,662.17 $4,573.55 VCVB HEALTH PLAN SALES REP $4,131.98 $5,022.44 VHWF HISTOTECHNICIAN $4,248.13 $5,163.63 V9WE HOME ECONOMIST $4,011.05 $4,875.45 VBWC JUNIOR RADIOLOGIC TECHNOLOGIST F $4,202.12 $5,107.70 V09C LABORATORY TECHNICIAN $3,003.96 $3,651.34 V092 LABORATORY TECHNICIAN-PROJECT $3,003.96 $3,651.34 VQW3 M/H COMMUNITY SUPPORT WKR-PRJ $2,440.01 $2,440.01 V2WC MH ACTIVITIES SPECIALIST $3,862.93 $4,695.42 VQSB MH CLINICAL SPECIALIST D- Res#91/311 $4,031.34 $5,984.55 VQS2 MH CLINICAL SPECIALIST-PROJECT $4,031.34 $5,984.55 VQBA MH CLINICAL SPECIALIST-UNLIC F $4,031.34 $5,421.71 VQ81 MH CLINICAL SPECIALIST-UNLIC-P F $4,031.34 $5,421.71 VQWE MH COMMUNITY SUPPORT WKR I F $2,442.43 $2,968.79 Public Employees Union, Local #1 Class &Salary Listing Effective October 1, 2005 Health Services Unit, (cont) Flex Staff(F)/ Class Code Class Title Deep Class (D) Min Salary Max Salary VQVB MH COMMUNITY SUPPORT WKR II F $2,678.02 $3,255.15 VQWD MH SPECIALIST I D- Res#91/311 $3,238.74 $4,340.21 VQW4 MH SPECIALIST I-PROJECT $3,238.74 $4,340.21 VQVA MH SPECIALIST II D- Res#91/311 $3,651.31 $5,159.20 VQV1 MH SPECIALIST II-PROJECT $3,651.31 $5,159.20 VQW6 MH VOCATIONAL COUNSELOR I-PRJ F $4,239.73 $5,153.42 VQV2 MH VOCATIONAL COUNSELOR II-PRJ F $4,774.63 $5,527.23 VSVG OCCUPATIONAL THERAPIST I F $4,571.08 $5,291.60 VSVH OCCUPATIONAL THERAPIST 11 F $4,741.65 $5,763.50 VSVK OCCUPATIONAL THERAPIST-PER DM $7,251.10 $7,251.10 VYWA PHARMACIST 1 $7,130.06 $8,253.94 VYTA PHARMACIST 11 $6,894.03 $8,798.72 VYWB PHARMACIST-PER DIEM $11,593.87 $11,593.87 VY9B PHARMACY TECHNICIAN $2,947.98 $3,583.29 VSVJ PHYS THERAPIST-PER DIEM $7,251.10 $7,251.10 VSVE PHYSICAL THERAPIST I F $4,571.08 $5,291.60 VSVF PHYSICAL THERAPIST 11 F $4,741.65 $5,763.50 VKW3 PUBLIC HLTH AIDE-PROJECT $2,345.27 $2,850.69 VMSC PUBLIC HLTH DENTAL HYGIENIST $3,802.22 $4,621.62 VMS1 PUBLIC HLTH DENTAL HYGIENIST-P $3,798.46 $4,617.05 VOWA PUBLIC HLTH MICROBIOLOGIST $4,648.67 $5,381.42 VVXA PUBLIC HLTH NURSE $6,201.60 $7,938.58 WX1 PUBLIC HLTH NURSE-PROJECT $6,201.60 $7,938.58 V9WB PUBLIC HLTH NUTRITIONIST $4,231.34 $5,143.22 VSVC RECREATION THERAPIST $3,723.98 $4,526.52 VIWA RESP CARE PRACTITIONER I F $4,022.98 $4,889.96 VIVA RESP CARE PRACTITIONER II F $4,923.45 $5,984.49 V4SE RISK REDUCTION SPECIALIST $4,544.01 $5,523.27 VQXC SENIOR MENTAL HEALTH WORK $4,341.69 $4,341.69 VSVD SPEECH PATHOLOGIST $4,333.10 $5,266.91 VSVL SPEECH PATHOLOGIST-PER DIEM $6,928.24 $6,928.24 VHNA SR CLINICAL LAB SCIENTIST $5,361.06 $6,516.40 VFVC SR CYTOTECHNOLOGIST $5,473.70 $6,653.31 V7VB SR DISEASE INTERVEN TECH D $4,446.09 $5,404.25 6CTB SR FORENSIC TOXICOLOGIST $6,225.61 $7,567.27 i Attachment M VMWE SR HEALTH EDUCATION SPEC $4,732.27 $5,752.10 VMW5 SR HEALTH EDUCATION SPEC-PRJ $4,732.27 $5,752.10 VQTA SR MENTAL HEALTH COUNSLR D-Res#91/311 $5,989.79 $5,989.79 VOTC SR PUBLIC HLTH MICROBIOLOGIST $4,884.61 $5,937.27 V9TE SR PUBLIC HLTH NUTRITION $4,653.28 $5,656.09 V8VA SR RADIOLOGIC TECHNOLOGIST F $4,972.44 $6,044.03 VHVC SUBSTANCE ABUSE COUNSELOR F $4,256.55 $5,173.87 VHWE SUBSTANCE ABUSE COUNSELOR TRN F $2,511.09 $3,052.25 VHV3 SUBSTANCE ABUSE COUNSELOR-PRJ $4,256.55 $5,173.87 VHTC SUBSTANCE ABUSE LD COUNSELOR $4,548.51 $5,528.74 VHT1 SUBSTANCE ABUSE LD COUNSELOR-P $4,548.51 $5,528.74 V5WF THERAPY ASSISTANT F $3,798.46 $4,617.05 V5WH THERAPY ASSISTANT-PER DIEM $5,452.06 $5,452.06 V8VD ULTRASOUND TECHNOLOGIST I F $5,168.21 $5,697.95 V8TB ULTRASOUND TECHNOLOGIST II F $5,132.51 $6,238.60 V4WC VECTOR CONTROL TECHNICIAN $2,701.99 $3,284.29 ATTACHMENT N PEU, LOCAL ONE LABOR COALITION—2005 NEGOTIATIONS Local #1 MOU Local#1 FACS Unit MOU AFSCME Local 512 MOU AFSCME Local 2700 MOU SEW Local 535 RANK&FILE MOU SEIU Local 535 SUPERVISORY MOU WCE MOU PDOCC MOU MEDICAL/DENTAULIFE INSURANCE ADJUSTMENTS Coverages Offered The County offers the following plans: Contra Costa Health.Plans (CCHP)A& B, Kaiser, HealthNet HMO, HealthNet PPO, Delta and PMI Delta Care Dental. Co-Pays Effective January 1, 2007 the co-pays will increase as follows: CCHP A: No change CCHP B: No change KAISER: $10 Office Visit $10 Generic RX _ $20 Brand RX 10 Emergency Room HEALTHNET HMO &PPO: $10 Office Visit _ $10 Generic RX $20 Formulary RX $35 Non-Formulary RX $25 Emergency Room Delta Dental Plan Enhancements Effective January 1, 2007 dental sealants will be provided to eligible dependent children in accordance with the provisions under the Delta Dental Plan. Life Insurance Effective January 1, 2007 increase coverage from $750.0 to$10,000 for employees enrolled in either a health and/or dental plan. The County shall provide the health and dental plans subventions as follows: HEALTH PLAN SUBVENTION: CCHP A: 98% CCHP B: 90% KAISER: 80% w.. , ATTACHMENT N PEU, LOCAL ONE HEALTHNET HMO: 80% HEALTHNET PPO: 2006 60.82%-The County and Coalition will equally share (50/50)the amount of any premium increases 2007 59.39% -The County and Coalition will equally share (50/50)the amount of any premium increases DENTAL PLAN SUBVENTION: Delta Dental/CCHP A/B 98% PMI Dental Care/CCHP A/B 98% Delta Dental 78% PMI Delta Dental 78% at 3 year rate guarantee Dental Only County pays all but$.01 ATTAr 0 LETTER OF UNDERSTANDING This letter will confirm agreements reached between CONTRA COSTA COUNTY EMPLOYEES ASSOCIATION, LOCAL 1 and CONTRA COSTA COUNTY through the recent meet and confer process pertaining to temporary and provisional employees. 1. Recognition. Contra Costa County Employees Association, Local 1 is the formally recognized employee organization for temporary employees, not including emergency appointments and retiree temporary appointments, who are employed by Contra Costa County in those classifications covered by the Memorandum of Understanding between Contra Costa County Employees Association, Local 1 and Contra Costa County. 2. Emergency appointments as defined in Section 809 of the Personnel Management Regulations, and retiree temporary appointments as provided for in Government Code, Section 31680.2, are not covered by this Letter of Understanding. 3. Agency Shop: a. All covered temporary employees, as specified in paragraph 1 above, shall either: 1. Become and remain a member of the Union and pay an agency shop fee of one percent (l.) of their regular pay to a maximum of tan dollars ($10.00) per semi-monthly pay period; or 2. Pay to the Union an agency shop service fee of the amount specified in "3al" above; or 3. Do both of the following: a_ Execute a written declaration that the employee is a member of a bonafide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. Pay a sum equal to the agency shop service fee specified in "3a2" above to a non-religious, non-labor charitable fund chosen by the employee from those listed in the Memorandum of Understanding between Contra Costa County Employees Association, Local 1 and Contra Costa County. b. No initiation fee or special assessments shall be required of these employees. C. The amount of the agency shop service fee shall not exceed ten dollars ($10.00) in any semi-monthly pay period. If the payroll service fee flat percentage deduction exceeds $10.00 on any semi-monthly pay period, the Union agrees to refund to the employee the excess amount. The timing and method of refund shall be the sole responsibility of the Union. RESOLUTION NO. 87/300 d. This agency shop service fee provision shall be effective on the June 10, .1987 payroll . 4. Agency Shop Deductions. a. A current temporary employee or a new temporary employee hired into a job class represented by Local 1 shall be provided through the County Personnel Department with an "Employee Authorization For Payroll Deduction" card. Said employee shall have thirty (30) calendar days to fully execute the authorization card of his/her choice and return said form to the County Personnel Department. b. If the form is not returned within thirty (30) calendar days, or if the Union reports than an agency shop fee has not been paid, the employee will be subject to his/her temporary appointment being ended by the Director of Personnel . C. The Union shall indemnify, defend and save the County harmless against any and all claims, demands, suits, orders, or judge- ments, 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_ d. The authorization of payroll deductions described in "4a"above 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. 5. Salary. a. Temoorary Hourly Rates. Effective May 1, 1987, for all classifications represented by the Union, the hourly rate paid temporary employees shall be the "1.00 hourly rate' calculated on the salary schedule by dividing the unrounded monthly salary .at any step by 173.33. b. Current Employees_ Effective May 1, 1987, all current temporary employees shall be placed at the salary step for their classification which is closest to their previous "1.05 hourly rate" (received by temporary employees in some classifications prior to May 1, 1987) or other previous rate. C. New Employees. Except as otherwise permitted in deep class resolutions, temporary employees hired on or after May 1, 1987 shall generally be appointed at the minimum step of the salary range established for the particular class to which the ap- pointment is made. However, the Director of Personnel may authorize an appointing authority to make a particular temporary appointment at a step above the minimum-of the range. -Z- RESOLUTION NO. 87/300 '! .. �. t r 6. Salary Increments Within Range. a, Increment Eligibility and Salary Review_ Effective May 1, 1987, all temporary employees shall begin accumulating a record of straight time hours worked for the purpose of a salary review to determine whether the employee shall be advanced to the next higher step, or other step as specified by deep class resolutions, in the salary range for the classification. Advancement to a higher step shall be granted only on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend i granting the salary increment or unconditional denial of the increment. b. Frequency of Increments. Increments within range shall not be * granted more frequently than once per every 2080 straight time hours worked by a temporary employee. C. Effective Date. Step increases resulting from an approved salary review shall be effective the first of the month following completion of 2080 straight time hours worked and return of the salary review report to the Personnel Department. d. New Emoloyees_ Temporary employees hired on or after May 1, 1987 at step 1 of the salary range for their classification will be eligible for a salary review as described in "6a" above after completion of 1040 straight time hours worked; additional salary reviews will be after the cumulation of an additional 2080 straight time hours as described in "6b" above. e_ No provision of this section shall be construed to make the granting of salary increments mandatory in the County_ 7. Paid Time Off. a. Effective May 1, 1987, temporary employees shall begin accumulating a record of straight time hours worked. b_ Based upon the accumulation of straight time hours recorded ("7a" above), effective the first of the month following completion of each 2080 straight time hours worked, the temporary employee shall be credited with forty (40) hours of "paid time off Forty (40) hours paid time off credit is the maximum amount an employee may have at any time. C. Use. Paid time off (PTO) shall not be taken until "credited" ("7b" above) after completion of 2080 straight time hours worked. PTO shall be taken by an employee only with the approval of his/her supervisor. -3- RESOLUTION NO. 87/300 t d_ Paid off at Separation. If a temporary employee terminates his/her County employment (separates from County service), the employee shall be paid all currently "credited" PTO hours (07b" above) and, in addition, shall be paid off for that portion of PTO hours earned but not yet credited on , the basis of that portion of the 2080 straight time hours worked (STHW) cumulation. The formula for the earned but not credited payoff is: STHW divided by 2080 multiplied by 40 multiplied by the current hourly pay rate at separation. e. Appointment to a Permanent Position. If a temporary employee is appointed to a permanent position, the "credited" PTO hours and the earned but not yet credited PTO hours, as described in 07d" above, shall be converted to "VACATION" hours and subject to the MOU provisions relating to VACATION. Paid Time Off Credit for Current Emolovees. All current employees who are still employed on or after May 1, 1987, as evidenced by having worked and been paid on the May 25 payroll , shall be given paid time off credited under the following conditions and calculated as follows: 1. Straight time hours worked from January 1, 1986 through April 30, 1987 shall be totalled. 2. If an employee has worked 1040 hours during that period, thereafter he/she will earn four (4) hours PTO for each 173.33 straight time hours worked to a maximum of twenty (20) PTO hours. 3. PTO calculated above shall be credited to the employee's PTO account on the June 10, 1987 payroll. 4. Beginning June 16, 1987, the employee will be eligible to use the credited PTO with the approval of his/her supervisor. 8. Provisional Employees. Contra Costa County Employees Association, Local 1 is the formally recognized employee organization for all provisional employees appointed by the County from "outside County service" in classifications covered by the Memorandum of Understanding between the County and the Union. The provisional employee will continue to receive the salaries and benefits provided in the MOU for provisional employees. Provisional employees shall be covered by the agency shop provisions of the Memorandum of Understanding applicable to permanent employees, effective with the June 10, 1987 payroll, with the exception that provisional employees shall not be required.to pay any initiation fee or special assessment fee- -4- resolution no . 87/300 9. Grievance Procedure_ Temporary and provisional employees covered by this Letter of Understanding may grieve only alleged violations of the specific terms and conditions specified in this Letter of Understanding_ 10. This Letter of Understanding is subject to meet and confer effective July 1, 1987. If the foregoing conforms with your understanding, please indicate your acceptance and approval in the space provided below. Date By: By. i ! (Organization) Contra Costa County P,ZSOLUT J;ON NO. 8 7/3 QO -5- r ATTACHMENT P ® CONTRA COSTA COUNTY Department of Child Support Services 0 Supporting Linda M. Dippel, Director California's 50 Douglas Drive, Suite 100 Children Martinez, California 94553-6507 Phone: (925) 957-7300 Fax (925) 335-3636 Roland Katz, Supervising Business Agent Public Employees Union Local # 1 PO Box 222 Martinez, CA 94553 Re: Modification of Make-up time Dear Mr. Katz: This will confirm that I have agreed to modify the current make-up time hours. The current make-up hours are 7:30 AM to 5:30 PM. The new hours available for make-time will be 7:00 AM to 5:30 PM. With the acceptance of this Agreement, and with advance management approval, Local 1 bargaining unit members may make-up time on workdays between 7:00 a.m. and 5:30 p.m. The parties agree to the existing provisions of the DCSS Policy on Make Up Time, dated July 19, 2002, which is attached. This Policy permits departmental employees to make up a maximum of one(1)hour of their work time per week. When employees report to work between 7:00 and 7:30 a.m. they must immediately notify the Supervisor/Manager on duty that they are in the building. Email notification is preferred, but personal notification is a back-up option. If the State of California requires DCSS to have specific work hours during the life of this agreement, the County will meet and confer with Local# 1 regarding office work hours. ,. Dated - / - ' Dated ('Lindh M. Dippel, Director ' . Pub is 1 s Local #1 Contra Costa County i Dept Child Support Services ATTACHMNT Q COUNTY PROPOSAL NO. 4 2005 County—Local One Negotiations Presented: August 10, 2006 Side Letter: PUBLIC EMPLOYEES UNION LOCAL# 1 ATTENDANT-LVN-AIDE UNIT PROPOSAL AUGUST 10, 2006 Attendant-LVN-Aide Unit Career Advancement Program The Health Services Department will establish a career advancement program for Certified Nursing Assistants, Certified Medical Assistants, Licensed Vocational Nurse and Psychiatric Technicians for the purpose of obtaining a license in the classification of Psychiatric Technician, License Vocational Nurse or Registered Nurse. The County will provide employees who are enrolled in an approved education program to obtain such a. license with an amount of money to be determined to help pay for tuition or other fees for such a program. The County will forgive repayment of the money advanced if the employee is employed by the County in the classification for which the employee obtains the license. The forgiveness will be on a graduated scale based upon the amount of time the employee is employed by the County in the classification for which the employee obtains the license. The parties shall meet regarding the implementation of this program no later than October 1, 2006. Date: —r FOR THE COUNTY: FO HE LOCAL ONE: w y J i u Page 1 of 1 ATTACHMENT R Revised COUNTY PROPOSAL NO. 1 2005 County—Local One, Library Negotiations Presented: July 13, 2006 SIDE LETTER OF AGREEMENT LIBRARY UNIT— PERMANENT INTERMITTENT The following agreement applies to all Permanent Intermittent employees. app danuaFy 1,2001. 1. The County agrees to make every effort to fill all existing Permanent Intermittent vacancies. 2. Permanent Intermittent employees will be notified before being employed that they must agree to be available to work at least 290 240 hours per year, and must be available to work no less than si* seven (6-71 Sundays per year. 3. If the Library Department does not offer the agreed-upon 480 hours to the individual, the requirement to work 290 240 hours is waived. 4. The annual tracking of hours and Sundays shall be on a calendar year basis. If a Permanent Intermittent employee is hired after January 1, the requirements for available Sundays, and hours worked and offered, will be prorated as of the hire date, unless the period remaining in the year is less than one month, in which case the period for administering the P.I. tracking hours agreement shall begin the first of the upcoming year. 5. Permanent Intermittent employees shall be entitled to designate specific geographic availability at no fewer than six sites. Offers outside the designated area will be waived. 6. All substitute job hours shall be listed in Subfinder. All Permanent Intermittent employees must be registered in Subfinder. 7. The PI employee shall be entitled to designate in advance, in March of each year, specific days not to exceed 45 days when he/she is not-available for assignments. Jobs offered during those periods shall not count toward the 480 hours offered by the Library. Not withstanding the above, PI employees are entitled to Leave provisions of the MOU. 8. An offer is defined as a formal offer of work and is a minimum of four hours or more unless the employee accepts fewer hours. 9. If a P.I. employee is offered and accepts an assignment and such assignment is later canceled by the department, the employee shall be credited with hours worked. Page 1 of 3 Revised COUNTY PROPOSAL NO. 1 2005 County—Local One, Library Negotiations Presented: July 13, 2006 Amend Side Letter regarding Library Unit- Permanent Intermittent Employees Date: A-6C-.' For a CounFor Local O e- Library Unit: Descriptive Page 3 of 3 ATTACHMENT S F robation Departmentr Lionel D.Chatman Contra Administrative Offices Chief Probation Officer 50 Douglas Drive, Suite 201 Costa Martinez, California 94553-8500 County 75)313-4180 ,X(925)313-4191 2j 0.A k v p K OBaT In Custody Intake Unit All Intake Probation Officers assigned to a 24-hour Institution on or after September 1, 2006 shall observe holidays as specified in the MOU section 12.1. Each full-time Intake Officer shall accrue two hours of personal holiday credit per month. Intake Probation Officers assigned to a 24-hour Institution on August 31, 2006 shall, in addition to those holidays specified in Section 12.1a, celebrate Admission Day, Columbus Day, and Lincoln's Day as holidays, but shall not accrue the two (2) hours per month of personal holiday credit referenced in Section 12.1 b. Intake officers in this category will continue to work any holiday that falls within their normal assigned work schedule. This agreement is nullified upon transfer from the in-custody Intake Unit. Holiday coverage in a 24-hour institution will consist of one Deputy Probation Officer. If a holiday is not covered by an Intake Probation Officer assigned to the unit on or before September 1, 2006, the Supervisor will assign a deputy to work the holiday as stated below. Selection of Holiday Schedule: The Probation Supervisor assigned to the Intake Unit, will post the holiday calendar for the following year by November 1St of each year. Deputies assigned to the Intake Unit will indicate which holidays fall on their normal shift pattern. The deputy will then rank the holidays previously marked in order of preference, and submit their list no later than November 10th. The Supervisor will list the deputies in order of series seniority and award the most senior employee with their first selection. The supervisor will continue down the seniority list, awarding the next most senior employee with their highest preference not yet selected. This system will continue until all Intake Deputies have been given their highest available preference. The pattern will continue, but with the Supervisor taking into account remaining holidays and shift patterns. All holidays must be covered, and adjustments may need to be made to accommodate schedules. After all holidays have been assigned; the deputies will be informed of their holiday work schedule by November 20. There will be a two-week appeal period. Once the holidays have been assigned, it is expected that the employee will work the shift. If unforeseen circumstances arise and a holiday shift is open, the Unit Supervisor will request volunteers to cover the shift. Volunteers will be selected by series seniority on a rotational basis. Efforts will be made to distribute holidays evenly throughout the year. If no one is willing to work a holiday, the Unit Supervisor will determine which deputies are normally assigned to that workday and will assign the least senior deputy to work. Attachment S If the foregoing confirms your understanding of the agreement reached, please sign below. Date: g -� 3•v!� FOR THE COUNTY: FO O L ONE: ._.._ Page 2 of 2 W1111AM B.WALKER,M.D. -_ HEAI.11i SERVICES DIRECR7R h k Attachment T SHELLEYPIGHIN PERSONNEL SERVICES &r.. PERSONNELOFFICER 1320 Arnold Drive,Suite 261 G O N T VA C 3Q V-1 Martinez,California 94553-6537 H SERVICES Ph(925)957.5240 V—foil.%O[7_clG ISW Reassignments/Bids August 31, 2006 The County shall post a bid by Department for any'position in the ISW series for which the incumbent has provided written documentation that he/she will be on a leave of six (6) months or more. The notice shall include all the information set forth in the MOU regarding the bidding process and shall state that the assignment is temporary. Interested employees shall submit a bid notice and the position shall be temporarily filled using the Rule of Three. If the position subsequently becomes vacant, it will be filled following the bidding process outlined in the MOU. Date: September 13, 2006 FOR THE COUNTY: FOR PEU LOCAL 1: d 0- AIR-ear Y J-W 54 44 r ,,yt � Sy� ._ *" {ti�y3 E.� " Ex3 a; 'r -� "'N z rb' r .: . . y •. - "� -a� � r - �`"� . '` x�''a'3,�g��Y# - �:s�k c� �'� k int�F.M.`,' l'.L.. ` ,• Contra Costa Alcohol&Other Drug Services•Contra Costa Emergency Medical Services•Contra Costa Environmental Health•Contra Costa Health Plan Contra Costa Harardom Materials Progmns•Contra Costa Mental Health•Contra Com Public Health•Contra Com Regional Medical Center•Contra Costa Hulrh Centers ATTAUHMENT U Contra Human Resources Department Costa Administration Building County 651 Pine Street,Third Floor Martinez, CA 94553-1292 (925)335-1770 Lori Gentles Assistant County Administrator Director of Human Resources January 26, 2006 Contra Costa Labor Coalition Re: Healthcare Coalition Notice of Changes Dear Members of Labor Coalition: The County agrees to make a good faith effort to notify the Health Coalition and Labor Management Committee(s) of relevant changes that are not subject to meet and confer, but which fall within the topics of discussion by the Health Coalition Committee. The County shall continue to meet and confer with labor organizations on matters which are within the scope of bargaining at the organization's request. Sincerely, Francine Cronin Assistant Director of Human Resources Cc: Rollie Katz, Supervising Business Agent PEU, Local One Jo Bates, Business Agent,AFSCME, Local 2700 Brenda Wood, Business Agent, AFSCME, Local 512 Dr Stephen Daniels, Physicians' & Dentists' Organization of Contra Costa County Adelina Huerta, President, Western Council of Engineers Michael Weinberg, Senior Field Representative, SEIU Local 535 ATTACHMENT V Tentative Agreement LABOR PROPOSAL NO. 21 2005 COALITION NEGOTIATIONS Presented: August 3, 2006 LOCAL #1 MOU LOCAL #1 FACS UNIT MOU AFSCME LOCAL 512 MOU AFSCME LOCAL 2700 MOU WCE MOU PDOCC MOU Incorporate Deep Class and Flexibly Staffed Resolutions For all affected labor organizations, the County shall identify in the MOUs which classes are subject to a Deep Class or Flexibly Staffed Resolution and identify the resolution by number. Date: 3 110� FOR THE COUNTY: FOR THE COALITION: �A t ri Page 1 of 1 ATTACHMENT W SIDE LETTER 2005-2006 COALITION NEGOTIATIONS Presented , 96 LOCAL#1 MOU LOCAL#1 FACS UNIT MOU AFSCME LOCAL 512 MOU AFSCME LOCAL 2700 MOU SEIU LOCAL 535 RANK & FILE MOU SEIU LOCAL 535 SUPERVISORY MOU COALITION SIDE LETTER Section A. MANAGEMENT/LABOR COMMITTEE Local 1, SEIU 535, AFSCME 2700, AFSCME 512, and County agree to establish a Management Labor Committee, hereinafter referred to as "Committee", to meet on issues pertaining to temporary and contract employees, student interns/workers, and agency temporary employees ("temporary employees"). The Committee's duties and structure shall be as follows: 1) Committee membership shall consist of four(4) County Managers, and four(4) Union RepresentativestBusiness Agents. Such managers shall be at the level of Department Head or designee; any designee shall be at the Assistant Director or Deputy Director level. 2) The Committee shall agree on rules and policies that will govern the committee's work and procedures. 3) Committee meetings will begin September 1, 2006 (or thFee FROF1# 5 fteF upon ratification of MOU whichever occurs W later), and continue until March 31, 2008, 4) The Committee shall review the current use of temporary employees including department practices, County policies and applicable Memoranda of Understanding in an effort to develop recommendations to the Board of Supervisors on the future use of temporary employees, including converting such employees to permanent positions, establishing or ending funding for such positions within recommended timelines. 5) In the event the Committee determines that it is necessary to meet and confer to make changes to current memoranda of understanding, County polices, or department practices, Section B below shall apply. 6) As a good faith effort on the part of the County, the Board of Supervisors agree to direct the County Administrative Officer(CAO) to review employees in a.temporary status taking into account budget considerations, length of service, program needs and other relevant factors, and make recommendations to the Board for the conversion of the equivalent of ten (10) FTE temporary employees to the equivalent of ten (10)full time permanerd positions effective no later than December 31, 2006. The CAO shall submit the equivalent of additional ten (10) FTE temporary employees to the Board for conversion to the equivalent of ten (10) full time permanent positions effective no later than July 1,.2007. Page 1 of 2 ATTACHMENT W SIDE LETTER 2005-2006 COALITION NEGOTIATIONS Presented July 31, 2006 7) The Committee shall produce a report on their findings and agreed upon recommendations along with time frames for implementation of any changes upon conclusion of their work, and submit such report to the Board of Supervisors for approval, no later than the expiration date of the MOU. Section B. MEET AND CONFER OBLIGATIONS 1. In the event the Committee needs to change_ or modify Memoranda of Understanding, County policies subject to meet and confer requirements, or established past practices, the County and participating unions shall meet and confer regarding the changes. 2. Any modification to the existing MOU must be agreed to by the parties and subject to each union's ratification process and must be approved by the Board of Supervisors. 3. If agreement cannot be reached, a mediator may be used in an attempt to reach agreement. Section C. LOCAL 1 MEET AND CONFER OBLIGATIONS 1. The county and Local 1 agree to meet and confer regarding Section 53, Subsection A Temporary Emolovees. Such meetings shall begin October 1, 2006. Section D. LOCAL#1 WITHDRAWAL of GRIEVANCES AND RELATED ACTIONS Local #1 agrees to withdraw without prejudice all pending grievances and any other related actions that involve the County's use of temporary employee upon adoption of this agreement by the Board of Supervisors. This letter of agreement shall terminate automatically on o (expiration of the MOU) unless specifically renewed in a new successor MOU between th6 Cbunty and Union. . Date: �0 FOR THE COUNTY: FOR TH COA.Lf N: ' ' y Page 2 of 2 �� % ATTACHMENT X CONTRA COSTA COUNTY RETURN TO WORK POLICY FOR INDUSTRIAL INJURY OR ILLNESS I. POLICY: Permanent employees who have suffered industrial injuries and illnesses may be provided with such restricted duty as the County is able to provide as soon as medically appropriate. A. Covered employees must have an accepted Workers' Compensation claim. Probationary employees, project, contracted, seasonal, agency temp, temporary, and employees working less than 20 hours a week are not covered by this policy. B. A restricted duty assignment may be provided within the County's capacity, consistent with restriction(s) recommended by the treating physician. Should any disagreement exist, the County will follow California State law. Restrictions from the physician must be in writing on the county form AK 142 or on the physician's letterhead. C. Employees performing in a restricted duty assignment will continue to receive their regular pay and benefits for hours actually worked. Pay and benefits will be prorated in the case of part-time work, subject to MOU provisions and salary regulations. D. Current department practices and applicable state and federal laws regarding return to work procedures and restricted duty for certain employees who are exempt from this policy (i.e., non-industrial illnesses or injuries and probationary employees), will continue and are not subject to this policy. 11. OBJECTIVE: The objectives of providing work for temporarily industrially injured employees through restricted duty are to reduce disability and Workers' Compensation costs, maximize productivity, minimize the loss of human resources and promote full and prompt recovery with the return of the employee to productive employment. Ri III. SCOPE OF POLICY: All departments and Board-governed agencies which are part of the County retirement system (excluding the Contra Costa County Fire Protection District and East Contra Costa Fire Protection District safety employees, Sheriff's Office and D.A. investigators safety employees, Housing Authority, , and In-Home Supportive Service providers) are subject to this Return to Work Policy. 1 IV. GENERAL BACKGROUND: A restricted duty assignment is a temporary assignment provided to a temporarily industrially disabled employee. Restricted duty may be for less than regular full-time work, but no less than 4 hours per day. A. A temporarily industrially disabled employee with an accepted Workers' Compensation claim shall return to a restricted duty assignment that is not inconsistent with restrictions recommended by the employee's treating physician or Qualified Medical Examiner (QME), if applicable. B. A Department shall, whenever feasible, temporarily restrict the duties of an employee in order to conform to restrictions recommended by the treating physician for a cumulative maximum of six months per injury with a review after three (3) months or sooner, if appropriate. At the end of the six month period, the employee shall undergo a medical review to determine whether a full duty work release is possible. If full release is not possible, the employee shall be referred to the Risk Management ADA Coordinator and/or the Return to Work Committee for evaluation C. In the event that an employee disagrees with the Department Head's decision concerning a light duty assignment, he/she may appeal that decision to the Risk Manager within 15 calendar days. The subject of the appeal shall be heard at the next regularly scheduled Return to Work Committee. The Return to Work Committee may affirm, reject or modify the Department Head's decision. The following factors shall be considered by the Return to Work Committee when considering an appeal: 1. The restrictions recommended by the employee's treating physician or QME, if applicable; 2. The operational and financial needs of the department; and 3. The availability of a suitable work assignment. Either party may appeal the Committee's decision in writing to the Director of Human Resources or his/her designee within 15 calendar days of the Committee's decision. V. RESPONSIBILITIES: A. Departments The principle responsibility for implementing the Return to Work Policy rests with the appointing authority. Departments will also: 2 1. Complete and submit an injury report for industrial injuries and illnesses on a timely basis. 2. Appoint a Department Return to Work Coordinator to administer the department's compliance with the Return to Work Policy under the direction of the department head. The Department Return to Work Coordinator shall review restricted duty assignments and make recommendations to the department head regarding adjusting, extending or terminating the restricted duty in accordance with the operational and financial needs of the department and consistent with the employee's medical restrictions. The Department Return to Work Coordinator will document and monitor all limited duty assignments. They will also maintain a centralized record of all assignments. 3. Infocom department employees of the Return to Work Policy. 4. Implement restricted duty assignments for temporarily industrially disabled employees as soon as medically appropriate, operationally feasible, and when a suitable assignment is available. 5. Coordinate with Risk Management regarding an individual employee's restricted duty assignment. 6. The Risk Management Department shall provide the Health Coalition quarterly reports of the number of requests for ergonomic evaluations, the number of evaluations performed, and the actions taken based on those reports. The County shall meet with the Health Coalition upon the Coalition's request to review such reports and to discuss ergonomic issues. B. Employee A temporarily industrially disabled employee shall: 1. Notify the department of an industrial injury or illness in accordance with Workers' Compensation regulations. 2. Seek prompt medical care through the County's Occupational Medical Program or through a properly pre-designated physician in accordance with the law. The employee shall obtain needed medical information from the physician and provide that information to the County. (Physician's Statement of Ability to Work, AK142, see attachment 1). 3 3. Accept an appropriate available restricted duty assignment within or outside the employee's department if one is offered. A restricted duty assignment must be consistent with limitations recommended by the employee's. treating physician or QME, if applicable, and must be approved by the Department Return to Work Coordinator. If an employee is assigned to a restricted duty assignment outside of their department, a supervisor in the department providing the restricted duty assignment shall supervise the employee. The employee's home department is required to pay the employee's regular salary. 4. A department head has the authority to temporarily restrict the duties of an employee in accordance with this policy. 5. Failure of an employee to accept an offer of a medically appropriate restricted duty assignment will result in the denial of temporary disability benefits pursuant to Workers' Compensation law. C. County Return to Work Coordinators The County Retum to Work Coordinators shall: 1. Work at the direction of the Risk Manager. 2. Assist departments in identifying and developing suitable restricted duty assignments. 3. Assist departments in resolving questions regarding work restrictions and restricted duty placements. 4. Provide, as necessary, counseling and other services to employees placed on restricted duty. 5. Assist in finding restricted duty assignments outside of the home department, if the home department cannot provide restricted duty. The home department will provide the salary of the employee. 6. Coordinate the . appeal process for employees regarding restricted duty. D. Return to Work Committee The Return to Work Committee shall hear appeals under the Appeal Procedures as described in Section IV (C)-General Background above, and make recommendations to the department. In the event a department does not grant a restricted duty assignment requested by an employee or a requested extension of an existing restricted duty assignment, the 4 employee may appeal to the Return to Work Committee. The Committee shall hear the appeal and make a recommendation to the department head. C. Risk Manager The County Risk Manager shall: Oversee the administration of this policy and provide ongoing education of department heads, managers, and departmental return to work coordinators concerning this policy. VI. DEFINITIONS: A. Restricted Duty: A temporary work assignment provided to a temporary industrially disabled employee who cannot perform her/his regular job duties for a specific period of time. The temporary assignment is provided while an individual is recuperating from an industrial injury or illness. An employee will be assigned to restricted duty within their primary department whenever possible. If no assignment can be located within the employee's primary department, the County will make reasonable efforts to locate a comparable position in another department. Restricted duty is only available to a person who is expected to return to her or his regular job duties. If an employee is on a discretionary 9180 or 4/10 work schedule and is returning to restricted duty assignment on a part-time basis, the 9/80 or 4/10 work schedule shall be revoked. Pay for restricted duty shall be the same salary and benefits of the employee's regular position, provided however, that shift and other pay differentials will only be paid for the first thirty (30) days of restricted duty unless the employee qualifies for pay differentials. B. County: For the purpose of this policy the term °County" includes Contra Costa County and agencies governed by the Board of Supervisors, which are part of the County's retirement system, excluding Contra Costa County Fire Protection District and East Contra Costa Fire Protection District's, Sheriffs Office and D.A. Investigators' safety employees, Housing Authority, and In-Home Supportive Service providers. C. Departmental Return to Work Coordinator. The individual appointed by the department head to administer the County's Return to Work policy. The person appointed by the department must have some knowledge of personnel rules and regulations, Memoranda of Understanding and disability benefits that an employee may be entitled to receive, i.e., SDI, LTD, FMLA,'retirement 5 D. Employee's Treating Physician: The treating physician or Qualified Medical Examiner (QME) as defined by Califomia Workers' Compensation laws. Treatment shall be reasonably required and consistent with Workers' Compensation guidelines and existing State law. E. Return to Work Committee: The Committee shall be composed of a pool twelve (12) members consisting of six (6) County employee members appointed by the County Administrator and six (6) County employees appointed from the three (3) largest employee organizations in the Labor Coalition. Each member of the committee must commit to attending at least two committee meetings each year. Two members appointed by the County Administrator and two members appointed by the employee organizations must be present in order to constitute a quorum. F. Risk Manager: The person designated by the County Administrator to serve as Risk Manager. G. County Return to Work Coordinators: The person designated by the County Risk Manager to serve as an Employee Return to Work Coordinator who shall perform the duties set forth in V(C). Date: 3 d FOR THE COUNTY: FOR-.THE COALITION: 6 ATTACHMENT Y TO'd X101 WILLIAM L10ElL B.wAnrt D. 5ExwtEs PERSONNEL SEKVICES HenuH Dnrerrm SHEII,ay PicmiN Pexson�t OFFloEp 1320 Arnold Drive,Suite 261 Martinez,California 94553.6537 CONTRA COSTA ax(925'957-5240 Fax 1425?8575260 Fax-Disability/Medical(9Zy�gS7-5270 HEALTH SERVICES August 30, 2006 Bill Schlant Public Employees Union, Local One P.O. Box 6783 - Concord, CA 94524 Dear Mr. Schlant: This is to confirm that Health Services and Local One met and conferred on April 13, 2006 regarding the floating horiday status of the Mental Health Clinical Specialist (VQSB) and the Mental Health Clinical Specialist— Unlicensed (VQ8A) assigned to Psych Emergency Services. At that meet and confer we agreed that the floating holiday status of these classifications would be changed to that of the 3 additional holidays per year to be consistent with the rest of the Hospital staff, and with the Local One Memorandum of Understanding. Please confirm our agreement on this issue by signing below. S' e elley Pi in Health Services Personnel Officer I&Lhla6 Agent, Local One August 30, 2DO6 �_ % • Come Costa Alcohol and Other Drugs Services • Cama Costa Emergency Medrol Services • Coma Costa Ernntonrnwrcal Health • Coma Costa Health Pan • Contra Costa Hazardous kweda6 Praarams•Cama Costa Mental Health• Contra Costa Pubic Heakh • Cortin Costa ReoTonal Medretd Cerner•Contra Costa Heath Cvars • ra•,.t Ot47CJ.CZAC:1A 13NNOS83d f1a3S H111:13H SS:ZT 9602-ST-d3S EXHIBITS (INFORMATIONIREFERENCE ONLY) L Health Services Department Personnel Services OFFICE OF THE URECTOR ,,,�,�;-- 597 cuter rllverxK Suite 260 (510)313-6600 April 1, 1992 Henry Clarke General Manager CCCEA-Local fl P.O. Box 222 rt Mainez, CA 94553 Dear Mr. Clarke: This is to confirm that the Personnel Committee formed to review the current classification structure of the Alcohol and Drug Programs, as Well as other merger related issues, is preparing their report and recommendations to be presented to the Health Services Director_ The issue of lead workers which you raised during general negotiations Ath the A/DA/14H unit is being addressed in the merger structure_ The County will meet and confer . with Local 91 on resulting classification recommendations at the appropriate time Sincerely, 4 lx�rv-- Loins Ellison, Health Services Personnel Officer LE:SP:lp SE�t Health Services Department Personnel Services OFFICE OF THE DIRECTOR ��Y 597 Cerder Averw—Suite 20 1 _ __ CZ 945S3-26W (510)313-6600 April 1, 1992 Henry Clarke General Manager CCCEA-Local #1 P.O. BOX 222 Martinez, CA 94553 Dear Mr. Clarke: On November 1, 1991 the GA (General Assistance) Alcohol Program was geographically separated form the DUI Alcohol Program staff at Hilltop in Richmond and moved to Martinez. Although other staff were oriented to the urinalysis machine on a voluntary basis prior to November 1, 'a91, only one Alcohol Rehab Worker in the GA Program is currently nducting urinalysis. DUI staff will not be required to perform urinalysis testing at this time. Sincerely, Lois Ellison Health Services Personnel Officer 400 LE:SP:lp ^410 Wnm Health Services DepartMent Pemnnel Services OFFICE OF THE DIRECTOR Ad Q isUVG"Olrioes �L.. •_ 597 censer A%wwp^—Sucre 260 �.... '_ Martinez Cardw"94553-2658 (5101313-6600 April 1, 1992 Henry Clarke, Gen. Mgr. CCC Employees Assn. Local #1 P.O. Box 222 Martinez, CA 94553 Dear Mr. Clarke: This letter is to confirm the Health Services Department's willingness to consider formation of a Professional Standards Committee for the Pharmacists, pending receipt of your suggestions as to how this can be accomplished including proposed composition of the committee and proposed time and frequency for meetings to be scheduled. Sincerely, _ Lois Ellison Health Services Personnel Officer LE:mk Contra Personnel Department Costa �- �. Administration Bldg. 651 Pine Street 'County Martinez.California 94553-1292 DATE: March 10, 1992 TO: Department Heads Y FROM: Harry D. Cisterman, Director of Personnel SUBJECT: Employee Discipline An issue has come up at the bargaining table concerning the timeliness of disciplinary actions_ Frequently several months elapse between the date the event occurred for which the employee is being disciplined and the imposition of the discipline_ There is a great deal of stress associated with disciplinary actions for both the employee, the employee's family and quite frequently the employee's supervisor- Sound management practice dictates that disciplinary action should not be delayed any longer than absolutely necessary- By acting expeditiously, you can significantly ease the burden of all those involved- and also maximize the productivity of the work unit- Every effort should be made to process disciplinary actions within 45 days of the violation of the agreement, rule, policy or law that precipitated the action_' Obviously, if the situation requires a lengthy, complex investigation, delays may be unavoidable- HDC CC: Phil Batchelor, County Administrator Board of Supervisors l biic Defender Contra ,��.,,, ;oud Street Costa H- ►eth oar Cardomia 94553-1297 •ro.s.,e„�„- � .2481 County Wu T Egan.j,. les H.James .+, w4 Bruce s1,w,;,, Oelercw Cow-ON 04"'m April 3 , 1992 Henry Clarke, General Manager Contra Costa County Employees Assn. Local No. 1 P.O. Box 222 Martinez, CA 94553 Re: Book Fund - Public Defender Investigators Dear Mr. Clarke: Please be advised that in lieu of a book fund for individual Public Defender Investigators, the department will accept requests for books on a case by case basis- The department head will determine if the request should be honored based on the subject matter and relevance to the job, the need for the book -as a resource to the department and budget constraints_ Any books obtained will become the property of the department and will be ordered by the department through the . Purchasing Department. Unless specifically approved by the department head, investigators' employee demands for reimbursement for books purchased by an investigator will not be honored- very trul onored_verytrul our , Sanford D. Hoffman Administrative Officer SDH:mm cc: Joe Fleischmann, Personnel Department�/' Ac County Library Contra %?W Oak Fla"`BouW a`dCosta Oft-:saM KdL Cafitomia 94523-4497 l251 646-6461 � County ' April 14, 1992 �;; '; P S. - Public Employees Union - Local #1 Aun_ Henry Clarke, General Manager P.O. Box 222 Martinez, CA 94553 Dear Mr Clarke: This coniums the understanding reached in out recent meetings regarding the, following issues concerning classes represented by the Library Unit of Local One: 1_ Job Classification Review: Library Administration is presently reviewing library job classifications- Within 30 days of completion of the review the library will meet and confer with the Union on the minimum qualifications and salary of new classes and on any proposed changes in the minimum qualifications in current classes represented by the Union. If the County wishes to add duties to classes represented by the Union, the Union shall be notified and upon request of the Union representative the County will consult with the Union over such duties. 2- Changing mays Off-_ Library Administration agrees to authorize branch librarians to change two employees schedules if both agree to the change- An example of this would be if two Library Assistants were to want to trade their days off during a given week,the branch librarian(s)would have authorization to make such change. An L.A. at one branch who was scheduled to be off on Friday could trade schedules with an L- A. at another (or at the same) branch who was scheduled to be off on Saturday. Library Administration will not agree to the provision of substitutes for inter-branch switches. 3. Schedule Changes: Library Administration agrees to allow branch librarian to make changes to an employee's schedule as Iong as, in the supervisor's opinion, the change does not adversely affect public service, that is, as long as staff availability during open hours or programs is not diminished by the change. Library Administration will not agree to the provision of substitutes for these changes. 4- Religious Holidays: The library agrees to make every effort to accommodate vacation requests on religious holidays. 5. vacations: .Library Administration agrees to meet with staff to discuss a substitute budget for 1992-93 that will include provision for overlapping vacations. Library Administration will meet and confer on any new vacation policy. Henry Clarke Page 2 April 14, 1992 6. LPAC: Tine library agrees to continue LPAC for the duration of the MOU. LPAC is to meet at least quarterly or more often by mutual agreement of Union and management Library Adn iribAration will discuss any proposed changes in the frequency_ of LPAC meetings with LPAC members before a decision is made. 7. Review of Staffing Levels: Literary Administration is reviewing staffing levels and will keep staff advised as to progress. 8. Saturday Work - Following Christmas (1992) and New Years Day (1993): Employees woring on th-- Saturday ollov.ing Chji tr«ass 1992 and on the Saturday followiag New Year's Day`(1993) will be compensated at one and one half(1-1R) times the employee's base rate of pay (not including shift and other differentials). Sincerely, CA� i ANNE MARIE GOLD County Librarian