HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-1048 IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
1981-1983 Compensation for Employees
in Units Represented by United Clerical RESOLUTION No. 81/1048
Employees, Local 2700, AFSCME, AFL-CIO
The Contra Costa County Board of Supervisors RESOLVES THAT:
1. On September 8, 1981, the Employee Relations Officer submitted the
Memorandum of Understanding dated September 4, 1981, entered into with United
Clerical Employees, Local 2700, AFSCME, AFL-CIO, for the following units
represented by the Union:
General Clerical Services Unit
Supervising Clerical Unit
2, This Board having thoroughly considered said Memorandum of Understanding,
the same is approved.
3. Salaries and Terms and Conditions of Employment, United Clerical
Employees. The Memorandum of Understanding with United Clerical Employees is
attached hereto, marked Exhibit A, and Section Numbers 1 through 54 inclusive
and Attachments A and B are incorporated herein as if set forth in full and
made applicable to the employees in the above-named units.
4. If an Ordinance(s) is required to implement any of the foregoing
provisions, the Board of Supervisors shall inact said Ordinance(s).
5. This Resolution is effective as of July 1, 1981,
PASSED ON September 8, 1981, by the following vote of the Board:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, and Powers.
NOES: None.
ABSENT: None.
1 certify that thin Is a full, b,no & norreCt copy of
the original docuruent.�x Wvh I.., on fl},-, in fur ortice,
and that it was nawse,t A5 adnPtrri by tirn no,,vd of
Supervisors of C:ontrn t,,wta C;uunty. C.a.lifornia, ou
the date Awvn. ATTEST: J. It. 01,,"ON, County
Clerk&exoffirio Clerk of said Board of Supervisors,
by>3® 7.Cler
EP 8 1981
Orig: Director of Personnel
Employee Relations Officer
cc: County Administrator
County Counsel
Auditor-Controller
United Clerical Employees
RESOLUTION NO. 81/1048
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
UNITED CLERICAL EMPLOYEES, VOCAL 2700, AFSCME, AFL-CIO
1981 - 1983
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
UNITED CLERICAL EMPLOYEES, LOCAL 2700, AF'SCME, AFL-CIO
1981 — 1983
Table of Contents
Section Page
Definitions 1,2,3
1 Union Recognition 3
2 Union Security 3,4,5
3 No Discrimination 6
4 Shop Stewards & Official Representatives 6
5 Salaries 7 - 13
6 Days & Hours of Work 13
T Overtime A Compensatory Time 13,14
8 Call Hack Time 15
9 On Call Duty 15
10 Shift Differential 16
11 Separation through Layoff 16 - 18
12 Holidays 19,20
13 Vacation Leave 21
14 Sick Leave 21 - 26
15 Worker's Compensation 26 & 27
16 Leave of Absence 28
17 Jury Duty & Witness Duty 29
18 Health & Welfare, Life & Dental Care 30
18.1 Carriers 30
18.2 Rates 30
Medicare 31
Increased Costs 31
Administration 31
Medical Leave 31
Retirement 32
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
UNITED CLERICAL EMPLOYEES, LOCAL 2700, AFSCME, AFL-CIO
1981 - 1983
Table of Contents
Page two
Section
19 Probationary Period 32-34
20 Promotion 34 A 35
21 Transfer 35 & 36
22 Resignations 36 A 37
23 Dismissals, Suspensions A Demotions 38-40
24 Grievance Procedure 41-43
25 Bilingual Pay 43
26 Retirement Contribution 43
27 Training Reimbursement 44
28 Classification 44
29 Safety 44
30 Mileage 44
31 Flexibly Staffed Positions 45
32 Meal Periods 45
33 Performance Evaluations 45
34 Disciplinary Actions 45
35 Personnel Files 46
36 Service Awards 46
37 Flex Time 46
38 Data on !vacant Positions 46
39 County Library Employees 47
40 Unfair Labor Practices 47
41 Length of Service Definition 47
42 Permanent Part Time Employee Benefits 47
43 Permanent Intermittent Employee Benefits 47
44 Permanent Intermittent Employee Health Plan 47
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
UNITED CLERICAL EMPLOYEES, LOCAL 2700, AFSCME, AFL-CIO
1981 - 1983
Table of Contents
Page three
Section Page
45 Provisional Employee Benefits 48
46 Word Processing Differential 48
47 Hazard Pay 48
48 Classification Studies 48
49 Sheriff's Department Shift A Holiday
Agreement 49
50 Hospital-Holiday Meals 49
51 Adoption 49
52 Duration of Agreement 50
53 Scope of Agreement A Separability of
Provisions 50
54 Past Practices & Existing Memoranda of
Understanding 51
Attachment A
Attachment B
Memorandum of Understanding
Between
Contra Costa County
And
United Clerical 'Employees, Local 2700, AFSCME, AFL-CIO
This Memorandum of Understanding is entered into pursuant to the authority
contained in Division 34 of the Contra Costa County Ordinance Code 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
Ordinance Cade Section 34-8.012.
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 Memorandum of Understanding 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 July 1, 1981 and
ending June 30, 1983.
Special provisions and restrictions pertaining to Project employees covered
by this Memorandum of Understanding are contained in Attachment. A which is
attached hereto and made a part hereof.
Definitions:
A. "Appointir. Authority" means Department Head.
B. "Class" mean; a group of positions sufficiently similar in
respect, to the duties, 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.
C. "Class Title" means the designation given to a class, to each
positron allocated to the class, and to the incumbents allocated
to the class.
D. "County" means Contra Costa County.
E. "Demotion" means the change of a permanent employee to another
Position in a class allocated to a salary range for which the top
step is lower than the top step of the class which the employee
formerly occupied except as provided for under "Transfer" or as
otherwise provided for in this Memorandum of Understanding, in the
Personnel Management Regulations, or in specific resolutions governing
t deep classifications.
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F. "Director of Personnel" means the person designated by the County
Administrator to serve as the Assistant County Administrator-Director
of Personnel.
G. "Eligible" means any person whose name is on an employment or
reemployment or layoff list for a given class.
H. "Emplo ewe" means a person who is an incumbent of a position or who
is-on 'leava of absence in accordance with provisions of this
Memorandum of Understanding and whose position is held pending his
return.
I. "Employment List" means 'a list of persons, who have been found
qualified for employment in a specific class.
J. "Layoff List" means a list of persons who have occupied positions
allocated to a class in the Merit System and who have been
involuntarily separated by layoff or displacement or have
voluntarily demoted in lieu of layoff.
K. "Permanent Intermittent Position" means 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.
L. "Permanent Part-Time Position" means any position which will
require the services of an incumbent for an indefinite period but
on a regularly scheduled less than full-time basis.
M. "Permanent Position" means any position which has required, or
which will require the services of an incumbent without
interruption, for an indefinite period.
N. "Proiect Employee" means 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 revenue.
0. "Promotion" means the change of a permanent employee to another
position in a class allocated to a salary range for which the top
step is higher than the top step of the class which the employee
formerly occupied, except as provided for under "Transfer" or as
otherwise provided for in this Memorandum of Understanding, in the
Personnel Management Regulations, or in specific resolutions
governing deep classes.
P. "Position" means the assigned duties and responsibilities calling
for the regular full-time, part-time or intermittent employment of
a person.
Q. "Reallocation" means the act of reassigning an individual position
from one class to another class at the same range of the salary
schedule or to a class which is allocated to another range that is
within five (5) percent of the top step, except as otherwise
provided for in the Personnel Management Regulations, deep class
resolutions or other ordinances.
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R. "Reclassification" means 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 basin of significant changes in the kind, difficulty
or responsibility of duties performed in such position.
S. "Reemployment List" means 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.
T. "Resignation" means the voluntary termination of permanent
employment with the County.
U. "Temporary Employment" means 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.
V. *Transfer" means the change of an employee who has permanent status
in a position to another position in the same class in a different
department , or to another position in a class which is allocated to
a range on the salary plan that is within five (5) percent at top
step as the class previously occupied by the employee.
Section 1 Recognition
1 .1 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 the Contra Costa County Ordinance Code.
A. General Clerical Unit
B. Supervisory Clerical Unit
Sectior 2 Union Security
2.1 Dues Deduction. Pursuant to Chapter 34-26 of County Ordinance 73-32,
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 units.
Dues deduction shall be based on the voluntary written authorization of the
employee which shall remain in effect so long as the employee remains in a unit
represented by the Union unless such authorization is cancelled in writing by
the employee in accordance with the provisions set forth in Section 2.4. The
dues deduction shall be for a specified amount and uniform between members of
the Union. The Union shall indemnify, defend, and hold the County harmless
against any claims made and against any suit instituted against the County on
account of dues deduction. The Union shall- refund to the County any amounts
paid to it in error upon presentation of supporting evidence.
Section 22 of the 1977-1979 Memorandum of Understanding between the County and
United Clerical Employees shall be continued for the duration of this Memorandum
of Understanding.
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2.2 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 Employee
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
employees' paycheck shall be returned to the employee and said amount shall be
deducted from the next duesdeduction 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 authoriation form referenced above shall include a statement that
the Union and the County have entered into a Memorandum of Understanding, 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 30 days of employment upon proper'written notice by 'the employee within
said 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 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 Memorandum of
Understanding 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 2.4.
2.4 Withdrawal of Memberships. By notifying the Auditor-Controller's
Department in writing, between May 2 and May 31, 1983, any employee may withdraw
from Union membership and discontinue paying dues as of the payroll period
commencing May 1, 1983, discontinuance of dues payments to then be reflected in
the June 10, 1983 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 Communicating Witb_,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.
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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 repre-
sentatives 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.
2.6 Use of County Mail_S stem. The Union may distribute materials to
designated Union representatives through the County distribution channels if
approved by the Personnel Director. The decision of the Personnel Director is
final and not subject to the grievance procedure. This privilege may be revoked
in the event of abuse after the Personnel Director consults with the Union.
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.
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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. '
The listing of an item n 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 WrittenStatement for New &ployees. 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.
Section 2 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 dis-
crimination because of age. There shall be no discrimination against any
handicapped person solely because of such handicap unless that handicap pre-
vents the person from meeting the minimum standards established for the
position. '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.
Section4 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 24 (Grievance procedure) of
this Memorandum,
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D. If they are designated as a shop steward, in which ease 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, 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.
4.2 Union Representative. Official representatives of the Union shall be
allowed time off or County time 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, provided that the number of such representatives shall
not exceed two (2) without prior approval of the Employee Relations Officer, 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 The salary range for each represented classification shall be as set"
forth in exhibit B which is attached hereto and made a part hereof.
5.2 Effective July 11 1952 the salary range for each classification shall
be increased by 8% of 77 levels on the H series salary schedule with the
exception of the following:
A. Account Clerk II - 10% or 96 levels
B. Account Clerk III - 10% or 96 levels
However, should the Consumer price Index for Urban Wage Earners and Clerical
Workers-San Francisco-Oakland, California all items (1967)=100 hereinafter
referred to as the "Index" from April 1981 to April 1982 increase more than
twelve (12%) percent, the salary range for each classification represented by
the Union shall be increased an additional amount to be determined by
subtracting twelve (12'x) percent from the amount of the increase in the index
and dividing by two (2) 0 said amount to be rounded to the nearest level on the H
series salary schedule.
However, should the Consumer Price Index for Urban Wage Earners and Clerical
Workers-San Francisco-Oakland, California all items (1967)zlOO hereinafter
referred to as the "Index" from April 1981 April 1982 increase more than twelve
(12%) percent, the salary range for each classification represented by the Union
shall be increased an additional amount to be determined by subtracting twelve
(12x) percent from the amount of the increase in the index and dividing by two
(2) , said amount, to be rounded to the nearest level on the H series salary sche-
dule.
For example:
Increase in Consumer Price Index 13.4¢
12.0
1 .4% - 2 _ .7%
Rounded to .7021% or seven (7) levels on the H series salary schedule.
No adjustments, retroactive or 'otherwise, shall be made in the amount of the .
salary increase due to any revision which later may be made in the published.
figures for the Index for any month on the basis of which the increase has been
determined. A decline in the Index shall not result in a reduction of
classification salary rates.
The salary increase based on the Index shall be contingent upon the continued
availability of official monthly Bureau of Labor Statistics Consumer Price Index
in its present form and calculated on the same basis as the foregoing Index
(1967=100) unless otherwise agreed upon by the parties.
5.3 Entrance Salary. New employees shall generally be appointed at the
minimum step of the salary range established for the particular class of position
to which the appointment is made.
However, the appointing authority may fill a particular position at a step
above the minimum of the range.
5.4 Anniversary-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 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. Transfer, Reallocatior_ 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
(5) percent of the top step of the previous classification, remains
unchanged.
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D. Reemplovments. The anniversary of an employee appointed from a
reemployment list to the the first step of the applicable salary
range and not required to serve a probation period is determined in
the same way as the anniversary date is determined for a new
employee who is appointed the same date, classification and step
and who then successfully completes the required probationary
period.
E. Notwithstanding other provisions of this Section 5, the anniversary
of an employee who is appointed to a classified position from out-
side 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
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 unconditional denial of
the increment or denial subject to review at some specified date before the next
anniversary. 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 ;hall 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 adminis-
trative 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.
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5.7 Cop -ensation for Portion of Month and Permanent Intermittent Com pensation.
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 (5) percent 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 and Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class
which is reallocated to a salary range above or below that to which
it was previously allocated, when the number of steps remain the
same, shall be compensated at the same step in the new salary range
the employee was receiving in the range to which the class was pre-
viously 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
k 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 5.9A 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.
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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 con-.
tain 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
(5x) greater than the next higher step; provided however that the next step
shall not exceed the maximum salary for the higher class.
5.11 Salary on 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 (5x) , the employee's salary shall be adjusted to the
step in the new range which is five percent (5x) 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.
If the transfer is to a deep class, the provisions of the deep class resolution
on salary of transfers, if any, shall apply in lieu of the above provisions.
5.14 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 5.103 Salary
on Promotion of this Memorandum, commencing on the eleventh (11th) work day of
the assignment, under the following conditions:
1. 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.
2. The nature of the departmental assignment is such that the employee
in the lower classification becomes fully responsible for the
duties of the position of .the higher classification.
3. Employee selected for the assignment will normally be expected to
meet the minimum qualifications for the higher classification.
4. Pay for work in a higher classification shall not be utilized as a
substitute for regular promotional procedures provided in this
Memorandum.
5. Higher pay assignments shall not exceed six (6) months except
through reauthorization.
6. If approval is granted for pay for work in a higher classification
and the assignment is terminated and later reapproved for the same
employee within thirty (30) days no additional waiting period will
be required.
7. 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.
8. 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.
9. 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.
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5.15 Payment. On the tenth (94th) 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) 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 5.14, 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.
Section6 Days and Fours 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-hour days; however,
where operational requirements of a department require deviations from the usual
pattern of five eight-hour days per work week, an employee's work hours may be
scheduled to meet these requirements, but his/her working time shall not exceed
an average of forty (40) hours per seven (7) day period throughout an opera-
tional cycle, and the Department Head shall prepare written schedules in advance
to support all deviations, the schedules to encompass the complete operational
cycle contemplated.
The work week for employees in the "4-10" shift is four (4) ten (10) hour
working days during a work week consisting of any seven (7) day period.
If the County wants to eliminate any existing "4. 10" shift and substitute a
"5-8" shift or to institute a "4-10" shift which does not allow for three (3)
consecutive days off (excluding overtime days or a change of shift assignment),
it will meet and confer with the union prior to implementing said new shift.
Section 7 Overtime and Compensatory Time
7.1 Overtime. Overtime .is any authorized work performed in excess of forty
hours per week or eight hours per day. Overtime for "4=10"shift employees is
any work performed beyond ten hours per day or forty hours per week. All over-
time 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 ether 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.
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Employees entitled to overtime credit for holidays in positions which work
around the clock (such as the County hospital, the Sheriff's 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
Memorandum of Understanding. The specific provision of this accumulation are
set forth in Section 12.5 of this Memorandum of Understanding. Regular overtime
for 24 hour institutional employees may be accrued as compensatory time in
accordance with Section 7.2 of this Memorandum of Understanding.
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 (1-112) times the actual authorized overtime hours worked by
the employee.
D. Employees may not accrue a compensatory time off balance that
exceeds forty (40) hours (i.e. , twenty-six and two-thirds (26-213)
hours at time and one-half). Effective September 1 , 1981 the com-
pensatory time off balance shall be increased to 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)
houre.
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).
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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 classifi-
cation 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 12/31 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 time-
keeping procedures to administer this Section.
Section 8 Call Hack 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.
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Section 10 .Shift Differential
In the hours which qualify for shift differential, employees shall receive five
percent (5x) 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 Separation Through Layoff
,11.1 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).
11.2 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.
11.3 Layoff By Displacement.
A. 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.
B. 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 less seniority; the least senior employee being
displaced first, and so on with senior ,displaced employees
displacing junior employees.
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11.4 Particular Rules on Displacing.
A. Permanent intermittent and permanent part-time employees may
displace only employees holding permanent positions of the same
type respectively.
B. 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 11.3 (a), or (2) in a class of the same or
1,ower salary level as provided in Section 11.2 (b) if no full-time
employee in a class at the same or lower salary level has less
seniority than the displacing employees.
C. 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 Personnel 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.
11.5 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 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 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 selection
among the employees involved.
11.6 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, the person's name shall
be placed on the Layoff list for the class of positions from which that person
has been removed.
11.7 Order of Names on Layoff. First, layoff lists shall contain the names
of persons laid off or displaced or when demoted as a result of a layoff or
displacement, or who have voluntarily demoted 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 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.
17
11.8 Duration of Layoff Rights. The name of any person laid off shall
continue on the layoff list for a period of two (2) years. Persons placed on
layoff lists shall be continued on the list for an additional two years if
application for extension of eligibility is made before the expiration of the
original period of eligibility.
11 .9 Certification of Persons From Layoff Lists. Layoff lists contain the
names(s) of person(s) laid off, displaced or demoted by displacement or voluntarily
demoted in lieu of layoff. When a request for personnel is received from the
appointing authority of a department, if a layoff list exists for the class, the
appointing authority shall receive .and appoint. the eligible highest on the layoff
list from .that department, or in the case that there is no layoff from that
department, the appointing authority shall receive and appoint the eligible
highest on the layoff list. However, if an eligible so certified is rejected
during probation as referenced in Section 18.7 and 18.8 and restored to the
layoff 'list, the rejected employee will not again be certified to the department
from which rejected on probation unless the appointing, authority so requests.
The Director of Personnel shall recommend to the Board of Supervisors that a
person employed from a layoff list be appointed at the same step of that salary
range the employee held on the day of layoff.
11 .10 Removal of Names from Layoff Lists. The Director of Personnel may
remove the name of any eligible from a 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 offers of permanent appointment to the class for which the
eligible list was established have been declined by the eligible.
E. If five certifications for permanent appointment from an open
employment list., including certification to two different depart-
ments if the class has permanent positions in more than one
department have failed to result in selection and appointment.
F. If the eligible fails to respond to the Director of Personnel or
the appointing authority within five (5) days to written notice of
certification mailed to the personts last known address.
Notice shall be sent to the person affected.
11 .11 Union Notification. 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 represented by
the Union, the Employee Relations Officer shall notify the union of the
possibility of such layoffs and shall meet and confer with it regarding the
implementation of the action.
The County agrees to give employees ten (10) work days (eight (8) work days for
employees on the "4-10" workweek) notice of layoff.
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Section 12 Holidays
12.1 The County will observe the following holidays:
A. Labor Day
Admission Day
Columbus Day
Veterans' Day
Thanksgiving Day
Day After Thanksgiving
Christmas
New Years' Day
Lincoln's Day
Washington's Day
Memorial Day
Independence Day
Such other days as the Hoard of Supervisors may by. -resolution-designate as
holidays.
B. Effective May 1, 19$2, Lincoln's Day, Admission Day, and Columbus
Day shall be deleted as holidays and each employee shall accrue two
(2) hours of personal holiday credit per month. Such personal
holiday time may be taken in 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 thirty-two (32) 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 continue
to celebrate those holidays listed in Section 12.1 (A) above.
12.2 The following provisions indicate how holiday credit is to be applied:
A. Employees on the five-day forty (40) hour Monday through Friday
work schedule shall be entitled to a holiday whenever a holiday is
observed pursuant to the 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 (1-112) times their basic
salary rate for holidays actually worked.
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 Memorandum of Understanding.
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.
12.3 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 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.
12.4 "4-10" Shift - 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 "Overtime".
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:
1. 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.
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)
times the actual hours worked to a maximum of eight (8) hours
worked by the employee.
u. Holiday time may not be accumulated in excess of two-hundred
eighty-eight (288) working hours. Holiday time may be accrued up
to 288 hours, exclusive of regular vacation accruals. After 288
hours, holiday time shall be paid at the overtime rate as specified
in Section 7.
5. Accrued holiday time may be taken off at times determined by mutual
agreement of the employee and the Department dead.
6. 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.
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i
k
Section 13 VacAtion Leave
13.1 Vacation Allowance. Employees in permarent positions are entitled to
vacation with pay. Accrual is based upon straight time lours 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 cne (l) hour calculated on the same basis
as for partial month compensation pursuant to Section 5.6 of this Memorandum of
Understanding. Vacation credits may not be taken during the first six (6)
months of employment except where sick leave has been exhausted; and none shall
be ellmed in excess of actual accrual at the time vacation is taken.
13.2 Vacation Accrual Rates.
Monthly Maximum
Accrual Cumulative
Lergth of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-113 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-113 560
13.3 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 Preference of vacation shall be given to employees according to
their seniority in their department as reasonably as possible.
13.6 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.
Section 14 Sick Leave
14.1 The -purpose of paid sick leave is to insure employees against loss of
pay for temporary absences from work due to illness or injury. Sick Leave may
be used only as authorized; it is not paid time off which employees may use for
personal activities.
14.2 Sick leave credits accrue at the rate of eight (8) working hours
credit for etch completed month of service. Employees who work a portion of a
month are entitled to a pro rata ;hare of the monthly sick leave; credit computed
on the same basis as is partial month compensation.
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Credits to and charges against sick leave are made in minimum amounts of
one-half (1/2) hour. 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 the employee is
reemployed in a permanent position within the period of his/her layoff
eligibility.
Upon retirement, an employee's accumulated sick leave shall be converted tc
retirement time on the basis of one day of retirement service credit for each
day of accumulated sick leave credit.
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. An employee may use paid sick leave credits when the employee is
off work because of a temporary illness or injury.
B. 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 conditions
listed below. For the purposes of this Section 14, permanent
disability shall mean the employee suffers from a disabling
physical injury or illness and is thereby prevented from engaging
in any County occupation for which he or she is qualified by
reason of education, training or experience. Sick leave credits
may be used under this provision only when the following require-
ments are met.
1 . An application for retirement due to disability has been
filed with 'the Retirement Board and
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. The appointing authority may review medical
evidence and order further examination as he/she deems
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
while under a physician's orders to remain secluded due to
exposure to a communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. female 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:
22
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. The appointing authority
retains the right to medical review of all requests for
such leave.
2. If a female employee does not apply for sick 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, the cost of such examination shall be borne
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. If all accrued sick leave has been utilized by the
employee, the employee shall be considered on leave
without pay. 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 date of the employee's
recovery from such disability.
E. Medical and Dental Appointments. An employee may use paid sick
leave credits for medical and dental appointments as follows:
1. For working time used in keeping medical and dental
appointments for the employee's own care; and
2. For working time (not over forty (40) hours in each fiscal
year) used by an employee for pre-scheduled medical and
dental appointments for an immediate family member living
in the employee's home. Such use of sick leave credits
shall be accounted for by the department on a fiscal Year
basis. Any balance of the forty (40) hours remaining at
the end of the fiscal year shall not be carried over to
the next year; departments shall notify the employee if
the maximum allowance is reached. Authorization to use
sick leave for this purpose is contingent on availability
of accumulated sick leave credits; it is not an additional
allotment of sick leave which employees may charge.
23
9/14'x$'
F. Emergency Care of Family. An employee may use paid sick leave
credits (up to two t2ldays, unless the Department Head approves
more) for working time used in cases of illness, or injury to, an
immediate family member living in the employee's home, if there is
a real need for someone to render oars and no one else is
available, therefore, and if alternative arrangements for the ill
or injured person are immediately undertaken.
G. Death of Family Member. An employee may use said sick leave
credits for absence from Mork because of a death in the employee's
immediate family, but this shall not exceed three (3) working hays.
plus up to two (2) days of work time for necessary travel.
14.3 Administration of Sick Leave. Accumulated paid sick leave credits
not be used in the following situations:
A. Self-inflicted InJury. For time off from work for an employee's
illness or injury caused by his or her willful misconduct..
B. Vacation. For an employee's illness or injury while. the employee
is on vacation except when extenuating circumstances exist and the
appointing authority approves.
C. Not in Pay Status. When the employee would otherwise be eligible
to use paid sick leave credits bu` is not in a pay status.
The proper administration of sick leave is a responsibility of the employee and
the Department Dead. The following procedures apply.-
A.
pply:A. Employees are responsible for notifying their department of an
absence as early as possible prior to the commencement of their
work shift or not later than 30 minutes thereafter if possible.
Notification shall include the reason and possible duration of the
absence.
B. Employees are responsible for keeping their department informed of
their continuing condition and probable date of return to work.
C. Employees are responsible for obtaining advance approval from
their appointing authority or designee for the schedule time of
prearranged personal or family medical and dental appointments.
The use of sick leave may be denied if these procedures are not followed. Abuse
of sick leave on the part of the employee is course for disciplinary action. To
ascertain the propriety of claims against sick leave, Department Heads may make
such investigations as they deem necessary.
4
14.4 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 and/or psychiatric examination by a
licensed physician and receive a report of the findings on such
examination. If the examining physician 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 Personnel Director may order lost pay
restored for good cauve 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 Memorandum of Understanding.
E. 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 Section 14 and 15 shall be coordinated with the
rehabilitation program as determined by the labor-management
committee.
14.5 Definition of Immediate Family. For the purposes of this Section
14 the immediate family shall be restricted to the spouse, son, stepson,
daughter, stepdaughter, father, step-father, mother, stepmother, brother,
sister, grandparent, grandchild, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law or sister-in-law of an employee.
g >
14.6 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 Disability 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 employees sick leave balance on the following
basis:
1. Integration with State Disability is automatic and cannot be
waived.
2. The amount credited to -the employees 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.
3. 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.
4. Ir the evert an employee is not eligible for sick leave
credits from the County, there will be he integration and the
employee shall not return. State Disability Insurance benefits
to the County.
5. 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.
6. Restoration of sick leave balances shall be rounded to the
neares+ one-half Q) hour.
7. In no instance will an employee be allowed to "purchase" sick
leave not accrued.
8. The County will provide separate accounting for the
"Purchased" sick leave to insure that State Disability
Insurance benefits are not taxable.
15. Workers' Compensation
A. Employees who leave work as a result of an on-the-job injury will have
the balance of that day charged to sick leave and/or vacation accruals. This
26
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B. Three (3) consecutive calendar days following the last day worked
constitutes a waiting period before Workers' Compensation starts. The time the
employee is scheduled to work during this waiting period will he charged to the
employee's sick leave and/or vacation accruals. In order to qualify for
Worker:' Compensation the employee must be under the' care of a physician.
Temporary compensation is payable on the first three (3) days of 6isability when
the injury necessitates hospitalization, or when the disability exceeds twenty-
one (21) Bays.
A permanent employee shall continue to receive full 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 under
Workers' Compensation Law set forth in Division 4 of the California Labor Code.
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 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 County contribution to the employees group medical plan shall continue
during any period of compensable temporary disability absence.
The maximum period for the described salary continuation for any one injury or
illness shall be one year from the date of temporary disability.
C. Continuing pay begins at the same time that temporary Workers'
Compensation starts and continues until the temporary disability ends, or until
one (1) year from the date of injury, whichever comes first. State Workers'
Compensation checks are made payable to the County by the :tate of California
Insurance 'fund. All continuing pay under the Workers' Compensation Program will
be cleared through the Personnel Office, Safety 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. This provision applies only to
injuries that have been accepted by the County as a ,fob connected injury.
27 f ,Ijr�d?4
Section 16 Leave of Absence
16.1 Leave Without Pavy. Any employee who has permanent status in the
classified service may be granted a leave of absence without pay upon written
request, approved by the appointing authority; provided, however, that leaves
for pregnancy shall be granted in accordance with applicable state and federal
law.
Requests for leave without pay shall be made upon forms prescribed by the
Director of Personnel and shall Mate 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. to take a course of study such as gill increase his/her usefulness
on return to his/her position;
4. for other reasons or circumstances acceptable to the appointing
authority.
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. 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.
Whenever an employee who has been granted a leave without any pay desires to
return before the expiration of such leave, the employee shall so request of the
appointing authority in writing at least fifteen (15) days in advance of the
return for approval by the appointing authority. The Personnel Department shall
be notified promptly of such return.
Except with respect to leave due to pregnancy, illness or disability, the
decision of the appointing authority on granting or denying a leave of absence
shall be subject to appeal to the Personnel Director and not subject to appeal
through the grievance procedure set forth in Section 23 of this Memorandum of
Understanding.
16.2 Military Leave. Any employee in the merit system and who is required
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. An
employee who volunteers for such service shall be granted a leave "of absence if
necessary in accordance with applicable state or federal laws. Upon the ter-
mination of such service or upon honorable discharge, the employee shall be
entitled to return to his/her position in the classified service provided such
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 secured 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.
28 JQJ1d Vf
F
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 Personnel may deem necessary.
16.3 Leave of Absence Replacement. Any permanent employee in the merit
system 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 that classification and department.
In case of severance from service by reason of the reinstatement of a permanent
employee, the provisions of Section 11 (Layoff and Seniority) shall apply.
16.4 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.
16.5 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.
Section 17 JuU Duty and Witness Duty
17.1 Jury Duty. If called for jury duty in a Municipal, Superior, or
Federal Court, or for a Coroners jury, employees may remain in their regular
pay status, crr they may take vacation leave or leave without pay and retain all
fees and expenses paid to them.
If an employee is called for jury duty and elects to remain in a regular pay
status and waive all fees (other than mileage allowances) received, the employee
shall obtain from the Clerk or Jury Commissioner a certificate which shall
indicate the days attended and the fact that fees other than mileage are waived.
The employee shall furnish the court certificate to his/her department, which
shall be retained as a department record. When serving ,fury duty in a federal
court, an employee shall return all fees (other than mileage allowance) received
to the County.
When an employee is called for jury duty and elects to retain all fees, the
employee must take vacation leave or leave without pay. No court certificate is
required in this instance.
Employees shall advise their department as soon as possible if scheduled to
appear for ,fury duty.
Permanent intermittent employees are entitled paid ,fury 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
t 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
t leave or leave without pay and retain all fees and expenses.
` 29
v�'r61-Vs
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 of this Memorandum of Understanding.
Employees shall advise their department as soon as possible if scheduled to
appear for witness duty. Permanent intermittent employees are entitled to paid
witness duty only for those days on which they were previously scheduled to work.
Section 18 Health and Welfare, Life and Dental Care
18.1 The County will continue the existing County Croup health Plan program
of combined medical, dental and life insurance coverage through California
Dental Service, Occidental Life Insurance and the medical insurance options of
Kaiser-Permanente Foundation, Blue Cross of Northern California, the Contra
Costa County Health Plan and H.E.A.L.S. Health Plan to all permanent employees
regularly scheduled to work twenty (20) or more hours per week.
18.2 In the event that it may be possible to provide hospital-medical, life
insurance and dental coverage as nearly comparable as possible to the benefits in
effect on July 1, 1981 , without additional cost to the County or the employees,
the County may substitute new insurance carriers. The Union will be given an
opportunity to meet and confer on the coverage afforded under such substitute
plans before they are implemented. During the term of this Memorandum of
Understanding, the County intends to seek alternatives to the Blue Cross Medical
Plan by requesting that health care companies submit bids on the cost of furnish-
ing identical or similar benefits as are provided under the Blue Cross Plan.
The County will contribute up to the following monthly amounts toward the
existing County Croup Health Plan program of combined medical, dental and life
insurance provided, however, that the minimum employee health plan contribution
shall be $1 .00 per month.
Kaiser Option
County contribution per
Category Employee per month:
8/1/81 8/1/82
Employee Only $ 49.68 $ 57.68
(No Medicare)
Family 111.45 123.45
(No Medicare)
Blue Cross Option
Employee Only 72.76 80.76
(No Medicare)
Family 126.41 138.41
(No Medicare)
30
Contra Costa Health Plan Option
Employee Only 50.78 58.78
(No Medicare)
Family 116.42 128.42
(go Medicare)
Heals Health Plan Option
Employee Only 60.00 68.00
(No Medicare)
Family 115.00 127.00
. (No Medicare)
Corresponding Medicare rates for employees covered under this Memorandum of Under-
standing 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; provided, however,
that the minimum employee health plan contribution will be $1.00 per month.
Any increase in the Health Plan costs that occur during the duration of this
Memorandum of Understanding shall be borne �by the employee.
The County's contribution to the Health Plan premium is payable for any month in
which the employee earns compensation for actual time worked or is credited for
work time through vacation or sick leave accruals. However, if an employee does
not earn 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.
An employee is thus covered by the Health Plan for the month in which compensation
is earned and the subsequent month. The responsibility for this payment'resta
with the employee. If payment is not made, the employee shall be dropped from
the Health Plan.
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 should be allowed to maintain their Health Plan coverage at the County
group rate for twelve (12) months if on approved medical leave of absence
provided that the employee should 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 who terminates County employment who has earned compensation for
actual time worked or is credited for time worked through vacation or sick leave
accruals, is only covered through the month in which he is credited with
compensation. An employee who terminates County employment may convert to
individual Health Plan coverage. 31 r///,o 4/,r
Upon retirement, employees may remain in the same County group medical plan if
immedately before their retirement they are either active subscribers to the
County Health Plan or if on authorized leave of absence without pay they have
retained individual conversion membership from the County plan.
Section J2 Probationary Period
19.1 Duration. All appointments from officially promulgated employment
lists for original entrance or promotion shall be subject to a probationary
period. This period shall be from six (6) months to two (2) years duration.
19.2 Listed below are those classes represented by the Union which have
probation periods in excess of six (6) months.
Stenographer Clerk Trainee - one (1) year
19.3 When the probationary period for a class is changed, only new
appointees to positions in the classification shall be subject to the revised
probationary period.
19.4 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 six (6)
months probation period, probation will be considered completed upon serving
one-thousand (1 ,000) hours after appointment except that in no instance will
this period be less than six (6) calendar months from the beginning of
probation. If a permanent-intermittent probationary employee is reassigned to
full-time, credit toward probation completion in the full-time position shall be
prorated on the basis of one hundred seventy-three (173) hours per month.
19.5 ReJection Darin& Probation. An employee who is refected 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 previsions 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, handicap, or sexual orientation.
H. The appeal must be written, must be signed by the employee and
set forth in facts by which it is claimed that grounds for appeal
exist under subsection (A) and must be filed through the Director
of Personnel to the Frit Hoard by 5:00 p.m. on the 7th calendar
day after the date of delivery to the employee of notice of rejection.
32
C. The Merit Hoard 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 Le.;iriygL, recommended findings of fact, conclusions of
Saw 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 Heard finds no probable cause for a hearing, it shall
deny the appeal. If, after hearing, the Merit Hoard 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 Hoard 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 Personnel receive from the
appointing authority a statement in writing that the services of the employee
during the probationary period were satisfactory and that the employee is
recommended for permanent appointment. A probationary employee may be rejected
at any time during the probation period without regard to the Skelly provisions
of this Memorandum of Understanding, without notice and without right of appeal
or hearing except as provided in section 18.5A. 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.
Notwiths*ending any other provisions of the Memorandum. of Understanding, an
employee rejected during the probation period from a position in the Merit
System to which the employee had been promoted or transferred from an eligible
list, shall be restored to a position in the 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 Personnel Director whose decision is final.
The Director of Personnel 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.
33
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19.7 Layoff During Probation. kn 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 Re3ection 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 Promotion shall be by competitive examination unless otherwise
provided in this Memorandum of Understanding.
20.2 Promotion Policy. The Director of Personnel, 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 Union is proposed to be announced on an open only basis, the Director of
Personnel shall give five (5) days prior notice of such proposed announcement
and shall meet at the request of the Union to discuss the reasons for such open
announcement.
20.4 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 Personnel Director.
E. The Union approves such action.
I
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 (70x) 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 If the department denies an employee's request for reclassification,
upon request of the Union, the denial will be .reviewed by the Personnel Director
and appointing authority and the reasons for denial giver to the union in writing.
20.6 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 21 Transfer
21 .1 The following conditions are required in order to qualify for transfer:
(a) The position shall be in the same class, or if in a different class shall.
have been determined by the Director of Personnel 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 Personnel 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 Any employee or appointing authority who desires to initiate a transfer
may inform the Director of Personnel in writing of such desire stating the reasons
therefor. The Director of Personnel 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.
21.3 The Personnel Director will send to all departments an updated transfer
list on a monthly basis.
35 Y1//C1,/$
21 .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 Memorandum of
Understanding. This provision applies to intradepartmental reassignments only.
In no event shall reassignments be utilized for disciplinary purposes.
21 .5 Departmental Transfer Agreements. The agreements between the Union and
the Probation Department, Social Service Department and Sheriff's Department
concerning transfer procedures for clerical workers covered by this Memorandum.
of Understanding shall remain in full force and effect .during the duration of
this Agreement.
Health Services Policy (#202) pertaining to bidding open job positions shall
remain in effect for the duration of this Memorandum of Understanding. This
policy does not apply to employees of the Public Health Division or in Emergency
Medical Services.
Section 22 Resignations
An employee's voluntary termination of service is a resignation. Written
resignations shall be forwarded to the Personnel Department by the appointing
authority immediately on receipt, and shall indicate the effective date of
termination. ural resignation shall be immediately confirmed by the appointing
authority in writing to the employee and to the Personnel 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 ten (10) consecutive
working days without leave, and,
B. Ten (10) more consecutive 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 concurrance of the employee and the appointing authority.
36 90111,0447
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 Personnel 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 acknowledgement 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 Personnel
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 23 of the Memorandum of Understanding beginning
with step c.
D. Disposition - If a final decision is rendered that determines that
the resignation was coerced, the resignation shall be deemed
revoked and the employee returned to duty effective on the day
following the decision but without loss of seniority or pay,
subject to the employee's duty to .mitigate damages.
22.6 Eligibility for Reemployment. Within one 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 Personnel 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 Personnel 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 provi-
sions of section 11.10 of this Memorandum of Understanding.
37a1B8
`Section 23 Dismissal, suspension and Demotion
23.1 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:
1. absence without leave,
2. conviction of any criminal act involving moral turpitude,
3. conduct tending to bring the merit system into disrepute,
u. -disorderly or immoral conduct,
5. incompentence or inefficiency,
6. insubordination,
7. being at work under the influence of liquor or drugs, carrying onto
the premises liquor or drugs or consuming or using liquor or drugs
during work hours and/or on County premises,.
$. neglect of duty,
9. negligent or willful damage to public property or waste of public
supplies or equipment,
10. violation of any lawful or reasonable regulation or order given
by a. Supervisor or Department Head.
11. willful violation of any of the provisions of the merit system
ordinance or Personnel Management Regulations.
12. material and intentional misrepresentation or concealment of any
fact in connection with obtaining employment.
13. misappropriation of County funds or property,
14. unreasonable failure or refusal to undergo any physical, medical
and/or psychiatric exam and/or treatment authorized by this
Memorandum of Understanding,
15. dishonesty or theft,
16. excessive or unexcused absenteeism and/or tardiness.
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
(four (41 work days for employees on "4-10" work week) , 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 ommissions 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.
38
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 actin 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.
23.3 Leave Pending EMRloyee Res once. 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.
23.4 Suspensions without pay shall not exceed thirty (30) days unless ordered by
an arbitrator, an adjustment board or the Merit Board. The thirty (30) day limit
does not apply to suspension due to pending criminal charges as provided in 23.5
below.
23.5 Notice of Suspension Without Pay Due to PendiM Criminal Charges.
Before suspending an employee due to pending criminal charges, the appointing
authority shall cause to be served either personally or by certified mail, on the
employee, a Notice of Suspension Due to Pending Criminal Charges, which shall con-
tain the following:
A. A statement that the employee is suspended while criminal charges
are pending or until the charges are dismissed.
39
B. A statement of the charges upon which the suspension is based and
of the facts by which such charges adversely affect the County
service or conflict with continued employment.
C. A statement that the employee may respond to the appointing
authority either orally or in writing within seven (7) calendar
days.
D. A statement that disciplinary action may be taken after disposition
of the charges.
E. The Notice of Suspension Due to Pending Criminal Charges may
include a Notice of Proposed Action (Skelly Notice) under Section
22.2.
F. An appointing authority, upon giving notice as provided in this
Section 22, may immediately suspend without pay an employee against
whom there is pending a criminal charge which adversely affects the
County service or conflicts with continued employment. Pending
criminal charges exist when an employee has been arrested or has
been named a defendant in a criminal complaint or indictment filed
in any court.
G. The Personnel Director may order lost pay restored for good cause,
and subject to the employee's duty to mitigate damages, but not if
the employee 1) is given a Notice of Proposed Action (Skelly
Notice) and 2) is dismissed or otherwise disciplined for cause
directly related to the charges within fourteen (14) calendar days
after the appointing authority has knowledge of final disposition
of the charges.
23.6 Procedure on Dismissal, Suspension or Disciplinary Demotion.
k
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 Personnel, 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. Egloyee 2peals 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
Memorandum of Underetanding provided that such appeal is filed in
writing with the Personnel 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
Memorandum of Understanding.
Section 24 Grievance Procedure
24.1 A grievance is any dispute which involves the interpretation or
application of any provision of this Memorandum of Understanding excluding,
however, those provisions of this Memorandum of Understanding which specifically
provide that the decision of any County official shall be final, the interpre
tation or application of those provisions not being subject to the grievance
procedure. The Union may represent the employee at any stage of the process.
Grievances must be filed within thirty (30) days of the incident or occurance
about which the employee 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 Memorandum of Understanding has been
misinterpreted or misapplied to his or her detriment shall discuss
the complaint with the employees immediate supervisor, who shall
meet with the employee within five (5) days of receipt of a written
request to hold such meeting.
B. Step 2 - If a grievance is not satisfactorily resolved in step 1
above, the employee may submit the grievance in writing within five
(5) work days to such management official as the Department Head
may designate. This formal writtcn grievance shall state which
provision of the Memorandum of Understanding 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 Director of Personnel. 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 's grievance is not satisfactorily resolved in step 2
above, the employee may appeal in writing within ten (10) work days
to the Personnel Director. The Personnel Director or his or her
designee shall have twenty-five (25) work days in which to investigate
the merit of the complaint and to meet with the Department Head and
the employee and attempt to settle the grievance.
D. Step 4 - No grievance may be processed under this Section which has
not first been filed and investigated in accordance with paragraph
(C) above. If the parties are unable to reach a mutually satisfactory
accord on any grievance which arises and is presented.during the term
term of this Memorandum of Understanding, '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 repre.ient the County in the meeting and conferring process.
41
i
E. Step 5. Tf an Adjustment Board is unable to arrive at a majority
decision, either the employee 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 employee and the Personnel Director.
The fees and expenses of the arbitrator and of the Court Reporter
shall be shared equally by the employee and the County. Each
f)arty, 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 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 Memorandum of Understanding or to
change written agreements supplementary hereto shall not be arbitrable and no
proposal to modify, amend, or terminate this Memorandum of Understanding, nor
any matter or subject arising out of or in connection with such proposals, may
be referred to arbitration under this Section. Neither any Adjustment Board nor
any arbitrator shall have the power to amend or modify this Memorandum of
Understanding or written agreements supplementary hereto or to establish any new
terms or conditions of employment.
(d) If the Personnel Director in pursuance of the procedures outlined in
Subsection 24.1 (C) above, or the Adjustment Board in pursuance of the provisions
of Subsection 24.1 (D) above resolve a grievance which involves suspension or
discharge, they may agree to payment for lost time or to reinstatement with or
without payment for lost time.
24.3 The time limits specified above may be waived by mutual agreement of
the parties to the grievance. If the County fails to meet the time limits
specified in steps 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 3 above, the grievance will be deemed to have been settled and
withdrawn.
24.4 An official, with whom a formal grievance is filed by a grievant who
is included in a unit represented by the Union, but is not represented by the
Union in the grievance, shall give the Union a copy of the formal presentation.
24.5 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Personnel
Director. Only complaints which allege that employees are not being compensated
in accordance with the provisions of this Memorandum of Understanding 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 Memorandum of
Understanding which results from such meeting and conferring process shall be
deemed withdrawn until the meeting and conferring process is next opened for
such discussion. No adjustment shall be retroactive for more than six (6)
months from the date upon which the complaint was filed.
42
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No change in this Memorandum of Understanding or interpretations thereof (except
interpretations resulting from AdJustment Hoard or arbitration proceedings
hereunder) will be recognized unless agreed to by the County and the [inion.
24.6 No Strike. During the term of this Memorandum of Understanding, 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.
24.7 Merit Hoard. (a) All grievances of employees in representation units
represented by the Union shall be processed under Section 23 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 23.1 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.
224.8 The Union may file a grievance at step 3 on behalf of affected
employees when action by the County Administrator or the Hoard of Supervisors
violates a provision of this Memorandum of Understanding.
24.9 Disputes over whether a grievance exists as defined in Section 23.1
shall be resolved through the grievance procedure.
24.10 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 25 Bilingual Pay
A salary differential of forty dollars ($40.00) per month shall be paid
incumbents of positions requiring bilingual proficiency as designated by the
appointing authority and Director of Personnel. 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.
Employees shall not be requested to translate without pay except in emergency
situations.
Section 26 Retirement Contribution
Pursuant to Government Code Section 31581.1, the County will continue to pay
fifty percent (50x) of the retirement contributions normally required of
employees . Such payments :shall continue for the duration of this Memorandum of
Understanding, 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.
43 Z/ZO 449
Section 27 Training Reimbursement
The County Administrative Bulletin on Training shall govern reimbursement for
training and shall continue to limit reimbursement for career development training
to $200 per semester or $150 per quarter, not to exceed $600 per year, except as
otherwise provided in the supplemented sections of this Memorandum of Understanding.
Section 28 Classification
Existing classes of positions may be abolished or changed and new classes may be
added to the classification plan by the Director of Personnel subject to appro-
val 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 29 Safety
The County shall expend every effort to see to it that the work perforated under
the terms and conditions of this Memorandum of Understanding is performed with a
maximum degree cf 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.
An employee designated by the union may participate on each of the established
district safety committees within the Department of Social Service.
Section 30 Mileage
Effective August 1 , 1979 mileage allowance for the use of personal vehicles• on
County business shall be paid according to the following per month formula:
1 - 400 miles $ .22 per mile
401 - plus miles .16 per mile
The above rates shall be adjusted to reflect an increase or decrease in the cost.
of gasoline which shall be determined as provided below on the basis of the average
price for "gasoline, all types" per gallon as listed in Table 5, "Gasoline Average
Prices per gallon, U.S. City Average and Selected Areas" for the San Francisco-
Oakland California area published by the Bureau of Labor Statistics, U.S.
Department of Labor, hereinafter referred to as the "Energy Report".
The above mileage rates shall be increased or decreased by one cent (1¢) for
each fifteen cents (150) increase or decrease in the base price for gasoline
which shall be defined as the average price of gasoline per gallon for July, 1979
as published in the Energy Report. Any such rate increase or decrease shall be
effective the first of the month following publication of the index.. The above
formula rates include price increases reported since July, 1979.
44
V/hovso
The mileage rate increase or decrease based on the Energy Report shall be
contingent upon the continued availability of the official monthly Energy Report
in its present form and calculated on the same basis unless otherwise agreed
upon by the parties.
Section 31 flexibly Staffed Positions
The County shall continue to provide for flexible staffing and departmental
certification for all positions in the following classes: Typist Clerk to
Intermediate Typist Clerk, Stenographer Clerk to Intermediate Stenographer Clerk,
Account Clerk I to Account Clerk II, Clerk to Intermediate Clerk. 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.
31.1 Typist Clerk Trainee. Typist Clerk Trainees may be flexibly staffed
promoted upon completion of the six (6) months probationary period and successful
completion of the typing proficiency exam administered monthly by the Personnel
Department. Typist Clerk Trainees shall be provided with on the Job training
and work release time for clerical skills training. Typist Clerk Trainees may
take each typing proficiency exam given after the employee begins work until
he/she passes.
31 .2 Stenographer Clerk Trainee. Stenographer Clerk Trainees may be
flexibly staff promoted upon completion of six (6) months service and upon
successful completion of the typing and stenography proficiency exams
administered monthly by the Personnel Department. The probationary period for
Stenographer Clerk Trainee is one (1) year. Stenographer Clerk Trainees shall
be provided with on the ,fob training and work release time for clerical skills
training. Stenographer Clerk Trainees may take each proficiency exam given
after the employee begins work until he/:she passes.
Section 32 Meal Periods
Representatives of the Union may discuss varying meal periods (e.g. one-half
hour versus a one 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.
Section 33 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 she/he so requests.
Section 34 Disciplinary_Actions
If the employee so requests in writing, a copy of any written disciplinary
action affecting an employee in the shall be furnished to the Union.
45
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Section 35 Personnel Files
Employees shall have the right to inspect and review any official records?
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 Personnel Department. The contents of such records
shall be made available to the employee 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.
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 Personnel 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 36 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.
Section 37 Flex-Time
It is under4tood 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 Memorandum of understanding prohibits the Department Head
from implementing a flex-time system for clerical employees. The Department
Mead 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 the 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 Employee Relations Officer, the Union may request to
meet with a Department Head for the purpose of proposing an alternate flexible
work schedule.
Section 38 Data on 'vacant Positions
The County agrees to continue investigating the feasability of instituting
a data processing system to provide current data on available vacant positions
within the clerical series.
46
Section 39 County Library Employees
39.1 Evening Differential. Employes 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.
39.2 Saturday Differential. Employees in the Library Unit who are scheduled
to work Saturday shall receive a 5% base pay salary differential for all hours
worked on such Saturday, said 5% differential shall not apply to any overtime
hours worked on Saturday.
39.3 The Union and Library Administration have agreed to meet and confer on
the scheduling of holidays for Christmas 1982 and New Years 1983. The specifics
of this agreement when arrived at shall be reduced to writing and incorporated
into this Memorandum of Understanding.
Section 40 Unfair Labor Practice
Either the County or the Union may file an unfair labor practice as defined in
Chapter 34-22 of the County Ordinance 73-32 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 & 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 temp-
orary, 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, service
credits shall include all credits accumulated at time of separation, but shall
include the period of separation. The Personnel Director shall determine these
matters based on the employee status records in his/her department.
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 corres-
ponding premium rates providing they work at least 50% of full-time. If the
employee works at least 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 Employee Health Plan
Effective October 1, 1981 a permanent-intermittent employee represented by the
Union 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 euring the annual open enrollment period.
47
Section 45 Provisional !m!Rloyee 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.
Effective October 1, 1951 , said 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
monthly premium appropriately and punctually. Failure to meet the premium
deadline will mean automatic .and immediate withdrawal from the County Group
Health flan and reinstatement may only be effectuated during the annual open
enrollment period.
Section 46 'Word Processk& Differential
Effective September 1, 1981 employees who are assigned primary responsibility
for the operation of word processing machines such as mag-card machines, mini-
computers with word processing software, vidio display typewriting equipment or
other equipment attached to a typewriter or printer with external storage
capacity and utilized in the transformation of words and/or ideas into readable
form shall receive a differential of $50.00 per month. This differential shall
be pro-rated for permanent part-time and permanent-intermittent employees.
Section 47 Hazard Pay
Employees who work in the following designated areas shall receive a five '(5)
percent 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 County Hospital
C. Mental Health Screening Unit of the Health Services Department
D., Conservatorship Office in Martinez
E. Evening Reception for the A.I.R.S. program at the Richmond Clinic
F. Employee who accompanies medical staff into inmate areas of the
County Detention Facility
Section 48 Classification Studies
Upon receipt of the appropriate P300 as submitted by the operating department
and approved by the County Administrator's Office, the County agrees to conduct
a review of the following classes or specific positions within a class for the
purposes indicated. The County shall make its findings known to the Union no
later than the dates indicated for each study unless extended by mutual consent
of both parties, without obligation of the County to take action based upon the
results of the study. During the course of these studies, the County shall
review any information submitted by the Union relevant to such studies:
48
Time of Completion From
Class(es) and/or Date Received in
Position(s) Issue Personnel Office Q300)
Accounting Technician To study the feasibility Dec. 1, 1981
of creating a new class and
the feasibility of a career
ladder
Typist Clerk, Intermediate To determine proper Feb. 1, 1982
Typist Clerk, Senior Clerk assignment of positions
(including employees
working on shifts).
Stenographer and To study the feasibility April 7, 1982
Secretarial Service of creating deep class
Clerks in Data Processing To study the feasbility July 10 1982
of creating a position of
Data Control Clerk.
Section 49 Sheriff's Department Shift and Holiday Agreement.
The agreement between the Union and the Sheriff's Department concerning shift
assignments and holiday coverage in the Services Division shall remain in effect
for the duration of this agreement. In addition, the Union and the Sheriff's
Department shall meet prior to December 1, 1981 to discuss extending the prov-
isions of this agreement to the County Detention Facility.
Section 50 Hospital-Holiday Meals
Employee represented by the Union who are employed at the County Hospital and
who are required to work on Thanksgiving, Christmas or Mew Y'ear's will be pro-
vided a free meal in the Hospital Cafeteria at no cost to the employee.
Section 51 Adoption
The provisions of this Memorandum of Understanding shall be made applicable on
the dates indicated and upon approval by the Hoard 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.
49
?/X0
Section 52 Duration of _Agreement. This Agreement shall continue in full force
and effect from July 1, 1981 to and including June 30, 1983. 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 53 Scope Agreement and Separability of Provision
53.1 Scope of Agreement. Except as otherwise specifically provided herein,
this Memorandum of Understanding fully and completely incorporates the
understanding of the parties hereto and constitues, 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 Memorandum of Understanding demand any
charge herein, provided that nothing herein shall prohibit the parties from
changing the terms of this Memorandum of Understanding by mutual agreement.
53.2 Separability of Provisions. Should any section, clause or provision of
this Memorandum of Understanding be declared illegal, unlawful or unenforceable,
by final ,judgment of a court of competent jurisdiction, such invalidation of
such section, clause or provision shall not invalidate the remaining portions
hereof, and such remaining portions shall remain in full force and effect for the
duration of this Memorandum of,Understanding.
53.3 Personnel Management Regulations. Where a specific provision contained
in a section of this Memorandum of Understanding conflicts with a specific provision
contained in a section of the Personnel Management Regulations, the provision of
this Memorandum of Understanding shall prevail. It is recognized, however, that
certain provisions of the Personnel Management Regulations may be supplementary
to the provisions of this Memorandum of Understanding or deal with matters not
within the scope of representation and as such remain in full force and effect.
50
?Illd,Vt
Section 54 Past Practices and Existing Memoranda of Understanding
Continuance of working conditions and past practices not specifically authorized
by ordinance or by resolution of the Board of Supervisors is not guaranteed by
this Memorandum of Understanding; provided, however, that only during the term
of this Memorandum of Understanding which expires June 30, 1983, the Union may
claim a violation of a past practice. If the Union can demonstrate that such
past practice exists by virtue of having been acknowledged and agreed to by
Management the alleged violation of said past practice will be subject to the
grievance procedure. Those practices which have been agreed to by Management
and not approved by the Department Head must be confirmed and approved by the
Department Head by June 30, 1962 in order to be considered a past practice
pursuant to this provision.
Date: -!
UNITED CLERICAL EMPLOYEES, LOCAL 2700,
CONTRA COSTA COUNTY AFSCME, AFL - CIO
By By
By By
r �
By
By
w
By
BY
By
51
Attachment A
United Clerical Employees, AFSCME, Council 57 and the County have met and
conferred ,.n 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 Employees, AFSCME, Council
57. For example, Typist Clerk is represented by United Clerical Employees,
therefore, it has been agreed that Typist Clerk-Project will also be represented
by United Clerical Employees.
Other Project classes that are not readily identifiable as properly included in
bargaining units represented by United Clerical Employees shall be assigned to
bargaining units in accordance with the provisions of Section 34-12.015 of
County Ordinance 73-32•
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
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 Skelly provisions of this Memorandum of
Understanding, without notice and without right of appeal or
hearing or recourse to the grievance procedure as it applies to
suspensions, demotions, or 'discharge.
3. Any provision of this Memorandum of Understanding which pertains
to layoff or seniority are not applicable to project employees.
i
Attachment B
GEHEPAL CLERICAL SERVICES UNIT
LEVEL SALARY RANGE CLASS TITLE
JDNA. . H1, — 810, IC21,00 -- 1241 .00, . .AC OUNT LERK I
JOVA. . FO, — 907« 12! .00 — 1368#00* . .AC OUNT LERK I
r J TA. . ##..� p . 27'. } - , .00. . .A OUNT CLERK
I
J9.S9. , H12 — 090. 159»00 - I g .SQO: » .,Ai SESIANTTSMIAL ERIIIS EKCLERICAL SPECIAL
JAMB. : H1, — 621# 846.00 r � .4►'�. . .CLE K
J4WA. — 768• 1979.00 —_ 19 .CO. *DATA ENTRY OPERATOR' I
J4VAJ9TC. . - 883635. 155.00 - 1444.00. . .INTUA'ANCEYCIOERKI►TOA II
JMV9, . — 81,0. 1021 #00 - 241. o. . :,1 ERMEDIATE ERK
13VA. + Hi —s59. 1073.00 - 30 803: . NT RM D ATE ADKGRAPHER CLERK
M A. . — %8 ,, 02 .0C — i24 .CO* . . NT RM DIATE TYPIST CL RK
PTB , .1 1t,, ` 8g93330, 152.000 — 14040004
NO 00. . . UVENILE ICR imiNAL COClR�ROOM ASSISTANT
PM9 . •H1, — 9 3 » 11p5p5p.0�y0 — 1404»Q8. . »� HAL ERVICESSSHERKT
JgTA. . �►
3KW9. .} , — 6 888000 — 1479. . . .LIBRARY CLERK
J9MD. » — 99 1129»00 — M DICAI R NRCRt9ERNICIAN
9ME. .� -- 9 . 1124,00 "- t1*000
. 0, .R'EC ROABL DOCUMENTS EXAMINER
3 9 . .A* 0H1, _ 670 • 1155,00 — 1404 ,00 , . . CRETARY ERK
Hl — 933 E N I O R, C Y I
J3TA, . — � , 1349.00 - ' .o�. . . ECRET C E K
1155, 0
JPTA , •H2 - 007s 1241 *00 ifn:800:a. . HERIFF+ PRO ESS CLERK
J3VAs •H1, — 750 • 962,Oo — 1079»00» » » YPIJTRCLP,ERK CLERK TRAINEE
JW A* .Hl — 621, , 846*00 — 1429.00. ,TYPIST CLERK TRAINEE
r
!SUPEOVISLPY CLERICAL UNrT
LEVEL SALARY RANGE CLASS TITLE gg
Y�tTC . * H2 — 160* 1496*0it0? -' �758 .�0; • :EX "P�ITNOPUPCRVISRORECNNICIAN
9NA, 9 H2 — 113* 1465. - w HOSPITAL RECEPTI N , NTfR g P RV SOR
r. Ota _ � 5 . w IL P POR CLE AL ASSISTANT
,19NF * . H2 — 090* 1349#00 1 9 • • . .PUBLIC EF ER CIER CAt AS I TA IST
OR
wH2 — 115 . 1343.00 . 138 .00. . «SUPERiVI ING CL RKNT CLERK
,I1tHA. . H2 — 090• 34�l.t?0
I
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