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HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-1049 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA 1981-1983 Compensation for Employees in Units Represented by Professional and RESOLUTION NO. 81/1049 Technical Employees, Local 512, 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 Professional and Technical Employees, Local 512, AFSCME, AFL-CIO, for the following units represented by the Union: Engineering Technician Unit Income Maintenance Program Unit 2, This Board having thoroughly considered said Memorandum of Understanding, the same is approved. 3. Salaries and Terms and Conditions of Employment, Professional and Technical Employees. The Memorandum of Understanding with Professional and Technical 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 Eanden, Schroder, McPeak, Torlakson, and Powers. NOES: None. ABSENT: None. f ��`C�,�rK::7 CC)Illy I certify twat ".hYa (s F4 ft,'i. inip K eorrrrt e'Iy trf iz1 an �entihthe urtgS H nn ric ?n a:r ots_vl' ari thar. it ".I: 6Y the 'fiocu'd of ftinfa n"i.nru oP t;7nnit^i t'nru: t'wnt=F. Unli'arni t. ort thio date sshoe�=Y�. A'I'TC.. It. t)f',9D N, Grrtta7t} Ctet:i l rx-oftl+do(Hoek of Said Sowil of superviware, b I7aa4V4A&_ on SEP 81581 Orig: Director of Personnel Employee Relations Officer cc: County Administrator County Counsel Auditor-Controller Professional and Technical Employees RESOLUTION NO. 81/1049 4 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND PROFESSIONAL & TECHNICAL EMPLOYEES, LOCAL 512, AFSCME, AFL CIO 1981 - 1983 9 0 419 L s E 4 t Memorandum of Understanding Between Contra Costa County and Professional & Technical Employees, Local 512, AF"SCME, AFL - CIO 1981 - 1983 . Tables of Contents Section ?Me Definitions 1,2 & 3 1 Union Recognition 3 2 Union Security 3,4,5,6 3 No Discrimination 6 4 Shop Stewards & Official Representatives 6 & 7 5 Salaries 7 - 13 6 Days & Hours of Work 13 7 Overtime & Compensatory Time 13 8 Call Back Time 15 9 On Call Duty 15 10 Income Maintenance Program Unit 16 11 Shift differential 16 12 Separation through Layoff 17 - 20 13 Holidays 20 & 21 14 Vacation Leave 22 & 23 15 Sick Leave 23' - 28 16 Worker's Compensation 29 17 Leave of Absence 29 & 31 18 Jury Duty & Witness Duty 31 & 32 19 Health, Welfare, Life & Dental Care 32 - 34 19.1 Carriers 32 19.2 Substitute Plans 32 Rates 32 & 33 Medicare 33 Increased Costs 33 Administration 33 Medical Leave 33 Retirement 34 Memorandum of Understanding Between Professional and Technical Employees, Local 512, AFSCME, AFL-CIO 1981 - 1983 Table of Contents Page two Section Title Pa e 20 Probation Period 34 21 Promotion 36 & 37 22 Transfer 37 & 38 23 Resignations 38 & 39 24 Dismissals, Suspensions & Demotions 39 - 41 25 Grievance Procedure 42 - 44 26 Bilingual Pay 44 27 Retirement Contribution 45 28 Classification 45 29 Training Reimbursement 45 30 Safety Shoees & Prescription. Safety Eyeglasses 45 31 Safety 45 32 Mileage 46 33 Staggered Work Schedule 46 34 Mead Periods 47 35 Performance Evaluations 47 36 Disciplinary Actions 47 37 Personnel Files 47 & 48 38 Service Awards 48 39 Requirements for Reassignment 48 40 Unfair Labor Practice 48 41 Length of Service Definition 49 42 Permanent Part Time Employee Benefits 49 43 Permanent Intermittent Employee Benefits 49 44 Permanent Intermittent Employee Health Plan 49 45 Provisional Employee Benefits 49 46 Flexible Workweek 49 47 Rotational Advisory Committee 50 48 Classification Studies 50 49 Adoption 50 50 Duration of Agreement 50 51 Engineering Technician Training Program 50 52 Scope of Agreement & Separability of Provisions 51 53 Personnel Management Regulations 51 54 Past. Practices & Existing Memoranda of Understanding 51 Attachment A Exhibit B. Exhibit B (page two) Memorandum of Understanding Between Contra Costa County And Professional and Technical Employees, Local 512, 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 Code 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. "Appointing Authority" means Department Head. B. "Class" means 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 position 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 deep classifications. 1 F. "Director of Personnel" means the person designated by the County Administrator to serve as the Assistant County Administrator-Director of Personnel. C. "Eligible" means any person whose name is on an employment or reemployment or layoff list for a given class. H. "Employee" means a person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this Memorandum of Understanding and whose position is held pending 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. "Project 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. "Deallocation" 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. 2 // Q` 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 Blass on the basis 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. Engineering Technician Unit B. Income Maintenance Program Unit Section 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 18 of the 1977-1979 Memorandum of Understanding between the County and Associated County EmployeestAFSCME shall be continued for the duration of this Memorandum of Understanding. 3 ,?I/ia i/i�► 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 dues deduction check sent to the Union. If the employee does not notify the County in writing of the decision not to become a member within. the thirty (30) day period, he/she shall be deemed to have voluntarily agreed to pay the dues of the Union. Each such dues 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 Membership. 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 With Employees. The Union shall be allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of offices in which there are employees represented by the Union, provided the communications displayed have to do with matters within the scope of representation and further provided that the employee organization appropriately posts and removes the information. The department head reserves the right to remove objectionable materials after consultation with the Union. 4 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. 2.5 Use of County, Mail System. 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. . i f t ({ff Py The administrative official responsitic 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. on a 'public agenda, or the mailing of a copy of a proposal at least seventy-two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four (24) hours before the item will be heard, shall constitute notice. In cases of emergency when the Board, or boards and commissions designated by the Board, determines it must act immediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical after its action. 2.9 Written Statement for New Employees. The County will provide a written statement to each new employee hired into a classification in any of the bargaining units represented by the Union, that the employee's classification is represented by the Union and the name of a representative of the Union. The County will provide the employee with a packet of information which has been supplied by the Union and approved by the County. Section 3 No Discrimination There shall be no discrimination because of race, creed, color, national origin, sexual orientation or Union activities against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable State and Federal law there a:,Rll be no dimcr•imination because of age. There shall be no discrimination against any handicapped person solely because of such handicap unless that handicap prevents 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. Section 4 Shop Stewards and Official Representatives 4.1 Attendance at Meetings. Employees designated as shop stewards or official representatives of the Union shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: A. If their attendance is required by the County at a specific meeting; B. If their attendance is sought by a hearing body or presentation of testimony or other reasons; 6 //AO 4.19 C. If their attendance is required for meeting required for settlement of grievances filed pursuant to Section 23 (Grievance Procedure) of this Memorandum; D. If they are designated as a shop steward, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance; 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 partioular"employea(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 on 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 1, 1982 the salary range for each classification shall be increased by 8% of 77 levels 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 (1987)=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 (i2%) 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 schedule. 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. !/'{/0 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 availabili-ty 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 hates. 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, Reallocation and Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary range or to a salary range which is within five (5) percent of the top step of the previous classification, remains unchanged. D. Reemployments. 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. 8 +t/to A19 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 those of employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5.3 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. reoommend 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 shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the County. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 5.6 Part-Time Compensation. A part-time employee shall be paid a monthly salary in the same ratio to the full-time monthly rate to which the employee would be entitled as a full-time employee under the provisions of this Section 5 as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the full-time work schedule of the department. 5.7 Compensation for Portion of Month and Permanent Intermittent Compensation. Any employee who works less than any full calendar month, except when on earned vacation or authorized sick leave, shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked' is to the actual working days in such employee's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis, which is calculated on the number of hours in the month worked plus five (5) percent above the salary step earned. 9 ?///o 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 ease shall any employee be compensated at less than the first step of the range to which the class is allocated. B. In the event that a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the salary schedule, apart from the general salary increase or. decrease described in 5.9A 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. C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as above or below the salary range of the employee's previous class, . the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallocation. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the incumbent shall be placed at the step which is next lower than the salary received in the old range. 10 P/Ild (/9 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 M) 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 (5%) less than the next lower step, provided, however, that the next step shall not be less than the minimum salary for the lower class. Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted employee shall be that step on the salary range which he/she would have achieved had he/she been continuously in the position to which he/she has been demoted, all within-range increments having been granted. 5.12 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a position in a olass -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. 11 5.14 Pay for Mork in Higher Classification. When an employee in a permanent position in the merit system is required to work in a classification for which the compensation is greater than that to which the employee is regularly assigned, the employee shall receive compensation for such work at the rate of pay established for the higher classification pursuant to Subsection 5.10 Salary on Promotion of this Memorandum, 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. 12 ,'//© 5.15 PaMent. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the preceding month; provided, however, that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his/her warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3) 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. Section 6 Das and Hours of Work The normal work week of County employees is forty (40) hours between 12:01 a.m. Monday to 12:00 midnight Sunday, usually five (5) ei&s.-i,rmr 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 operational cycle, and the department head shall prepare written schedules in advance to support all deviations, the schedules to encompass the complete operational cycle contemplated. The work week for employees in the ,r4-1£3" 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 "440" shift anis 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 other special differentials) . . Overtime for permanent employees is earned and credited in a minimum of one-half hour increments and is compensated by either pay or compensatory time off. 13 ///0�!Q 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. H. 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 (26-2/3) hours at time and one-half). Effective September 1 , 19$1 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) hours. E. Accrued compensatory time off shall be carried over for use in the next fiscal year; however, as provided in D above, accrued compensatory time off balances may not exceed one-hundred twenty (120) hours. F. Employees may not 'use more than one-hundred twenty (120) hours of compensatory time off in any fiscal year period (July 1 —June 30). 14 I/ha 4/9 G. The use of accrued compensatory time off shall be by mutual agreement between the Department Head or his/her designee and the employee. Compensatory time off shall not be taken when the employee should be replaced by another employee who would be . eligible to receive, for time worked, either overtime payment or compensatory time accruals as provided for in this Section. This provision may be waived at the discretion of the department head or his or her designee. H. When an employee promotes, demotes or transfers from one classifi- cation eligible for compensatory time off to another classification eligible for compensatory time off within .the same deruertment, the employee's accrued compensatory time off balance will be carried forward with the employee. I. Compensatory time accrual balances will be paid off when an employee moves from one department to another through promotion, demotion or transfer. Said payoff will be made in accordance with the provisions and salary of the class from which the employee is promoting, demoting or transferring as set forth in J below. J. Since employees accrue compensatory time off at the rate of one and one-half(1-1/2) hours for each hour of authorized overtime worked, accrued compensatory time balances will be paid off at the straight time rate (two-thirds ('2/31 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 Baok Time Any employee who is called back to duty shall be paid at the appropriate rate for the aotua,l. 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 oall. 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 (lp) minutes notice or lees. 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-oall arrangements exist, the Department Bead shall designate which employees are on-oall unless otherwise provided in the supplemental sections of this Agreement. 15 //toy'? Section 10 Income Maintenance Program Unit Sections 7, 8 and 9 do not apply to the Income Maintenance Program Unit. Employees in this unit will continue to be credited with five (5) days of paid personal leave to recognize both the fact that these employees do not receive payment for overtime and the unavailability of compensatory time off for this group of-employees. Said five (5) days must be used during the calendar year in which credited and may not be carried forward. This paid personal leave is separate from paid vacation and will.be- accounted for accordingly. Upon separation from County service, there shall be no payoff for unused personal leave credits. Administration of paid personal leave shall be administered in accordance with the provisions of Administrative Bulletin 323. Employees occupying positions in classifications in the Income Maintenance Program Unit as of November 30, 1979, shall continue to be covered by the disability income protection plan while employed in such classifications. Any person hired into a position in a classification of this representation unit on or after December 1, 1979, shall not be covered by this disability income pro- tection plan. Section 11 Shift Differential In the hours which qualify for shift differential, employees shall receive five percent (5%) above their base salary rate. To qualify for shift differential, an employee must have a regularly assigned daily work schedule which requires: A. Completion of more than one and one-half (1-112) 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. 16 / d ' Section 12 Separation Through Layoff 12.1 Grounds for Layoff. Any employee6s) having permanent status in position(s5 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 12.2 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. 12.3 Layoff by Displacement. A. . In the same class. A laid off permanent full-time employee may dis- place 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. 12.4 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 lower 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. 17 12.5 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 cf 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. 12.6 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. 12.7 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. 15 ,V///©V9 12.8 Duration of Layoff and Reemployment Rights. The name of any person laid off or granted reemployment privileges after application shall continue on the appropriate 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. 12.9 Certification of Persons From La off Lists. Layoff lists contain the name(s) of person(s5 laid off, displaced or demoted by ,diaplacement 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 Sections 20.7 and 20.8 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. 12.10 Removal of Names from Layoff Lists. The Director of Personnel may remove the name of any eligible from a reemployment or layoff list for any reason listed below: A. For any cause stipulated in Section 404.1 of the Personnel Management Regulations. B. On evidence that the eligible cannot be located by postal authorities. C. On receipt of a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for-appointment in the class. D. If three 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 departments if the class has permanent positions in more than one department have failed to result in selection and appointment. 1 12.11 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. Section -13-Holidays 13.1 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 Board of Supervisors may by resolution designate as holidays. B. Effective May 1, 1982, 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 13.1 (A) above. 20 13.2 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; oonversely, such employees will not receive credit for any holiday not observed by employees on the regular adhedule even though they work the holiday. C. Employees will be paid one and one-half (1-1/2) times their basic salary rate for holidays actually worked. 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 13.1 (A) above falls on a Saturday, it shall be celebrated on the preceding Friday. If any holiday listed in Section 13.1 (A) falls on a Sunday, it shall be celebrated on the following Monday. 13.3 Permanent Part-Time .Enloyees shall receive-holiday credit in the same ratio to the holiday credit given full-time employeeis 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 sohedule, regardless of whether the holiday falls on the part- time employee's regular work day. 13.4 "4-10" Shift - Holida s 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 "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. 13.5 Accrual of Holiday Time. Employees entitled to overtime credit in positions which work around the olock 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. 21 who VI? 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-}) times the actual hours worked to a maximum of eight (8) hours worked by the employee. 4. Holiday time may not be accumulated in excess of two-hundred eighty-eight (288) working hours. Holiday time may be accrued up .to 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 Head. 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. Section 14 Vacation Leave 14.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour calculated on the same basis as for partial month compensation pursuant to Section 5.6 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 allowed in excess of actual accrual at the time vacation is taken. 14.2 Vacation Accrual Rates. For employees hired prior to September 1 , 1979 the rates at which vacation credits accrue and the maximum accumulation thereof, are as follows: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 11 years 10 240 11 years . 10-2I3 256 12 years 11-1I3 272 13 years 12 288 14 years 12-213 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2I3 400 25 through 29 years 20 480 30 years and up 2.3-113 560 22 :9l/!O,vf For employees hired on or after September 1 , 1979r the rates at which vacation credits accrue, and the maximum accumulation thereof, are as follows: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 5 years 6-2/3 160 5 through 10 years 10 .240 11 years 10-213 256 12 years 11-1/3 272 13 years , 12 26$ 14 years 12-2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 460 25 through 29 years 20 480 30 years and up 23-1/3 560 14.3 No employee vho 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. 14.4 Vacation Allowance for Separated Emtalo ees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 14.5 Preference of vacation shall be given to employees according to their seniority in their department as reasonably as possible. 14.6 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 15 Sick Leave 15.1 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. 15.2 Sick leave credits accrue at the rate of eight (8) working hours credit for each completed month of service. Employees who, work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one- 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. 23 -0/ho l/f Upon retirement, an employee's accumulated sick leave shall be converted to 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 15, 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 requirements 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: 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 stat-ment' 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. 24 //0 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. F. Emergency Care of Family* An employee may use paid sick leave credits (up to twodays, unless the Department Mead approves more) for working time used in oases 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 care 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-work because of a death in the employee's immediate family, but this shall not exceed three (3) working days plus up to two (2) days of work time for necessary travel. F 25 15.3 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. kation. 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 but 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. 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. 15.4 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 26 -0/! d iVJ 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 nick 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 goad cause and subject .to the employee's duty to .mitigate damages. D. Before an employee returns to work from any absence for illness or injury, other leave of absence or disability leave, exceeding two weeks in duration, the appointing authority may order the employee to undergo at County expense a physical, medical, and/or psychiatric examination by a licensed physician, andmay consider a report of the findings on such examination. Ir 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 15 and 16 shall be coordinated with the rehabili- tation program as determined by the labor-management committee. 15.5 For the purposes of this Section 15, , the immediate family shall be restricted to the spouse, son, stepson, daughter, stepdaughter, father, stepfather mother, stepmother, brother, sister, ,grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, or sister-in-law, brother-in-law, of an employee. 15.6 No employee who has been granted a leave without pay or an unpaid military leav'e 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. 15.7 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: 27 1 . Integration with State Disability is automatic and cannot be waived. 2. The amoiant 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. In the event an employee is not eligible for sick leave credits from the County, there will be no integration and the employee shall not return State Disability Insurance benefits to the County.. 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 nearest one-half (J) 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. Section 15.7 does not apply to the Engineering Technician Unit. 28 Section 16 '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 will be considered as the last day worked for purposes of determining 'Workers' Compensation benefits. S. 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 be charged to the employee's sick leave and/or vacation accruals. In order to qualify for Workers' Compensation the employee must be under the care of a physician. Temporary compensation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds twenty-one (21) days. A permanent employee shall continue to receive full regular salary during any period of oompensable 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 State 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 in 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 job connected injury. Section 17 Leave of Absence 17.1 Leave 'Without_ Pay. 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. 29 Requests for leave without pay shall be made upon forms prescribed by the Director of Personnel and shall state specifically the reason for the request, the date when it is desired to begin the leave and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1 ; Illness or disability; 2. pregnancy; 3. to take a course of study such as will 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. 17.2 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 law. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind what- soever. 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 aecured at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the 'Director of Personnel may deem necessary. 30 17.3 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 absenoe, shall be reinstated to that classification and department. In case of severance from service by reason of the reinstatement of a permanent employees-the provisions of Section 11 (Layoff and Seniority) shall apply. 17.4 Salar Review While on Leave of Absence. The salary, of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from.the position on leave without pay more than six (6) months during the preceding year shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. 17.5 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 18 Jury Duty and Witness Duty 18.1 Jury Duty. If called for jury duty in a Municipal, Superior, or Federal Court, or for a Coroner's jury, employees may remain in their regular pay status, or 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 s 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 jury 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 jury duty. Permanent intermittent employees are entitled paid jury duty leave only for those days on which they were previously scheduled to work. 18.2 Witness Duty. ' Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work' of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to them, other than mileage allowance, or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations) .shall take vacation leave or leave without pay and retain all witness fees paid to them. 31. f Ill's 9 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 1-9 Health and Welfare, Life and Dental Care 19.1 The County will continue the existing County Group Health Plan program of oombined 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. ealth'Plan to all permanent employees regularly scheduled to work twenty (20) or more hours per week. 19.2 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 plana before they are implemented. During the term of this Memorandum of Understanding, the County intends to seely 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 Group 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 $ 46, $" (No Medicare) 54-83 Family 107.84 119.84 (No Medicare) Blue Cross option Employee Only 70.79 78.79 (No Medicare) Family 121 .84 133.84 (No Medicare) 32 ?///(1,/'9 Centra Costa Health Plan Option Employee Only 47.93 55.93 (No Medicare) .Family 112.41 124.41 (No -Medicare) Heals Health Pian Option Employee Only 60.00 6$.,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 Fart 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 rests 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. 33 .`//10 ' ` 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. 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 20 Probationary Period . 20.1 Duration. All appointments from officially promulgated employment lists for original entrance or promotion shall be subject to a probationary period. This period shall be from six (6) months to two (2) years duration. 20.2 Listed below are those classes represented by the .Union which have probation periods in excess of six (6) months. None 20.3 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. 20.4 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. 20.5 Resection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. A. Appeal from resection. Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based on political, or religious or union activities, or race, color, national origin, sex, age, handicap, or sexual orientation. B. 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 Merit Board by 5.00 p.m. on the 7th calendar day after the date of delivery to the employee of notice of rejection. 4 C. The Merit Board ahall' consider the appeal, and if it finds probable cause to believe that the rejection may have been based on grounds prohibited in subsection (A) , it may refer the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and deciaion, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If, after hearing, the Merit Board upholds the appeal, it shall direct that the appellant be reinstated in the position and the appellant shall begin a new probationary period unless the Merit Board specifically reinstates the former period. 20.6 Regular Appointment. The regular appointment of a probationary employee shall begin on the day following the and 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 20.5A. 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. Notwithstanding 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 ap,iointing authority by whom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 35 ?//t0 4009 20.7 Layoff During Probation. An employee who is laid off during probation, if reemployed in the same class by the same department, shall be required to complete only the balance of the required probation. If reemployed in another department or in another classification, the employee shall serve a full probationary period. An employee appointed to a permanent position from a layoff or reemployment list is -subject to a probation period if the position' is in a department other than the department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 20.8 Rejection During Probation of Layoff Employee. An .employee who has achieved permanent statue in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list,- unless discharged for cause, if the person is within the period of layoff eligibility. The employee shall begin a new probation period if subsequently certified and appointed in a different department or classification than that from which the employee was laid off. Section 21 Promotion 21.1 Promotion shall be by competitive examination unless otherwise provided in this Memorandum of Understanding. 21 .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. 21 .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. 21 .4 Promotion via Reclassification without Examination. Notwithstanding other provisions of this Section, an employee may be promoted from one classification to a higher classification and his/her position reclassified at the request of the appointing authority and under the following conditions. A. An evaluation of the 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 suer action. 36 The appropriate rules regarding probationary status and salary on promotion are applicable. 21 .5 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. If an employee who is qualified on a promotional employment list is separated from the merit system, except by layoff, the employee's name shall be removed from the promotional list. 21 .6 Seniority Credits. Employees :wto have qualified to take promotional examinations and who have earned a total "score, not including seniority credits, of seventy percent ,(70$) or more, shall receive, in addition to all other credits, five ane-hundredths of one percent ( .0%) 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 (5x) credit for seniority.in any promotional examination. 21 .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 given to the 'Union in writing. 21 .8 Permanent employees shall be "granted release time from work without lass 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 22 Transfer 22.1 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. 22.2 Any employee or appointing authority who desiresto 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. 37 22.3 The Personnel Director will send to all departments an updated transfer list on a monthly basis. 22. 4 Reassignment of Work Location. Employees desirous of reassignment to a position in the same classifioation 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 .deeired 'work location and relative length of service, of the applicants for a particular looation. .' 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. Section 23 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. Oral 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. 23.1 ResIgnation inClod Standing. A resignation giving the appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 23.2 Constructive Resignation. A constructive resignation occurs and is effective when: A. An employee has been absent from duty for 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. 23.3 Effective ResijMtion. A resignation is effective when delivered or ;spoken to the appointing authority, operative either on that date or another date specified. 23.4 Revocation. A resignation that is effective is revocable only by written concurrance of the employee and the appointing authority. 23.5 Coerced Resignations. A. Time Limit - A resignation which the employee believes has been ooerced 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. 38 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 lose 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 25 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. 23.6 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 accor- dance with the provisions of Section 12.10 of this Memorandum of Understanding. Section 24 Dismissal, Suspension and Demotion 24.1 The appointing authority may dismiss, suspend or demote any employee for cause. The following are sufficient causes for suoh action; the list is indicative rather than inclusive of restrictions and dismissal, suspension or demotion may be based on reasons other than those speeifically.mentioned: 1. absence without leave, 2. conviction of any criminal act involving moral turpitude,. 3. conduct tending to bring the merit system into disrepute, 4. disorderly or immoral conduct, 5. inoompentenoe 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, 39 8. 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. 24.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before taking a disciplinary action to dismiss, suspend for more than five (5) work days (four [4] work days for employees on "4-10" work week) , or demote an employee, the appointing authority shall cause to be served personally or by certified mail on the employee, a Notice of Proposed Action, which shall contain the followings 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. MR10yee_Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or during any extension, the right to respond is lost. 24.3 Leave Pending Em to ee Res onse. Pending response to a Notice of Proposed. Action within the first seven 7) days or extension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 24.4 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 24.5 below. Q 24.5 Notice of Suspension Without PM Due to Pending 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 contain the following: A. A-statement that the employee is suspended while criminal charges are pending or until the charges are dismissed. 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 M. ealendar 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 24.2. F. An appointing authority, upon giving; notice as provided in this Section 240 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. 24.6. Procedure on Dismissal, Suspension or Disciplinary Demotion. A. In any disciplinary action to dismiss, suspend, or demote an employee having permanent status in a position in the merit system, after having complied with the Skelly requirements where applicable, the appointing authority shall make an order in writing stating specifically the causes for the, action.' B. Service of Order. Said order of. dismissal, suspension, or demotion shall be filed with the Director of 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. 41 C. Emaloyee Agpeals from Order. The employee may appeal an order of dismissal, suspension or demotion either to the Merit Board or through the procedures of Section 25 Grievance Procedure of this Memorandum of Understanding 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 25 of this Memorandum of Understanding. Section 25 Grievance Procedure 25.1 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 occuranee 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 written 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 a 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 and respond in writing. D. Step 4 - No grievance may be processed under this Section which has not first been filed and investigated in accordance with 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 42 P1d 419 t Union presenting this grievance, and three (3) representatives of the County, no more than two (2) of whom shall be either an employee of the County or a member of the staff of an organization employed to represent the County in the meeting and conferring process. E. Step 5. If an Adjustment Board is unable to arrive at a majority .decision, either the employee or the County, when alleging a violation of Section 25.5 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 party, however, shall bear the costs of its own presentation, including preparation and post hearing .briefs, if any. 25.2 Sco a 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 25.1 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 25.1 (C) above, or the Adjustment Board in pursuance of the provisions of Subsection 25.1 (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. 25.3 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. 25. 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. 43 ?///,0 4f 25.5 Compensation Comt)laints. 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. No change in this Memorandum of Understanding or' interpretations -thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Union. 25.6 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. 25.7 Merit Board. (a) All grievances of employees in representation units represented by the Union shall be processed under Section 25 unless the employee elects to apply to the Merit Board on matters within its jurisdiction. (b) No action under paragraph (c), (d) and (e) of Subsection 25.1 above shall be taken if action on the complaint or grievance has been taken by the Merit Board, or if the complaint or grievance is pending before the Merit Board. 25.8 The Union may file a grievance at step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this Memorandum of Understanding. 25.9 Disputes over whether a grievance exists as defined in Section 25.1 shall be resolved through the grievance procedure. 25.10 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 26 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 required to translate without pay except in emergency situations. 9t//d i1* ' Section 27 Retirement Contribution Pursuant to Government Code Section 31581 .1 , the 'County will continue to pay fifty percent (50%) of the retirement contributions normally required of employees . Such payments shall continue for the duration of this 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 Employe ' Retirement Association without the County paying any part of the employees share. The County will pay the remaining one-half (112) of the retirement cost-of-living program contribution. 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 approval by the Board of Supervisors. The County will meet and confer with the Union on the minimum qualifications and salary of new classes. If the County wishes to add duties to classes represented by the 'Union, the Union shall be notified, and upon request of Union representatives of the County, will meet and consult with the Union over such duties. Section 29 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 30 Safety Shoes and Prescription Safety Eyeglasses The County shall reimburse employees for safety shoes and prescription safety eyeglasses in those classifications the County has determined eligible for such reimbursement. The County will reimburse eligible employees for safety shoes in an amount not to exceed twenty dollars ($20.00) per pair to a maximum of two (2) . pair in any year. The County will reimburse eligible employees- for prescription safety eyeglasses which are approved by the County and are obtained from such establishment as required by. the County up to one pair per year. Section 31 Safety The County shall expend every effort to see to it that the work performed under the terms and conditions of this Memorandum of Understanding is performed with a maximum degree of safety consistent with the requirement to conduct efficient operations. The Union may recommend safety guidelines, regulations, training programs and necessary corrective actions concerning conditions associated with the, work environment. Representatives of the Union may want to discuss with cert.ain ,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. 4. �l j1'�1d4t9' Section 32 Mileage Effective August 11 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 :y 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 Seleeted .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 (10) 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. 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 33Staggered Work Schedule The Social Service Department shall continue to operate a staggered work schedule plan. Office hours shall remain open to the public from 8:00 a.m. to 5:00 p.m. , Monday through Friday. Permanent full-time employees shall have the option to select, subject to prior approval of the department, an eight-hour day, forty- hour workweek schedule consisting of work hours which may be other than the normal 8:00 a.m. to 5:00 p.m. or 4:30 p.m. work schedule. The following shall serve as the basic criteria for the staggered shift: A. All employees must be present at their office or otherwise engaged in the duties of their position during the core hours of 10.00 a.m. and 3.30 p.m. B. Work schedules must remain within the hours of 7:00 a.m. and 7:00 p.m. C. The selected staggered work schedule shall' oonsist of the same hours of work each day except for when a schedule including one varying eight hour workday is necessary to provide "officer of the day" coverage or for other specific circumstances in which the department determines that such a varying schedule is approriate. The decision of the department head or designee shall be final. D. Each employee's proposed staggered schedule must be submitted' in writing and approved by the Department Head or designee prior to, implementation. kb ?///,o E. Changes in staggered schedules shall be requested in writing and must have the approval of the Department Head or designee prior to implementation. F. Conflicting requests for schedules shall be resolved by the Department Head or designee whose decision shall be final. G. It is understood that an individual employee's schedule may be changed due to the needs of the department. H. In the event this staggered scheduling provision is found by the department to be .inconsistent with the needs of the department, the department shall so advise representatives of the Union and the County and the Union shall meet and confer in an attempt to resolve the inconsistency. Section 34 Meal` Periods Representatives of the Union may discuss varying meal periods (e.g. one-half 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 35 Performance Evaluation In those instances when there is a written performance evaluation of an employee and the employee is requested to sign the evaluation, the employee shall receive a copy of the evaluation if she/he so requests. Section 36 Disciplinary Actions If the employee so requests in writing, a copy of any written disciplinary action affecting an employee shall be furnished to the Union. Section 37 Personnel Files Employees shall have the right to inspect and rev16; any official record(s) relating to his or her performance as an employee. or to a grievance concerning the employee which is kept or maintained by the County in the .employee's personnel file in the 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 .ha.ve 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. 47 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 38 Service Awards The County shall continue its present policy with respect to service awards including time off; provided, however, that the type of award given shall be At the sole discretion of the County. Section 39 -Request -for Reassignment 'The Social Service Department shall continue the vacancy information system which lists vacant positions which the department has determined will be filled by intradepartmental reassignment. Positions shall be listed for five (5) working days in department offices prior to filling the position. Permanent full-time employees desirous of reassignment to a position in the same classification at another work location should submit a request in writing to the Social Service Department personnel office. Such request will stay in effect for 90 days from the date it is submitted. When it is determined that a vacant position may be filled by intradepartmental transfer, the department will determine from which district the transfer may be made based upon the amount and nature of work, and the names of people from that/those district(s) in the appropriate classification who have indicated .a desire to transfer to that location will be submitted to the supervisor who will make a selection. In the event three (3) names are not available through this process, then the gaining supervisor may request additional names from the reemployment/eligible list. In the event an involuntary reassignment must be made, the department will determine the district from which this employee will come, based on workload statistics, and the least senior employee in that district in the appropriate classification will be transferred. If a vacancy occurs in the same class and in an office from which an individual was involuntarily reassigned the Department shall offer the position to the person who was involuntarily re- assigned. If the employee declines the offer, he or she will not be considered for any future vacancies except under the procedures outlined above. 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. 48 Section 41 Length of Service Definition (for service awards and vacation accruals) The length of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary, provisional, and permanent status, and absences on approved leave of absence) . When an employee separates from a permanent position in good standing and within two years is reemployed in a permanent County position, service credits shall include all credits accumulated at time of separation, but shall not 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 corresponding premium rates providing they work at least 50% of full time. Tf 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 if combined medical, dental and life insurance coverage wholly at the employee's expense. The County will not contribute to the employee's monthly premium. The employee will be responsible for paying the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and immediate withdrawal from the County Group Health Plan and reinstatement may only be effectuated during the annual open enrollment period. Section 45 Provisional jftployee Benefits Provisional employes, 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 , 1981 , 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 Plan and reinstatement may only be effectuated during the annual open enrollment period. Section 46 Flexible Workweek The Public Works Department shall continue a flexible forty hour workweek for Engineering Technicians assigned to the office. Crucial to the continuance of the flexible forty hour workweek will be the impact on service to the public. 49 cillo qq Section _47 Rotat�, aal Advisory Committee The Engineering Technician rotational advisory committee shall be continued through 1981-1983 and will meet, at a minimum, on a quarterly basis. The committee shall consist of two Engineering Technicians to be selected by the Engineering Technicians, and designated management representatives. The meetings may include a representative of the Onion. The committee shall discuss Engineering Technician rotation, safety and training needs,- and related matters including training classes to familiarize Engineering Technicians with positions to which they may rotate. 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: Time of Completion From Class(es) and/or Date Received in Position(s) .Issue Personnel Office (P300) Engineering Technicians To study the feasability July 1 , 1982 of creating a deep class Engineering Technician IV To study need for higher December 1, 1981 level class Section 42 Adoption The provisions of this Memorandum of Understanding shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. Section 50 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 51 Engineering Technician Training Program Representatives of the Public Works Department and representatives of the Engineering Technicians shall meet prior to November 1, 1981 to discuss a training program for Engineering Technicians. 50 8/1!A Y'9 Section 52 Soo a &reement and Separability of Provision 52.1 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 change herein, provided that nothing herein shall prohibit the parties from changing the terms of this Memorandum of Understanding by mutual agreement. 52.2. Separability of Erovisions. 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. Section 53 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. Section 54 Past Practices and ExistiM 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, 1953, 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, 1982 in order to be considered a past practice pursuant to this provision. Date: PROFESSIONAL AND TECHNICAL EMPLOYEES, CONTRA CASTA COUNTY LOC 5120 AFSCME, 11 -CIO , By By By By B ' By , v ,te � .r' 51 �I//V4� Attachment A Professional and Technical Employees, AFSCME, Local 512, AFL-CIO and the County have met and conferred in good faith regarding wages, hours and other terms and conditions of employment-for employees in project classes which except for the project designation would be represented by Professional and Technical Employees, AFSCME, Local 5129 AFL-CIO. For example, Engineering Technician I is represented by Professional and Technical Employees, therefore, it has been agreed that Engineering Technician I-Project will also be represented by Professional and Technical Employees. Other Project classes that are not readily identifiable as properly included in bargaining units represented by Professional and Technical Employees shall be assigned to bargaining units in accordance with the provisions of Section 34-12.015 of 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 Professional and Technical Employees in the following respects. 1. . Project employees are not covered by the Merit System. 2. Project employees may be separated from service at any time without regard to the 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. .0!/d 4/9 EMBIT B Class & Salary Listing Engineering Technician Unit Class Code Level Salary Rare Class Title NSWA H1-966 1194 - 1451 Engineering Technician I NSVA H2-077 1331 - 1618 Engineering Technician II NSTD H2-230 1551 - 1885 Engineering Technician III NSTE H2-386 1813 - 2203 Engineering Technician IV NSTB H2-386 1813 - 2203 Engineering Technician IV- Construction NSTA H2-386 1813 - 2203 Engineering Technician IV Office NSTC H2-386 1813 - 2203 Engineering Technician IV- Surveys N9SC H2-472 1975 - 2401 Hydrographer E MBIT B (pg. 2� Class & Salary Listing Income Maintenance Program Unit Cade Level Salary HaUe Class Title XHHA H2-156 $1440 - 1751 Eligibility Work Supervisor I XLSC H2-335 $1723 - 2094 Eligibility Training Specialist XHGA H2-335 $1.723 - 2094 Elibility Work Supervisor II XLSB H2-335 $1723 r 2094 Income Maintenance Program Specialist