HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-1063 IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
1981-1983 Compensation for Employees
in Units Represented by Social Services RESOLUTION NO. 81/1064
Union, Local 535
The Contra Costa County Board of Supervisors RESOLVES THAT:
1. On September 15, 1981, the Employee Relations Officer submitted the
Memorandum of Understanding dated September 14, 1981, entered into with
Social Services Union, Local 535 and the following units represented by the
Union:
Social Services Unit
Community Services Unit
2. This Board having thoroughly considered said Memorandum of Understanding,
the same is approved.
3. Salaries and Terms and Conditions of Employment, Social Services
Union, Local 535. The Memorandum of Understanding with Social Services Union,
Local 535 is attached hereto, marked Exhibit A; and Section Numbers 1
through 52 inclusive and Attachments A and B are incorporated herlin 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 15, 1981, unanimously by the Supervisors present.
(Supervisor Fanden absent)
CERTIFIED COPY
Y certify that this Is a full, true & correct COPY Of
tate original document which is on file in my office.
and that it was Passed & adoptad by the Board of
Supervisors of Contra Costa Coun;.v. Cazifornla, on
the date shown. ATTEST: J. R. CLISON, County
Clerk&ex-officio Clerk of said Board of 9unorvlsors,
by Deputy Clerk.
Orig: Director of Personnel
Employee Relations Officer
cc: County Administrator
County Counsel
Auditor-Controller
Social Services Union, Local 535
RESOLUTION NO. 81/1064
, r
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SOCIAL SERVICES UNION, LOCAL 535
1981 -- 1953
Memorandum of Understanding
Between
Contra Costa County
and
Social Services Union, Local 535
1981 - 1983
TABLE OF CONTENTS
Sectior Page
Definitions 1, 2, 3
1 Union Recognition 3
2 Union Security 3
3 No Discrimination 7
4 Shop Stewards & Official Representatives 6
5 Salaries 7
6 Days & Hours of Work 12
7 Overtime & Compensatory Time 12-14
8 Call-Back Time 14
9 On-Call Duty 15
10 Shift Differential 15
11 Union Notification of Layoff 15
12 Holidays 16
13 Vacation Leave 17
14 Sick Leave 18-24
15 Leave of Absence 24
16 Jury & Witness Duty 26
17 Health, Welfare, Life & Dental Care 27
18 Probationary Period 29
19 Promotion 31
€ 20 Transfer 32
21 Resignations 32
22 Dismissals, Suspensions & Demotions 34
23 Grievance Procedure 36
24 Bilingual Pay 39
25 Retirement Contribution 39
26 Training Reimbursement 39
27 Mileage 39
28 Childrens' Protective Services Respite
Leave Without Pay 40
29 Mental Health Screening Differential 40
30 Convertorship Differential 40
Table of Contents
Page two
Section Page-,
31 Part-Time Differential 40
32 Severance Pay 40
33 Notice of New Employees 41
34 Personnel Actions 42
35 Safety Programs 43
36 Flexible Staffing 43
37 Career Ladder 44
38 Workload Distribution 44
39 Reassignment 45
40 Staggered Work Schedule 46
41 Reimbursement for Meals Expenses 48
42 Modification and Decertification 49
43 Length of Service Definition 49
44 Service Awards 50
45 Permanent Part-Time Employee Benefits 50
46 Permanent Intermittent Employee Benefits 50
47 Permanent Intermittent Health Plan 50
48 Provisional Employee Benefits 50
49 Unfair Labor Practice 50
50 Adoption 5l
51 Scope of Agreement & Separability of Provision 51
52 Past Practices & Existing Memoranda of
Understanding 52
Attachment A 53
Attachment B 54--55
001/!v
Memorandum of Understanding
Between
Contra Costa County
And
Social Services Union, Local 535
This Memorandum of understanding is entered into pursuant to the authority
contained in Division 34 of the Centra 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 unless otherwise
provided by statute or ordinance.
B. "Class" means a group of positions sufficiently similar with
respect to the duties and responsibilities that similar selection
procedures and qualifications may apply and that the same
descriptive title may be used to designate each position allocated
to the group.
C. "Class Title" means the designation given to a class, to each
position allocated to the class, and to the employees allocated
to the class.
D. "Count " 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.
F. "Director of Personnel" means the parson designated by the County
Administrator to serve as the Assistant County Administrator-Direetor
of Personnel.
G. "Eligible" means any person whose name is on an employment or
reemployment or layoff list for a given class.
H. _"Emplo eeee" 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 Pant-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. "Pro Pot Em loyee" means an employee who is engaged in a time
limited program or service by reason of limited or restricted
funding. Such positions are typically funded from outside sources
but may be funded from County revenue.
0. "Promotion" means the change of a permanent employee to another
position in a class allocated to a salary range for which the top
step is higher than the top step of the class which the employee
formerly occupied, except as provided for under "Transfer" or as
otherwise provided for in this Memorandum of Understanding, in the
Personnel Management Regulations, or in specific resolutions
governing deep classes.
P. "Position" means the assigned duties and responsibilities calling
for the regular full--time, part-time or intermittent employment of
a person.
Q. "Reallocation" means the act Of reassigning an individual position
from one class to another class at the same range of the salary
schedule or to a class which is allocated to another range that is
within five (5) percent of the top step, except as otherwise
provided for in the Personnel Management Regulations, deep class
resolutions or other ordinances.
s
R. "Reclassification" means the act of changing the allocation of a
position by raising it to a higher class or reducing it to a lower
class on the 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 service
with the County from a position in the merit system.
U. "Temporary Employment" means any employment in the merit system
which will require the services of an incumbent for a limited
period of time, paid on an hourly basis, not in an allocated posi-
tion 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 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. Community Aide Unit
B. Social Services 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.
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2.2 Eeployees hired on or after September 1, 1981 in classifications
assigned to units represented by the Union shall, as a condition of employment
at the time of employment, complete a Union dues authorization card provided by
the Union and shall have deducted from their paychecks the membership dues of the
Union. Said employees shall have thirty (30) days from the date of hire to decide
if 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 authorization 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 of 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 April 2, 1983 and May 2, 1983, any employee may
withdraw from from Union membership and discontinue paying dues as of the
payroll period commencing April 1, 1963, discontinuance of dues payments to then
be reflected in the May 10th paycheck. Immediately upon the close of the above
mentioned thirty (30) day period the Auditor-Controller shall submit to the
Union a list of the employees who have rescinded their authorization for dues
deduction.
2.5 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
official organization business such as times and places of meetings and further
provided that the employee organization appropriately posts and removes the
information. The department head or authorized representatives reserves the
right to remove objectionable materials after notification and discussion 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 authorized representative; and 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 or representation.
In the application of this provision, it is agreed and understood that in each
such instance advance arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the departmental
representative in charge of the work area, and the visit will not interfere
with County services.
2.6 Use of County 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;
B. The meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and
maintain scheduling of such uses. The Union shall maintain proper order at the
meeting, and see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct
of business meetings, such as desks, chairs, ashtrays, and blackboards) is
strictly prohibited, even though it may be present in the meeting area.
i
2.7 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.
f
_ 5
The listing of an item on a public agenda in a reasonably descriptive way, 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.
2.8 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification which is in the
Social Service Unit or Community Services Unit that their classification is
represented by Local 535 and the name of a representative of Local 535.
Section 3 No Discrimination
There shall be no discrimination because of race, creed, color, national origin,
political opinion, sex, sexual orientation, or Union activities against any
employee or applicant for employment by the County or by anyone employed by
the County; and to the extent prohibited by applicable State and Federal law
there shall be no discrimination because of age or physical handicap.
Section 4 Shop Stewards and Official Representatives
4.1 Attendance at Meetings. Employees designated as shop stewards or
official representatives of the Union shall be allowed to attend meetings held
by County agencies during regular working hours on County time as follows.
A. If their attendance is required by the County at a specific
meeting;
B. If their attendance is sought by a hearing body or presentation of
testimony or other reasons;
C. If their attendance is required for meeting required for settlement
of grievances filed pursuant to Section 25 (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 particular employee(s) is
required.
6 y
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 Effective July 1 , 1981 , the salary range for each represented classifi-
cation shall be as set forth in Attachment 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% or 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 (1957)x100 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 percent (12%) 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 scehdule.
For example:
Increase in Consumer Price Index v 13.4%
-12.0
1 . 2 a .7%
Mounded to .7021% or seven (7) levels on the H series salary schedule.
No adjustments, retroactive or otherwise shall be made in the amount of the salary
increase due to any revision which later may be made in the published figures for
the Index for any month on the basis of which the increase has been determined.
A decline in the 'Index shall not result in a reduction of classification salary
rates.
The salary increase based on the Index shall be contingent upon the continued
availability of official monthly Bureau of Labor Statistics Consumer Price Index
in its present form and calculated on the same basis as the foregoing Index
(1967:100) unless otherwise agreed upon by the parties.
5.3 Entrance Salary. New employees shall generally be appointed at the
minimum step of the salary range established for the particular class of position
to which the appointment is made.
However, the appointing authority may fill a particular position at a step above
the minimum of the range.
5.4 Anniversary Dates. Exoept as may otherwise be provided for in deep
class resolutions, anniversary dates will be set as follows:
A. Now 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 competes 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. ReemploSents. The anniversary of an employee appointed from a
reemployment list to the the first step of the applicable salary
range and not required to serve a probation period is determined in
the same way as the anniversary date is determined for a new
employee who is appointed the same date, classification and step
and who then successfully completes the required probationary
period.
E. Notwithstanding other provisions of this Section 5, the anniversary
of an employee who is appointed to a classified position from out-
side the Countyts merit system at a rate above the minimum salary
for the employeets new class, or who is transferred from another
governmental entity to this County's merit system, is one (1) year
from the first year of the calendar month after the calendar month
when the employee was appointed or transferred; provided, however,
when the appointment or transfer is effective on the employee's
first regularly scheduled work day of that month, his anniversary
is one (1) year after the first calendar day of that month.
5.5 Increments Within Range. The performance of each employee, except
those of employees already at the maximum salary step of the appropriate salary
range, shall be reviewed on the anniversary date as set forth in Section 5.4 to
determine whether the salary of the employee shall be advanced to the next
higher step in the salary range. Advancement shall be granted on the affirmative
recommendation of the appointing authority, based on satisfactory performance by
the employee. The appointing authority may recommend unconditional denial of
the increment or denial subject to review at some specified date before the next
anniversary.
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
8
County. If an operating department verifies in writing that an administrative or
clerical error was made in failing to submit the documents needed to advance an
employee to the next salary step on the first of the month when eligible, said
advancement shall be made retroactive to the first of the month when eligible.
5.6 -Part-'Time Compensation. A part-time employee shall be paid a monthly
salary in the same ratio to the full-time monthly rate to which the employee
would be entitled as a full-time employee under the provisions of this Section 5
as the number of hours per week in the employee's part--time work schedule bears
to the number of hours in the full-time work schedule of the department.
5.7 Compensation for Portion of Month. Any employee who works less than
any full calendar month, except when on earned vacation or authorized sick leave,
shall receive as compensation for services an amount which is in the same ratio
to the extablished monthly rate as the number of days worked is to the actual
working days in such employee's normal work schedule for the particular month;
but if the employment is intermittent, compensation shall be on an hourly basis.
5.8 Position declassification. 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 Salar-y deallocation and Salaryon deallocation.
} A. In a general salary increase or decrease, an employee in a class
which is reallocated to a salary range above or below that to which
it was previously allocated, when the number of steps remain the same,
shall be compensated at the same step in the new salary range the
employee was receiving in the range to which the class was previously
allocated. If the reallocation is from one salary range with more
steps to a range with fewer steps or vice versa, the employee shall
be compensated at the step on the new range which is in the same
percentage ratio to the top step of the new range as was the salary
received before reallocation to the top step of the old range, but
in no case shall any employee be compensated at less than the first
step of the range to which the class is allocated.
B. In the event that a classification is reallocated from a salary range
with more steps to a salary range with fewer steps on the salary
schedule, apart from the general salary increase or decrease
described in 5.9A 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
//0(r C/
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 con-
tain a higher step, the incumbent shall be placed at the step which
is next lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the
deep class resolution and incumbent salary allocations, if any,
shall supercede section 5.9.
5.10 Salarv _on. Promotion. Any employee who is appointed to a position of a
class allocated to a higher salary range than the class previously occupied,
except as provided under Section 5.13, shall receive the salary in the new
salary range which is next higher than the rate received before promotion. In
the event this increase is less than five percent (5%) , the employee's salary
shall be adjusted to the step in the new range which is at least five percent
(5%) greater than the next higher step; provided, however, that the next step
shall not exceed the maximum salary for the higher class.
5.11 Salary on Demotion. Any employee who is demoted, except as provided
under Section 5.14, shall_ _nv, "n �Rlary reduced to the monthly salary step in
the range for the class of position to which he has been demoted next lower than
the salary received before demotion. In the event this decrease is less than
five percent (5%) , the employee's salary shall be adjusted to the step in the
new range which is five percent (5%) less than the next lower step; provided,
however, that the next step shall not be less than the minimum salary for the
lower class.
Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights, the salary of
the demoted employee shall be that step on the salary range which he would have
achieved had he been continuously in the position to which he has been demoted,
all within-range increments having been granted.
5.12 Salary on Voluntary Demotion. 'Whenever any employee voluntarily
demotes to a position in a class having a salary schedule lower than that of
the class from which he or she demotes, unless the Hoard provides otherwise by
resolution, his or her salary shall remain the same if the steps in his or her
new (+emoted) salary range permit, and if not, new salary shall be set at the
step w.xt below former salary.
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5.13 Tragi. An employee who is transferred from one position to another
as described under "Transfer" shall be placed at the step in the salary range of
the new class which equals the rate of pay received before the transfer. In the
event that the steps in the range for the new class do not contain the same
rates as the range for the old class, the employee shall be placed at the step
of the new range which is next above the salary rate received in the old range;
or if the new range does not contain a higher step, the employee shall be placed
at the step which is next lower than the salary received in the old range.
If the transfer is to a deep class, the provisions of the deep class resolution
on salary of transfers, if any, shall apply in lieu of the above provisions.
5.14 Pavy for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which
the compensation is greater than that to which the employee is regularly
assigned, the employee shall receive compensation for such work at the rate of
pay established for the higher classification pursuant to Subsection 5"1U Salary
on Promotion of this Memorandum, commencing on the eighteenth Orth)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. Employees 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. The appropriate authorization form has been submitted by the
Department Head at least fifteen (15) days prior to the expiration
of the seventeen (17) day waiting period and approved by the County
Administrator.
6. Higher pay assignments shall not exceed six (6) months except
through reauthorization.
7. 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.
8. 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.
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9. 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.
10. _Allowable overtime pay, shift differential and/or work location
differentials will be paid on the basis of the rate of pay for the
higher class.
5.15 Payment. On the tenth (10th) day of each month, the Auditor will draw
a warrant upon the Treasurer in favor of each employee for the amount of salary
due the employee for the preceding month; provided, however, that each employee
(except those paid on an hourly rate) may choose to receive an advance on the
employee's monthly salary, in which case the Auditor shall, on the twenty-fifth
(25th) day of each month, draw his warrant upon the Treasurer in favor of such
employee.
The advance shall be in an amount equal to one-third (1/3) 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 to required deductions.
The election to receive an advance shall be made on or before April 30 or
October 31 of each year or during the first month of employment by filing on
forms prepared by the Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.15, all required or
requested deductions from salary shall be taken from the second installment,
which is payable on the tenth (10th) day of the following month.
Section 6 Days and Hours of Work
The normal work week of County employees is forty (40) hours between 12:01 a.m.
Monday to 12.00 midnight Sunday, usually five (5) eight-hour days; however, where
operational requirements of a department require deviations from the usual pattern
of five eight-hour days per work week, an employee's work hours may be scheduled
to meet these requirements, but his 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.
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. All overtime shall be compensated for at
the rate of one and one-half (1-1/2) times the employee's base rate of pay (not
including shift and other special differentials) .
Overtime for permanent employees is compensated in increments of one-half hour
by either pay or compensatory time off.
_ 12
Employees entitled to overtime credit for holidays in positions which work
around the clock (such as the County hospital, 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 12.4 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
A. Employees receiving overtime pay who wish to accrue compensatory
time off in lieu of overtime pay shall notify the department on the
approved form indicating their desire to accrue compensatory time
off at least seven (7) calendar days prior to July 1 of each year.
Employees accruing compensatory time off and who wish to continue
to accrue compensatory time off in a subsequent fiscal year are not
required to notify the department.
An employee wishing to change the method of overtime compensation
(overtime pay to compensatory time off or compensatory time off to
overtime pay) during the fiscal year may do so by notifying the
department on the approved form with 30 days notice of such change.
Only one such change shall be allowed per fiscal year.
B. The names of those employees electing to accrue compensatory time
off shall be placed on a list maintained by the department. At
time of appointment, newly appointed employees may elect to accrue
compensatory time off in lieu of overtime pay by notifying the
department on the approved form.
C. Compensatory time off shall be accrued at the rate of one and one-
half (1j) times the actual authorized overtime hours worked by the
employee.
A permanent part-time employee shall accrue compensatory time off
at the rate of one (1) hour for each hour worked in excess of the
employee's regular work week for those hours which are not
authorized overtime.
t
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D. Employees may not accrue a compensatory time off balance that
{ exceeds fifty (50) hours. Once a fifty (50) hour balance has been
attained, authorized overtime hours worked will be paid at the
overtime rate. If the employee's balance falls below fifty (50)
hours, the employee shall again accrue compensatory time off for
authorized overtime hours worked until the employee's balance again
reaches fifty (50) 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 fifty (50) hours.
13
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F. The use of accrued compensatory time off shall be by mutual
agreement betwen the Department Head or his designee and the
employee. Compensatory time off shall not be taken when the
employee would be replaced by another employee who would be
eligible to receive, for time worked, either overtime payment or
compensatory time accruals as provided for in this Section. This
provision may be waived at the discretion of the Department Head or
his designee.
G. When an employee promotes, demotes or transfers from the classifi-
cation eligible for compensatory time off to another classification
eligible for compensatory time off within the same department, the
employee's accrued compensatory time off balance will be carried
forward with the employee.
H. Compensatory time accrual balances will be paid off when an
employee moves from one department to another through promotion,
demotion or transfer. Said payoff will be made in accordance with
the provisions and salary of the class from which the employee is
promoting, demoting or transferring as provided in I. below.
I. Since employees accrue compensatory time off at the rate of one and
one-half (1j) hours for each hour of authorized overtime worked,
accrued compensatory time balances shall be paid off at the
straight time rate (two-thirds (2I3) the overtime rate) for the
employee's current salary:
Whenever:
1) the employee changes status and is no longer eligible for
compensatory time off;
2) the employee promotes, demotes or transfers to another
department;
3) the employee separates from County service;
4) the employee retires;
5) the employee is granted a leave of absence
J. Compensatory time off shall be accrued and taken in increments of
one-half (J) hour.
s K. The Office of the County Auditor-Controller will establish time-
keeping procedures to administer this section.
e
Section S Call Back Time
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Any employee who is called back to duty shall be paid at the appropriate rate
for the actual time worked plus one (1) hour. Such employee called back shall
be paid a minimum of two (2) hours at the appropriate rate for each call back.
C
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Section 9 On-Call Dutj
On call duty is any time other than time when the employee is actually on duty
during which an employee is not required to be on County premises but stand
ready to immediately report for duty and must arrange so that his superior can
! reach him on ten (10) minutes' notice or less. An employee assigned to on-call
time shall be paid one (1) hour of straight time credit for each four (4) hours
on such on-call time.
Those positions which are on-call shall be designated by the appointing authority
whose decision is final. Assignment to an on-call position shall be in accordance
with Section 39 (Reassignment).
Section 10 Shift Differential
In the hours which qualify for shift differential, employees shall receive five
percent (5%) above their base salary rate.
To qualify for shift differential, an employee must have a regularly assigned
daily work schedule which requires:
A. Completion of more than one and one-half (1-1/2) hours over the
normal actual working time; or
B. At least four (4) hours of actual working time from 5:00 p.m.
through 9:00 a.m. inclusive.
However, employees who have been regularly working a shift qualifying
for shift differential immediately preceding the commencement of a
vacation, paid sick leave period, paid disability or other paid
leave, will have shift differential included in computing the pay
for their leave. The paid leave of an employee who is on a
rotating shift schedule shall include the shift differential that
would have been received had the employee worked the shift for
which the employee was scheduled during such period.
Shift differential shall only be paid during paid sick leave and
paid disability as provided above for the first thirty (30) calendar
days of each absence.
Section 11 Union Notification of LMoff
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 notice of layoff except
in cases of emergency.
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Section 12 Holidays
12.1 The County will observe the following holidays:
A. Labor Day
Admission Day
Columbus Day
'veterans' Day
Thanksgiving Day
Day After Thanksgiving
Christmas
New Years' Day
Lincoln's Day
Washington's Day
Memorial Day
Independence Day
Such other days as the 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. Permanent part-time employees shall receive personal holiday credit
in the same ratio to the personal holiday credit given full-time
employees as the number of hours per week in the part-time
employee's schedule bears to the number of hours in the regular
full-time schedule.
D. Employees in positions which work around the clock shall continue
to celebrate those holidays listed in Section 12.1 (a) above.
12.2 The following provisions indicate how holiday credit is to be applied:
A. Employees on the five-day forty (40) hour Monday through Friday
work schedule shall be entitled to a holiday whenever a holiday is
observed pursuant to the schedule cited above.
B. Employees on a work schedule other than Monday through Friday shall
be entitled to credit for any holiday, whether worked or not,
observed by employees on the regular schedule; conversely, such
employees will not receive credit for any holiday not observed by
employees on the regular schedule even though they work the holiday.
C. Employees will be paid one and one-half (1-1/2) times their basic
salary rate for holidays actually worked.
_ 16 _
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.
12.3 If any holiday listed in Section 12.1A above falls on a Saturday, it
shall be observed on the preceding Friday. If any holiday listed in Section 12.1A
above falls on a Sunday, it shall be observed on the following Monday.
12.4 Accrual of Holiday Time. Employees entitled to overtime credit in
positions which work around the clock shall be permitted to elect between pay at
the overtime rate or compensatory time off in recognition of holidays worked.
The following procedures shall apply to this selection:
1 . Any person who is eligible and who elects to accrue holiday time
must agree to do so for a full fiscal year (July 1 through June 30) ,
or the remainder thereof, unless otherwise specified by the Board.
2. Employees starting work after a list of those electing to accrue
holiday time has been submitted to the Auditor and approved, will
be paid overtime unless they specifically requested in writing
within seven (7) calendar days to be placed on the accrual list.
3. Holiday time shall be accrued at the rate of one and one-•half (1-D
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. The Department
Head's decision in such matters shall be final.
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 13 Vacation Leave
13.1 Vacation Allowance. Employees in permanent positions are entitled to
vacation with pay. Accrual is based upon straight time hours of working time per
calendar month of service and begins on the date of appointment to a permanent
position. Increased accruals begin on the first of the month following the month
in which the employee qualifies. Accrual for portions of a month shall be in
minimum amounts of one (1) hour calculated on the same basis as for partial
month compensation pursuant to Section 5.7 of this Memorandum of 'Understanding.
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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.
13.2 Vacation Accrual Rates.
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Cinder 15 years 10 240
15 through 19 years 13 1/3 320
20 through 24 years 16 2/3 40O
25 through 29 year 20 480
30 years and up 23 1/3 560
Employees in permanent part-time and permanent-intermittent positions shall accrue
vacation benefits on a pro-rata basis as provided in Ordinance Code Section 36-1.006.
13.3 No employee who has been granted a leave without pay or unpaid military
leave shall accrue any vacation credit during the time of such leave, nor shall
an employee who is absent without pay accrue vacation credit during the absence.
13.4 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the
employee's then current pay rate.
13.5 Vacation Preference. Preference of vacation shall be given to employees
according to their seniority in their department as reasonably as possible.
Section 14 Sick Leave
14.1 The purpose of paid sick leave is to insure employees against loss of
pay for temporary absences from work due to illness or injury. Sick leave may
be used only as authorized; it is not paid time off which employees may use for
personal activities.
14.2 Sick leave credits accrue at the rate of eight (8) working hours credit
for 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 layoff eligibility.
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.
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Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
A. An employee may use paid sick leave credits when the employee is
off work because of a temporary illness or injury.
B. Sick leave may be used by permanently disabled employees until all
accruals of the employee have been exhausted or until the employee
is retired by the Retirement Board subject to the conditions
listed below. For the purposes of this Section 14 permanent
disability shall mean the employee suffers from a disabling
physical injury or illness and is thereby prevented from engaging
in any County occupation for which he 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 other
further examination as he 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 Pregnanoy 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 disability under the conditions set forth below:
1. Application for such leave must be made by the employee to
the appointing authority accompanied by a written statement
of disability from the employee's attending physician. The
statement must address itself to the employee's general
physical condition having considered the nature of the work
performed by the employee, and it must indicate the date of
the commencement of the disability as well as the date the
physician anticipates the disability to terminate. The
appointing authority retains the right to medical review
of all requests for such leave.
2. If a female employee does not apply for sick leave and the
appointing authority believes that the employee is not
able to properly perform her work or that her general
health is impaired due to disability caused or contributed
to by pregnancy, miscarriage, abortion, childbirth or
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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 thirty-two (32) 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 thirty-two (32)
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. Effective the first of the month
following the execution of this Agreement, an employee may use paid
sick leave credits (up to three (3) days, unless the Department
Head approves more) for working time used in cases of illness, or
injury to, an immediate family member living in the employee's
home, if there is a real need for someone to render 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.
14.3 Administration of Sick Leave. Accumulated paid sick leave credits ma
not be used in the following situations:
20
1 . Self-inflicted Injury. For time off from work for an employee's
illness or injury caused by his or her willful misconduct.
2. Vacation. For an employee's illness or injury while the employee
is on vacation except when extenuating circumstances exist and the
appointing authority approves.
3. Not in Pay Status. When the employee would otherwise be eligible
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 Head. 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 the sick leave privilege 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. The Department Head may use
but is not limited to the following procedures:
1 . Calling the employee, his family or attending physician if there
is one.
2. Obtaining the signature of the employee on the AbsenoelOvertime
Record, or on another form established for that purpose, as a
certification of the legitimacy of the claim.
3. Obtaining a written statement explaining the claim for use of
accumulated sick leave credits.
4. Obtaining a physician's oertificate covering the absence(s)
indicating that the employee was incapacitated.
5. Writing a letter of inquiry about the employe's condition
enclosing a form to be filled out, signed, and returned.
6. Obtaining a periodic statement of progress and medical
certification in absences of an extended nature.
Department Heads are responsible for establishing timekeeping procedures which
will insure the submission of a time card covering each employee absence and
for operating their respective offices in accordance with these provisions and
with clarifying regulations issued by the Office of the County Administrator.
21
14.4 /usability
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.
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 proglems, including leave, are in the best
interests of the employee or the County in relation to the employee
overcoming any disability and/or performing his duties the
appointing authority may direct the employee to take such leave
and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without
prejudice to the employee's right to use sick leave, vacation, or
any other benefit to which the employee is entitled other than
regular salary. The Personnel Director may order lost pay restored
for good cause and subject to the employee's duty to mitigate damages.
D. Before an employee returns to work from any absence for illness or
injury, other leave of absence or disability leave, exceeding two
weeks in duration, the appointing authority may order the employee
to undergo at County expense a physical, medical, and/or
psychiatric examination by a licensed physician, and may consider a
report of the findings on such examination. If the report shows
that such employee is physically or mentally incapacitated for the
performance of duty, the appointing authority may take such action
as he deems necessary in accordance with appropriate provisions of
this Memorandum of Understanding.
14.5 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.
B. Three (3) consecutive calendar days following the last day worked
constitutes a waiting period before Workers' Compensation starts.
The time the employee is scheduled to work durini 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 compen-
sation is payable on the first three (3) days of disability when
the injury necessitates hospitalization, or when the disability
exceeds twenty-one (21) days.
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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 vacatin for these salary payments. Sick
leave and vacation rights shall not accrue for those periods during
which salary payments are made.
The County contribution to the employees group medical plan shall
continue during any period of compensable temporary disability
absence.
The maximum period for the described salary continuation for any
one injury or illness shall be one year from the date of temporary
disability.
C. Continuing pay begins at the same time that temporary Workers'
Compensation starts and continues until the temporary disability
ends, or until one (1) year from the date of injury, whichever
comes first. State Workers' Compensation checks are made payable
to the County by the "tate of California Insurance Fund. All
continuing pay under the Workers' Compensation Program will be
cleared through the Personnel Office, Safety Division.
Whenever an employee who has been injured on the job and has
returned to work is required by an attending physician to leave
work for treatment during working hours the employee shall be
allowed time off up to three (3) hours for such treatment without
loss of pay or benefits. This provision applies only to injuries
that have been accepted by the County as a ,fob connected injury.
14.6 For the purposes of this Section 14 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, brother-in-law, or sister-in-law, of
an employee.
14.7 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 in this Section 14 shall be coordinated
with the rehabilitation program as determined by the labor-management committee.
14.8 No employee who has been granted a leave without pay or unpaid military
leave shall accrue any sick leave credits during the time of such leave, nor
shall an employee who is absent without pay accrue sick leave credits during the
absence.
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N1 0409
14.9 Integration of State Disbilit Benefits with the County Sick Leave
Benefit Program. Employee eligible for State Disability benefits and sick leave
benefits for any portion of disability shall be required to make application for
both benefits. The State Disability benefits shall be returned to the County to
be credited to the employees sick leave balance on the following basis.
1. Integration with State Disability is automatic and cannot be waived.
2. The amount credited to the employees sick leave balance shall be
converted to sick leave hours by dividing the amount received from
State Disability Insurance by the employee's straight-time hourly
rate, at the time of payment, as determined by the appropriate
salary schedule for the employee's class of employment.
3. If the employee is eligible for State Disability Insurance benefits,
application must be made and the benefits returned to the County for
sick leave credits so that the principle of integration is completed.
4. 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 {}) 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 Leave of Absence
15.1 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.
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
usefulness on return to his position;
4. for other reasons or circumstances acceptable to the
appointing authority.
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A leave without pay may be for a period not to exceed one (1) year, provided the
appointing authority may extend such leave for additional periods. The procedure
in granting extensions shall be the game as that in granting the original leave,
provided that the request for extension must be made not later than fifteen (15)
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.
15.2 Military Leave. Any employee who has permanent status 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 position in the classified service
provided such still exists and the employee is otherwise qualified, without any
loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which
may be secured at the time of such leave, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation of employment. For
purposes of determining eligibility for salary adjustments or seniority in case
of layoff or promotional examination, time on military leave shall be considered
as time in County service.
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.
15.3 Leave of Absence Re,21acement. Any permanent employee in the merit
system who requests reinstatement to the classification held by the employee in
the same department at the time the employee was granted a leave of absence,
shall be reinstated to that classification and department.
15. 1 Salary Review While on Leave of Absence. The salary of an employee
who is on leave of absence from a County position on any anniversary date and
who has not been absent from the position on leave without pay more than six (6)
months during the preceding year shall be reviewed on the anniversary date.
Employees on military leave shall receive salary increments that may accrue to
them during the period of military leave.
25 7 ho
15.5 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.
15.6 Time Off to Vote. Employees represented by the Union who do not have
sufficient time outside of working hours to vote at a statewide election, may,
without loss of pay, take off enough working time which will enable the employee
to vote.
No more than two (2) hours of the time taken off for voting shall be without
loss of pay. The time off for voting shall be only at the beginning or end of
the regular working shift, whichever allows the most free time for voting and
the least time off from the regular working shift.
Any employee seeking time off to vote under the provisions of this Section, must
submit a written request, at least two (2) working days in advance, to his or her
immediate supervisor, stating the following: name; job classification; department;
a statement "I am a registered voter"; geographic location and address of the
employee's polling place; amount of time off requested and whether it is to be at
the beginning or end of the employee's regular work day, and a clear statement
as to why the employee is unable to vote during the regular hours that the polls
are open.
Section 16 Juror Duty and Witness Duty
16.1 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, car they may take vacation leave or leave without pay and retain all
fees and expenses paid to them.
If an employee is called for jury duty and elects to remain in a regular pay status
and waive all fees (other than mileage allowances) received, the employee shall
obtain from the Clerk or Jury Commissioner a certificate which shall indicate the
days attended and the fact that fees other than mileage are waived. The employee
shall furnish the court certificate to his 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.
16.2 Witness Duty. Employees called upon as a witness or an expert witness
in a case arising in the course of their work or the work of another department
may remain in their regular pay status and turn over to the County all fees and
expenses paid to them (other than mileage allowances) or they make take vacation
leave or leave without pay and retain all fees and expenses.
- 2b -
Employees called to serve as witnesses in private eases or personal matters
(e.g., accident suits and family relations) shall take vacation leave or leave
without pay and retain all witness feces paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to
jury duty as set forth in Section 16 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 17 Health and Welfare, Life and Dental Care
17.1 The County will continue the existing County Group Health Plan program
of combined medical, dental and life insurance coverage through California
Dental Service, Occidental Life Insurance and the medical insurance options of
Kaiser-Permanente Foundation, Blue Cross of Northern California, the Contra
Costa County Health Plan and H.E.A.L.S. Health Plan to all permanent employees
regularly scheduled to work twenty (20) or more hours per week.
17.2 In the event that it may be possible to provide hospital-medical, life
insurance and dental coverage as nearly comparable as possible to the benefits
in effect on July 1 , 1981, without additional cost to the County or the employees,
the County may substitute new insurance carriers. The Union will be given an
opportunity to meet and confer on the coverage afforded under such substitute
plans before they are implemented. During the term of this Memorandum of
Understanding, the County intends to seek alternatives to the Blue Cross Medical
Plan by requesting that health care companies submit bids on the cost of furnishing
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 months
8/1/81 8/1/82
Employee Only $ 47.33 $ 55.33
(No Medicare)
Family 109.34 121.34
(No Medicare)
Blue Cross Option
Employee Only 72.76 80.76
(Nos Medicare)
Family 124,91 136.91
(No Medicare)
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Contra Costa Health Plan Option
Employee Only 48.43 56.43
(No Medicare)
Family 113.91 125.91
(No Medicare)
H.E.A.L.S. Health Plan Option
Employee Only 60.00 68.00
(No Medicare)
Family 115.00 127.00
(No Medicare)
Corresponding Medicare rates for employees covered under this Memorandum of
Understanding shall be as follows: for Employee Only on Medicare by taking the
Employee Only rate for the option selected and subtracting the monthly Part B
Medicare premium withheld from Social Security payments for one enrollee; for
Employee and Dependent(s) with one member on Medicare by taking the Employee and
Dependent(s) rate for the option selected and subtracting the monthly Part B
Medicare premium withheld from Social Security payments for one enrollee; for
Employee and Dependent(s) with two members on Medicare by taking the Employee
and Dependent(s) rate for the option selected and subtracting the monthly Part B
Medicare premium withheld from Social Security payments for two enrollees; pro-
vided, 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.
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.
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Upon retirement, employees may remain in the same County group medical plan if
immaedately 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 18 Probationa" Period
18.1 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.
18.2 Listed below are those classes represented by the Union which have
probation periods in excess of six (6) months.
None
18.3 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.
18.4 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-interaittent 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.
18.5 ReJection During Probation. An employee who is rejected during the
probation period and restored to the eligible list shall begin a new probationary
period if subsequently certified and appointed.
A. Alpeal from rejection. Notwithstanding any other provisions of
this section, an employee (probationer) shall have the right to
appeal from any rejection during the probationary period based
on political or religious affiliations or opinions, 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 V led 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.
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?I//O&Y
C. The Merit Board shall consider the appeal, and if it finds probable
cause to believe that the rejection may have been based on grounds
prohibited in subsection (A), it may refer the matter to a Hearing
Officer for hearing, recommended findings of fact, conclusions of
law and decision, pursuant to the relevant provisions of the Merit
. Board rules in which proceedings the rejected probationer has the
burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall
deny the appeal. If, after hearing, the Merit .Board upholds the
appeal, it shell 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.
18.6 Regular Appointment. The regular appointment of a probationary
employee shall begin on the day following the end of the probationary period,
subject to the condition that the Director of Personnel receive from the
appointing authority a statement in writing that the services of the employee
during the probationary period were satisfactory and that the employee is
recommended for permanent appointment. A probationary employee may be rejected
at any time during the probation period without regard to the Skelly provisions
of this Memorandum of Understanding, without notice and without right of appeal
or hearing. If the appointing authority has not returned the probation report,
a probationary employee may be rejected from the service within a reasonable
time after the probation period for failure to pass probation. If the appointing
authority fails to submit in a timely manner the proper written documents
certifying that a probationary employee has served in a satisfactory manner and
later acknowledges it was his or her intention to do so, the regular appointment
shall begin on the day following the end of the probationary period.
Notwithstanding any other provisions of the Memorandum of Understanding, an
employee rejected during the probation period from a position in the Merit
System to which the employee had been promoted or transferred from an eligible
list, shall be restored to a position in the department from which the employee
was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months
after being promoted or transferred from a position in the Merit System to a
position not included in the Merit System shall be restored to a position in the
classification in the department from which the employee was promoted or transferred.
A probationary employee who has been rejected or has resigned during probation
shall not be restored to the eligible list from which the employee was certified
unless the employee receives the affirmative recommendation from the appointing
authority and is certified by the Personnel Director whose decision is final.
The Director of Personnel shall not certify the name of a person restored to the
eligible list to the same appointing authority by whom the person was rejected
from the sams eligible list, unless such certification is requested in writing
by the appointing authority.
18.7 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.
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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.
18.8 Refection During Probation of Layoff Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the probation period
shall be automatically restored to the layoff list, unless discharged for cause,
if the person is within the period of layoff eligibility. The employee shall
begin a new probation period of subsequently certified and appointed in a
different department or classification than that from which the employee was
laid off.
Section 19 Promotion
19.1 Promotion shall be by competitive examination unless otherwise provided
in this Memorandum of Understanding.
19.2 Promotion PolicX. The Director of Personnel, upon request of an
appointing authority, shall determine whether an examination is to be called on
a promotional basis.
19.3 Oven Exam. If an examination for one of the classes represented by
the Union is proposed to be announced on an open only basis, the Director of
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.
19.4 Promotion via Reclassification without Examination. Notwithstanding
other provisions of this Section, an employee may be promoted from one olassifi-
cation to a higher classification and his position reclassified at the request
of the appointing authority and under the following conditions:
A. An evaluation of the position(s) in question must show that the
duties and responsibilities have significantly increased and
constitute a higher level of work.
B. The incumbent of the position must have performed at the higher
level for one (1) year.
C. The incumbent must meet the minimum education and experience
requirements for the higher class.
D. The action must have approval of the Personnel Director.
E. The Union approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
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-
IA
19.5 Requirement's for PromotionalStandirsg. In order to qualify for an
examination called on a promotional bards, 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 examination's 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.
19.6. Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits,
of seventy percent (70x) or more, shall receive, in addition to all other credits,
five one-hundredths of one percent (.05P 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 deter-
mined. No employee, however, shall receive more than a total of five percent
(5x) credit for seniority in any promotional examination.
19.7 County employees who are required as part of the promotional
examination process to take a physical examination shall do so on County time at
County expense.
Section 20 Transfer
20.1 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 :hell 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.
20.2 Any employee or appointing authority who desires to initiate a
transfer may inform the Director of Personnel in writing of such desire stating
the reasons therefor. The Director of Personnel shall if he or she considers
that the reasons are adequate and that the transfer will be for the good of the
County 'service and the parties involved, infarct the appointing authority or
authorities concerned and the employee of the proposal and may take the
initiative in accomplishing the transfer.
Section 21 Resignations
Rn 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.
- 32
21 .1 Reaion in Good Standing. A resignation giving the appointing
authority written notice at least two (2) weeks in advance of the last date of
service (unless the appointing authority requires a longer period, up to four
(4) weeks, for a specific reason, or consents to the employee's terminating on
shorter notice) is a resignation in good standing.
21 .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.
21.3 Effective Resignation. A resignation is effective when delivered or
spoken to the appointing authority, operative either on that date or another
date specified.
21 .4 Revocation. A resignation that is effective is revocable only by
written concurrence .of the employee and the appointing authority, except that an
oral resignation rescinded in writing by the end of the workday following the
oral resignation Will be accepted by the appointing authority.
21 .5 Coerced Resignations.
A. Time Limit - A resignation which the employee believes has been
coerced by the appointing authority may be revoked within seven (7)
calendar days after its expression, by serving written notice on
the Director of Personnel and a copy on the appointing authority.
B. Reinstatement - If the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, it
shall be revoked and the employee returned to duty effective on the
day following the appointing authority's acknowledgement without
loss of seniority or pay.
C. Contest - Unless, within seven M'days of the receipt of the
notice, the appointing authority acknowledges that the resignation
could have been believed to be coerced, this question should be
handled as an appeal to the Merit Board. In the alternative, the
employee may file a written election with the Director of Personnel
waiving the employee's right of appeal to the Merit Board in favor
of the employee's appeal rights under the grievance procedure
contained in Section 23 of the Memorandum of Understanding beginning
with step o.
D. DilRosition - 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.
33 -
Section 22 Dismissal, Suspension and Demotion
22.1 The appointing authority may dismiss, suspend or demote any employee
for cause. The following are sufficient causes for such action; the list is
indicative rather than inclusive of restrictions and dismissal, suspension or
demotion may be based on reasons other than those specifically mentioned.
1. absence without leave,
2. conviction of any criminal act involving moral turpitude,
3. conduct tending to bring the merit system into disrepute,
4. disorderly conduct,
5. incompentence or inefficiency,
6. insubordination,
7. being at work under the influence of liquor or drugs, carrying onto
the premises liquor or drugs or consuming or using liquor or drugs
during work hours and/or on County premises,
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.
22.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice) .
Before taking a disciplinary action to dismiss, suspend for more than five (5)
work days, or demote an employee, the appointing authority shall cause to be
served, either personally or by certified mail, on the employee, a Notice of
Proposed Action, which shall contain the following:
A. A statement of the action proposed to be taken.
B. A copy of the charges; including the acts or omissions and grounds
upon which the action is based.
C. If it is claimed that the employee has violated a rule or regulation
of the County, department or district, a copy of said rule shall be
included with the notice.
D. A statement that the employee may review and request copies of
materials upon which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to
respond to the appointing authority either orally or in writing.
- 34 -
Emp�loyee Response. The employee upon whom a Notice of Proposed Action has been
served shall have seven (7) calendar days to respond to the appointing authority
either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend
in writing the period to respond. if the employee's response is not filed
within seven (7) days or any extension, the right to respond is lost.
22.3 Leave Pending Employee Response. Pending response to a Notice of
Proposed Action within the first seven (7) days, the appointing authority for
cause specified in writing may place the employee on temporary leave of absence,
with pay.
22.44 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 22.5 below.
22.5 Notice of Suspension 'Without Pay 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 (7) calendar
days.
D. A statement that disciplinary action may be taken after disposition
of the charges.
E. The Notice of Suspension Due to Pending Criminal Charges may
include a Notice of Proposed Action (Skelly Notice) under Section
22.2.
F. An appointing authority, upon giving notice as provided in this
Section 22, may immediately suspend without pay an employee against
whom there is pending a criminal charge which adversely affects the
County service or conflicts with continued employment. Pending
criminal charges exist when an employee has been arrested or has
been named a defendant in a criminal complaint or indictement 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 chargee.
- 35 -
22.6 Procedure on Dismissal,.-Suspqnsion or Disci liner Demotion.
A. In any disciplinary action to dismiss, suspend, or demote an
employee having permanent status in a position in the merit system,
after having complied with the Provisions of Section 22.2, where
applicable, the appointing authority shall make an order in writing
stating specifically the causes for the action.
B. Service of 'Order. Said order of dismissal, suspension, or demotion
shall be filed with the Director of Personnel, showing by whom and
the date a copy was served upon the employee to be dismissed,
suspended or demoted, either personally or by certified mail to the
employee's last known mailing address. The order shall be effective
either upon personal service or deposit in the U. S. Postal Service.
C. gm2loyee A peals from Order. The employee may appeal an order of
dismissal, suspension or demotion either to the Merit Board or
through the procedures of Section 23 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 23 of this
Memorandum of Understanding.
Section 2,3 Grievance Procedure
23.1 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 state of the process.
Grievances must be filed within thirty (30) days of the incident or occurance
about which the employee claims to have a grievance and shall be processed in
the following manner:
A. Step 1 - Any employee 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. If the issue is not resolved, the procedures hereinafter
may be invoked.
B. Step 2 - If a grievance is not satisfactorily resolved in step 1
above, the employee may submit the grievance in writing within ten
(10) work days to such management official as the Department Head
may designate. This formal written grievance shall state which
provision of the 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 fifteen (15) work days in which to
respond to the grievance in writing.
36 -
C. Step 3 - If a grievance is not satisfactorily resolved in step 2
above, the employee may appeal in writing within seven (7) work days
to the Personnel Director. The Personnel Director or his or her
designee shall have twenty (20) work days in which to investigate the
merit of the complaint and to meet with the Department Head and the
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 satisfac-
tory accord on any grievance which arises and is presented during
the term of this Memorandum of Understanding, such grievance shall
be submitted in writing within seven (7) work days to an Adjustment
Hoard comprised of three (3) Union representatives, no more than
two (2) of whom shall be either an employee of the County or an
elected or appointed official of the Union presenting this
grievance, and three (3) representatives of the County, no more
than two (2) of whom shall be either an employee of the County or a
member of the staff of an organization employed to represent the
County in the meeting and conferring process. The Adjustment Board
,shall meet within twenty (20) work days of receipt of the written
request and render a decision.
E. Arbitration. If an Adjustment Board is unable to arrive at a
majority decision, either the employee or the County may require
that the grievance be referred to an impartial arbitrator who shall
be designated by mutual agreement between the employee and the
Personnel Director. Such request shall be submitted within twenty
(20) work days of the rendering of the Adjustment Board decision.
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.
F. The following arbitrators have been agreed to.-
Joe
o:Joe Henderson
Adolph Coven
Jack Griffith
Jan Vetter
Robert Burns
23.2 Scope of AdJustment Board and Arbitration Decision's. (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 23.1 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 23.1 (c) above, or the Adjustment Board in pursuance of the provisions
of Subsection 23.1 (d) above resolve a grievance which involves suspension or
discharge, they may agree to payment for lost time or to reinstatement with or
without payment for lost time,
(e) If any award by an Adjustment Board of arbitrator requires action by
the Board of Supervisors or the Merit Board before it can be placed in effect,
the County Administrator and the Personnel Director will recommend to the Board
of Supervisors or the Merit Board, as appropriate, that it follow such award.
23.3 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 5 above, the grievance will be deemed to have been settled and
withdrawn.
23.4 Compensation Com2laints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Personnel
Director. Only complaints which alledge that employees are not being compen-
sated 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.
23.5 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 refuse to perform customary duties.
In the case of a legally declared lawful strike against a private or public
sector employed 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.
23.6 Merit Board. (a) All Grievances of employees in representation units
represented by the Union shall be processed under Section 23 unless the employee
elects to apply to the Merit Hoard on matters within its ,jurisdiction.
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(b) No action under paragraph (a), (d) and (e) of Subsection 23.1 above
shall be taken if action on the complaint or grievance has been taken by the
Merit Board, or if the complaint or grievance is pending before the Merit Board.
23.7 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.
Section 24 Bilinng ual Past
A salary differential of fifty dollars ($50.00) 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.
Section 25 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
Employees' Retirement Association without the County paying any part of the
employees share. The County will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
Section 26 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.
Section 27 Mileage
For
For such expenses of authorized travel necessarily done by private automobile
employees shall be allowed twenty-two (220) per mile up through four hundred (400)
miles per month, and sixteen cents (160) for over four hundred (400) miles per month.
The above rates shall be adjusted to reflect an increase or decrease in the cost
of gasoline which shall be determined as provided below on the basis of the average
price for "gasoline, all types" per gallon as listed in Table 5, "Gasoline average
prices per gallon, U.S. city average and selected areas" for the San Francisco-
Oakland, California area published by the Bureau of Labor Statistics, U.S.
Department of Labor, hereinafter referred to as the "Energy Report".
The above mileage rates shall be increased or decreased by one cent (1¢) for
each fifteen cents (150) increase or decrease in the base price for gasoline
which shall be defined as the average price of gasoline per gallon for July, 1979
as published in the Energy Report. Any such rate increase or decrease shall be
effective the first of the month following publication of the index. The above
formula rates include price increases reported since July, 1979.
39 - el f loe
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.
The County Administrator shall promulgate regulations covering these matters and
the submission of account claims to the Auditor-Controller.
Section 28 Childrens' Protective Services Respite Leave Without Pay
Effective July 1 , 1981 , and during the term of this agreement, employees
assigned to a position in the Childrens' Protective Services Program shall be
granted ten (10) days respite leave without pay per fiscal year. Such leave
shall be taken in increments of one (1) full day (8 hours) and shall be
requested in writing. Conflicting requests for respite leave shall be resolved
by the Department Head or designee with preference given to employees according
to their seniority in the department, as reasonably as possible. Any balance in
the ten (10) days respite leave which remains at the end of the fiscal year
shall not be carried over into the next fiscal year.
Section 29 Mental Health Screening Differential
Employees represented by Social Services Union, Local 535 who work in the Mental
Health Screening Unit of County Medical Services shall receive a differential
per hour worked at a premium of 5% of the hourly equivalent of the base rate;
provided, however, that in the event the conditions in Mental Health Screening
are improved so that hazardous conditions no longer exist, such differential
will no longer be applicable.
Section 30 Conservatorship Differential
The County agrees that any employee in a classification represented by Local 535
who is assigned to a position, the work function of which is in the Conservatorship
Program of the Social Service Department, and the work assignment of which
requires direct personal working contact on a regular daily basis which court-
remanded clientele of the Conservatorship Program, as specified in Division 5,
Part I, Chapter 3 of the Welfare & Institutions Code, shall receive a differential
per hour worked at a premium of 5% of the hourly equivalent of the base rate
while in pay status including paid vacation, paid sick leaave, and paid holidays.
Section 31 Part-Time Differential
If an employee in the Social Services Department, assigned to a permanent part-time
position, is requested to work on his/her scheduled day off after the scheduled
office hours, such employee shall receive, in addition to their regular base rate
of pay, a differential of one-half (1/2) their regular base rate of pay.
Section 32 Severance Pay
Effective July 1 , 1981 and for the term of this Agreement only, permanent
employees in classifications represented by Social Services Union Local 535 in,
the Social Services Unit and the Community Services Unit (except for employees
in Comprehensive Employment and Training Act classifications) for whom work
ceases to be available as a result of a reduction in federal and state funding
40 - ?l //0(,Y
of Social Welfare Programs, may elect to be paid severance pay at the time of
separation and such separation from County service was not discharged for cause,
resignation prior to the date work ceased to be available, transfer to any other
position in the County, or whose separation from county employment is directly
related to obtaining employment in any other Federal, State, County or Local
Agency without interruption of employment.
Employees eligible for an electing severance pay shall receive severance pay in
the amount of Eighteen Hundred Dollars ($1 ,800.00) at the time of their separa-
tion from County service.
It is further understood that severance pay is not a part of the County Salary
Plan and by accepting severance pay an employee relinquishes all claims to
employment with Contra Costa County and any and all preferential reemployment
rights and/or privileges with Contra Costa County and in particular waives the
benefits provided in Article VII, Section 6, of the Rules and Regulations of the
Civil Service Commission of Contra Costa County.
Eligible employees electing the severance pay option will be required to
complete the following Severance pay Separation Form:
"I have received and read a copy of the Memorandum of Understanding
between Contra Costa County and Social Services Union, Local 535
(Social Services Unit) dated , such Memorandum of
Understanding has been approved by the Board of Supervisors of Contra
Costa County.
I acknowledge that I have terminated by employment with Contra Costa
County effective , and that such termination was legally
proper.
In consideration of and by acceptance of severance pay in the amount of
Eighteen Hundred Dollars 01 ,800.00), I waive any and all preferential
reemployment rights and/or privileges with Contra Costa County and in
particular I waive the benefits provided in Article VII, Section 6 of
the Rules and Regulations of the Civil Service Commission of Contra
Costa County."
(Employee's Signature)
Section 33 Notice of New ftployees
The County agrees to periodically mail to Social Services Union, Local 535 a
list of names, classifications, and the designation of permanent employment
category of new employees appointed to classifications represented by Local 535.
Said periodic list will be mailed within the first five working days of every
month.
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Section „34 Personnel Actions
34.1 Personnel Files.
A. Inspection. Each employee, or an employee's representative so
designated by written authorization of the employee, shall have the
right to inspect and review the employee's personnel file upon
request at reasonable times, and for reasonable periods during the
regular business hours of the County.
B. Documentation in the personnel file relating to the investigation
of a possible criminal offense, medical records and information or
letters of reference shall be specifically excluded from such
inspection and review.
C. Preemployment reference material shall be removed from the
personnel file after one (1) year of continuous employment with the
County.
D. Medical records may be released to qualified medical authorities
upon execution of a written release by the employee and with the
concurrence of the County's medical authorities.
E. An employee may request copies of other material contained in the
personnel file.
F. The employee shall bear the cost of the reproduction of copies.
G. The County shall afford the employee the opportunity to respond in
writing to any information contained in their personnel file. Such
response shall be included in the employee's personnel file.
34.2 Counselling.
A. Whenever an employee's Job performance and/or conduct becomes less
than satisfactory, counselling shall be provided by the employee's
first level supervisor. Such counselling shall specifically state
the unsatisfactory nature of the employee's performance and/or
conduct and specific ways in which the employee can bring such
performance and/or conduct up to the satisfactory level.
B. Said counselling shall be provided as soon as possible after the
occurrence of the less than satisfactory performance and/or
conduct. No adverse action shall be taken by the County against
any employee unless such counselling has been provided and time for
i
improvement has been given.
C. The employee's first level supervisor shall prepare written
documentation of such counselling and provide a copy of the
documentation to the employee.
D. The foregoing shall not apply to probationary employees or in those
cases where immediate disciplinary action is necessary.
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34.3 Copies.
A. The County shall provide the employee with copies of all
performance evaluation reports and letters of reprimand or warning
or other negative material prior to the placement of such documents
in the employee's departmental personnel file.
B. Upon written request of the employee, copies of letters of
reprimand or warning shall be sent to the Union.
Section 355,Safety Program
Health and safety standards shall be maintained in all County facilities to a
maximum degree consistent with the conduct of efficient operations.
The Social Service Department shall operate a department-wide employee health
and safety program. This program shall consist of:
1 . A central department Safety Committee comprised of one (1) member
appointed by Local 535 from each major building location, one (1)
management employee from each major building location, and other
employee organization representatives, and the Department Personnel
Officer, or designee. The Department Personnel Officer, or
designee, will service as chairperson. The committee shall meet at
least quarterly.
2. All Committee members will receive training in accident investigation
and prevention and in safety awareness.
3. Committee recommendations shall be reported to and reviewed by the
Department Head who shall respond, in writing, to all recommendations.
4. Individual building safety problems shall be discussed between the
management employee responsible for building problems, or the
Deparment Personnel Officer, and the Safety Committee member,
steward or employee. Such problems will be reported to the Central
Safety Committee at its next meeting.
Section 36 Flexible Staffing
36.1 Certain positions may be designated by the Personnel Director as
flexibly staffed positions. Positions are generally allocated at the first
level of the ,fob series when vacated. When the position is next filled and an
incumbent of one of these positions meets the minimum qualifications for the
I next higher level and has met appropriate competitive requirements he/she may
then be promoted to the next higher classification within the ,job series without
need of a classification study.
The following job classifications are flexibly staffed.
t Eligibility Worker I to 'Eligibility Worker II
Social Casework Specialist I to Social Casework Specialist II
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Open examinations at either level in the above mentioned classifications shall
be administered upon the request of the Department dead and approval of the
Director of Personnel.
36.2 Continuous Testing for Flexibly, Staffed Classes. Employees in a
flexible staffed job series which have been determined by the Director of
Personnel as appropriate for continuous testing may apply for promotion to the
next higher classification level as follows:
Applicants must file the regular personnel Department Application for Examination
Form and where applicable, the appropriate supplemental questionnaire with the
Personnel Department. The first Friday in each month is the filing deadline for
any candidate who meets the minimum qualifications at any time during that
month. The names of accepted applicants will be placed on the eligible list by
the first working day of the following month. Employees who file applications
must notify their supervisor and their departmental personnel officer. Nothing
contained in this section shall be construed as making a promotion automatic or
automatically effective on the first of the month following the filing of an
application. It is the responsibility of the Department that wishes to promote
employees in flexibly staffed positions to submit a personnel request
(certification request) prior to the first day of the month in which they wish
to promote the employee. Personnel requests for promotion of employees to
become effective on the first of the month must be in the Personnel Department
by the last working day of the prior month. It is the employees responsibility
to submit applications for promotion sufficiently in advance to assure receipt
in the Personnel Office by the first Friday of the month in which they become
eligible for promotion.
If an error occurs in the Personnel Department which causes a delay in the
processing of an application, said error shall be corrected and the employee
shall be placed on the eligible list retroactively to the first of the month
following his/her eligibility.
If an operating department verifies in writing the intent to promote an employee
on the first of the month following eligibility, said appointment shall be made
retroactive to the first of the month following his/her eligibility.
Section 3TCareer Ladder
The County agrees to the concept of a career ladder which will enhance the
opportunities for persons in eligibility worker classification to attain
positions as social workers.
Section 3$ Workload Distribution
3$.1 The Social Service Department shall continue to review the amount and
nature of work in its operating units and shall initiate geographical reassign-
ment of employees necessary to proportion and more closely balance the number of
available employees in each classification with the anticipated ampunt and
nature of work in operating units throughout the department. If an imbalance
occurs and the Department determines to correct the imbalance by involuntary
E reassignment, the Department shall identify the district from which the
reassignment shall be made and the least senior employee in the identified
district and in the classification in which the imbalance exists shall be
f
44
4
f
reassigned unless the position requires special skills and/or training. The
Department shall continue to review the number and nature of cases in its
operating units each three months and initiate such reassignment as deemed
necessary. Reassignments shall not be used as a replacement for disciplinary
procedures.
38.2 There shall be a Workload Committee in the Social Service Department
consisting of six (6) representatives of the department and six {6}
representatives of Local 535 who shall meet to share information, to discuss the
existing amount and nature of work in services programs and categorical aid
programs, and to make recommendations regarding the balancing of the number of
available employees in each classification with the anticipated amount in nature
of work in the operating units throughout the Department. The Workload
Committee shall meet once each month. Recommendations by the Workload Committee
shall be forwarded for review to the Department Head who shall respond to such
recommendations within 30 days. If a review of the number and nature of cases
in operating units throughout the department shows an imbalance in the available
number of employees, the Social Services Department shall take such measures as
deemed necessary to proportion the amount and nature of work throughout the
Department within one-hundred and twenty (120) days from the date such imbalance
is determined to exist.
38.3 In each classification series, seniority for reassignment purposes
shall be determined by date of hire into that series as defined below:
Eligibility Series; Eligibility Worker I, Eligibility Worker II,
Eligibility Work Specialist.
Social Work Series: Vocational Counselor Trainee, Social Worker Trainee,
Social Worker I, Social Worker II, Social Worker III, Vocational Counselor.
Casework Specialist Series< Social Casework Specialist I, Social Casework
Specialist II.
38.4. If an employee is reassigned involuntarily, that employee shall
possess the required language skills in the event the vacancy involves a position
identified as bilingual.
38.5 The Social Service Department shall commence by December 15, 1981,
through the Workload Committee, a study of the distribution and difficulty of
bilingual cases.
Section 32 Reassignment
39.1 The Social Service Department shall continue a vacancy information
system which will list vacant positions which the Department has determined will
be filled by interdepartmental reassignment. Positions shall be listed for five
(5) working days prier to filling the position. Permanent employee's desirous
of reassignment to a position in the same classification in another work location,
shall submit a request in writing to the Social Service Department Personnel
Office on the appropriate forms. Such request will stay in effect for ninety (90)
days from the date it is submitted. When it is determined that a vacant position
will be filled by interdepartmental transfer, the Department will determine from
which district the transfer will be made based upon the amount and nature of work,
- 45
and the names of people from that district in the appropriate classifications
who have indicated a desire to transfer will be submitted to the supervisor who
will make a selection from the five (5) most senior individuals referred. This
procedure shall not apply to positions in specially funded projects or special
assignments of limited duration.
39.2 In each classification series seniority for reassignment purposes
shall be determined by date of hire into that series as defined below:
Eligibility Series: Eligibility Worker I, Eligibility Worker II,
Eligibility Work Specialist.
Social Work Series. Vocational Counselor Trainee, Social Worker Trainee,
Social Worker I, Social Worker II, Social Worker III, Vocational Counselor.
Casework Specialist {Series: Social Casework Specialist I, Social Casework
Specialist II.
39.3 If an employee is reassigned voluntarily, that employee shall possess
required language skills in the event the vacancy involves a position identified
as Bilingual.
39.14 Reassignment shall not be used as a replacement for disciplinary
procedures.
Section 140 Staggered Work Schedule
140.1 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 consist 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 appropriate. The decision
of the Department dead or designee shall be final.
D. Lunch periods of one (1) or one half (1/2) flour shall be scheduled.
In the event that the employee desires to change the scheduled lunch
hour from one (1) hour to one half (1/2) hour, or from one half (1/2)
hour to one (1) hour, that change must be approved in advance by the
Department Head or designee. Lunch periods shall be taken within
one (1) hour of the midpoint of the employee's scheduled workday.
- 46 -
E. Each work unit designated by placement under a single line supervisor
shall have atleast one line worker in the office during the hours of
8:00 a.m. to 5:00 p.m. Each such unit shall also have at least one
additional line worker in the office or otherwise engaged in the
duties of their positions during the hours of 8:00 a.m. and 4:30 p.m.
There are two situations in which exceptions may be made to these
minimum coverage provisions. Units which are placed under a single
supervisor but which are split between two or more buildings may be
clustered with another unit of a like program function in the
immediate work areas of the same building for the purpose of
maintaining minimum coverage during the time period between 4:30 p.m.
and 5:00 p.m. A unit of three or fewer workers may be clustered
with another unit of a like program function in the immediate work
area for purpose of maintaining minimum coverage, provided that the
total number of workers in the units so clustered shall not exceed
eight
F. Each employee's proposed staggered schedule must be submitted in
writing and approved by the Department Head or designee prior to
implementation.
G. Changes in staggered schedules shall be requested in writing and
must have the approval of the Department Mead or designee prior to
implementation.
H. Conflicting requests for schedules shall be resolved by the
Department Head whose decision shall be final.
I. In the event coverage within a location becomes temporarily reduced
as a result of scheduling revisions or absenteeism, employees will
be expected to assure that the necessary functions are perforated,
particularly the answering of telephones.
J. It is understood that an individual employee's schedule may be
changed due to the needs of the department.
K. In the event this staggered scheduling provision is found by the
department to be inconsistent with the needs of the department, the
department shall so advise representatives of Vocal 535 and the
County and the Union shall meet and confer in an attempt to resolve
the inconsistency.
40.2 The Public Health Division of the Health Services Agency shall institute,
within clinic and caseload requirements, a staggered hours work schedule plan in
which permanent full-time Social Workers and Eligibility Workers shall have the
option to request, subject to prior approval of the Department Head or designee,
an eight hour day, forty hour work week schedule consisting of work hours which
ma- be other than the normal 8:00 a.m. to 5:00 p.m., Monday through Friday. The
following shall serve as the basic criteria for departmental approval:
A. All employees must be present at their office or otherwise engaged
in the duties of their position during the core hours of 9:00 a.m.
to 4:00 p.m.
47 -
B. Work schedules must remain within the hours of 7:30 a.m. and
5:30 p.m. except for specific assignments which may require work
beyond those hours.
C. The selected staggered work schedule shall consist of the same
eight hour work days as is necessary to provide coverage during the
hours of 8:00 a.m. to 5:00 p.m. The decision of the Department
Tread of designee shall be final.
D. Lunch periods of one (1) or one-half (1/2) hour shall be scheduled
subject to the approval of the Department Head or designee. In the
event that the Social Worker or Eligibility Worker desire to change
the scheduled lunch hour from one (1) hour to ane-half (1/2) hour,
or from one-half (1/2) hour to one (1) hour, that change must be
approved in advance by the Department Head or designee.
E. Each proposed staggered schedule must be submitted in writing and
approved by the Department Head or designee prior to implementation.
F. Changes in staggered schedules shall be requested in writing and
must have the approval of the Department Head or designee prior to
implementation.
G. Conflicting requests for schedules shall be resolved by the
Department Head or designee, and this decision shall be final.
H. In the event coverage within an area office becomes temporarily
reduced as a result of program changes, scheduling revisions,
absenteeism, or reductions in staffing, the department may adjust
Social Worker and Eligibility Worker schedules and/or duties to
assure that the necessary functions of the department are
performed.
I. It is understood that an individual employee's schedule may be
changed due to the needs of the department.
J. In the event this staggered scheduling provision is found by the
department to be inconsistent with the needs of the department, the
department shall so advise representatives of Local 535 and the
County and the Union shall meet and confer in an attempt to resolve
the inconsistency.
Section 41 Reimbursement for Meal Expenses
Employees shall be reimbursed for meal expenses under the following circumstances
and in the amount specified:
1. When the employee is required by his/her Department Head to attend
a meeting concerning County business or County affairs.
2. When the employee is required to be out of his/her regular or
normal work area during a meal hour because of a particular work
assignment.
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3. When the employee im required to stay over to attend consecutive or
continuing afternoon and night sessions of a board or commission.
4. When the employee is required to incur expenses as host for
official guests of the County, work as members of examining boards,
official visitors, and speakers or honored guests at banquets or
other official functions.
5. When the employee is required to work three or more hours of
overtime; in this case he or she may be reimbursed in accordance
with Administrative Bulletin on expense reimbursement.
Meal costs will be reimbursed only when eaten away from home or away from the
facility in the case of employees at 24-hour institutions.
Procedures and definitions relative to reimbursement for meal expenses shall be
in accordance with the Administrative Bulletin on Expense Reimbursement.
Section 42 Modification and Decertification
For the duration of this Memorandum of Understanding the following shall apply:
34-12.008 - Unit Determination (a) shall be modified in the first paragraph to
delete the ten percent requirement for an employee organization intervening in
the unit determination process and substitute therefore a thirty percent
requirement.
34-12.012 - Election Procedure (b) shall be modified in the first paragraph to
delete the ten percent requirement for any recognized employee organization(s)
to appear on the ballot and substitute therefore a thirty percent requirement.
-3-4-12.016 Modification of„ _Representation Units shall be modified in the first
sentence by adding words to the effect of "most recent" to the date of deter-
mination. This section shall be modified in the second sentence to require that
petitions for modification of a representation unit be filed during a period of
not more than one hundred and fifty days nor less than one hundred and twenty
days prior to the expiration of the Memorandum of Understanding in effect. The
last sentence of this section shall be modified so that modification of a
representation unit shall not negate the term of an existing Memorandum of
Understanding between the County and the recognized employee organization of the
unit prior to the modification proceedings.
34-12.018 Decertification Procedure shall be modified in the first sentence by
adding words to the effect of "most recent" to the date of formal recognition
and by requiring the petition be submitted during a period of not more than one
hundred and fifty days nor less than one hundred and twenty days prior to the
expiration of the Memorandum of Understanding in effect.
Section43Length 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.
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Section 44 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 45 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. If
the employee works at least 50% of full time, County retirement participation is
also included.
Section 46 Permanent Intermittent Emrployge Benefits
Permanent intermittent employees are eligible for prorated vacation and sick
leave benefits.
Section 47 Permanent Intermittent Health Plan
Effective October 1 , 1981 a permanent intermittent employee represented by
Social Services Union Local 535 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 primium appropriately and
punctually. Failure to meet the premium deadline will mean automatic and
immediate withdrawal from the County Group Health Plan and reinstatement may
only be effectuated during the annual open enrollment period.
Section 48 Provisional Employee 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 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 49 Unfair Labor Practice
49.1 Either the County or the Union may file an unfair labor practice
against the other. Allegations of an unfair labor practice, if not resolved in
discussions between the parties, may be heard by a mutually agreed upon
impartial third party.
49.2 Unfair Labor Practice - County. It is an unfair labor practice for
the County to:
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1 . Interfere with, restrain or coerce employees in the exercise of the
rights recognized or granted in this division,
2. Dominate or interfere with the formation of any employee organization
or interfere with selection of a majority representative;
3. Contribute financial support to any employee organization; or
4. Refuse to meet and confer in good faith (with representatives of
formally organized employee organizations on matters within the
scope of representation) , or to refuse to consult with informally
recognized employee organizations on matters within the scope of
representation.
49.3 Unfair Labor Practice - Union. It is an unfair labor practice for the
Union or their representatives or members to:
1 . Interfere with, restrain or coerce employees in the exercise of the
rights recognized or granted in this division;
2. Coerce, attempt to coerce or discipline any member of an organization
so as to hinder or impede the performance of his duties;
3. Discriminate against any employee with regard to the terms or
conditions of membership because of race, color, creed, sex or
national origin;
4. Refuse to consult, or meet and confer in good faith, with management
representatives on matters within the scope of representation, or
5. Initiate, engage in, cause, instigate, encourage or condone a work
stoppage of any kind or other disruptive activities which are
detrimental to the conduct of county business and services.
Section 50 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 51 Scope of A reement and Se arabilit of Provision
51 .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.
51.2 Separability of Provisions. Should any section, clause or provision of
this Memorandum of Understanding be declared illegal, unlawful or unenforceable,
by final ,judgment of a court of competent ,jurisdiction, such invalidation of
such section, clause or provision shall not invalidate the remaining portions
hereof, and such remaining portions shall remain in full forge and effect for the
duration of this Memorandum of Understanding.
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51 .3 Personnel Man „ement 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 and as such remain in full
force and effect.
Section 52 Past Practices and Existing Memoranda. of Understanding
Continuance of working conditions and past practices not specifically authorized
by ordinance or by resolution of the Board of Supervisors is not guaranteed by
this Memorandum of Understanding; provided, however, that only during the term
of this Memorandum of Understanding which expires June 30, 1983, the Union may
claim a violation of a past practice if the Union can demonstrate that such past
practice exists by virtue of having been acknowledged and agreed to by
Management, the alleged violation of said past practice will be subject to the
grievance procedure.
This Memorandum of Understanding shall supersede all existing memoranda of
'understanding between the County and the Union.
Yater e•✓ a 1^f 1 .r `�.s.IIY. � �
CON CO TA CO Y fit SOCIAL SERVICES UNION, LOCAL 535
By
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Attachment A
Social Services Union, Local 535 and the County have met and conferred in good
faith regarding wages, hours. and other terms and conditions of employment for
employees in project classes which except for the project designation would be
represented by Social Services Union, Local 535. For example, Social Program
Planner I is represented by Social Services Union, Local 535, therefore, it has
been agreed that Social Program Planner I-Project will also be represented by
Social Services Union, Local 535.
Other project classes that are not readily identifiable as properly included in
bargaining units represented by Social Services Union, Local 535, shall be
assigned to bargaining units in accordance with the provisions of
Section 34-12.015 of 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 Social Services
Union, Local 535 in the following respects.
1 . Project employees are not covered by the Merit System.
2. Project employees may be separated from service at any time without
regard to the Skelly previsions 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.
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ATTACHMENT B
CLASS E SALARY LISTING
PC0079.1 CEC3 CCOE 5 08128/81
SOCIAL SERVICES UNIT
LEVEL SALARY RANGE CLASS TITLE
X4VA. 9 H2 3'50• 1749.00 - 21269009 9 *CLINICAL SOCIAL WORKER
)(MYF9 9 H2 — 035. 12769CC - 15519009 9 *ELIGIBILITY WORK SPECIALIST
XHWA. * Hl — 844* 1057900 - 12A49009 9 9ELICTOILITY WORKER I
XHVA. . H1, — 960. 1187*CC — 1442.00. . .ELIGIBILITY WORKER IT
9KSB* . N2 — 249, 15P1.00 - 1921.00. . .HCME MAINTENANCE TRAINE91CRGAi+ It'ER
X4'WA. r H2 — 350. 1744.04 - 21269009 9 .PUBLIC HEALTV SOCIAL WORKER
XC1* 9 H2 — 277. 1626940 — 197690C9 9 .SOCIAL CASEWORK SPECIALIST I
X0V99 « H2 _ 350. 1749900 — 2126.00. 9 *SOCIAL CASEWORK SPECIALIST II
XTSC. . H2 — 350. 1749.00 — 21,26.00. . .SOCIAL PROGRAM PLANNER I
XTSP . . H2 — 545• 2125.00 - 2583.04. . .SOCIAL PROGRAM PLANNER II
X0WA9 9 H1, — 9609 1187*CO - 14429009 9 *SOCIAL WORKER I
XOVA• 9 H2 •- 109, 1374.CC - 2671.00. . .SCCIAL VC'PKER IT
IOTA. 9 H2 — 230. 1551900 — 1885.009 9 .SOCIAL 'CORKER III
X07A. . H1 — 960. 11E7.GC — 1442.CC* . .SOCIAL WORKER TRAINEE
X7'WA. . H2 — 230. 1551.00 — 18859409 9 *VOCATIONAL COUNSELLCR
X77A9 9H1 -- 9609 11P790C — 1442.00a 9 9VCCATIONAL COUNSELLCR TRAINEE
— 54 —
ATTACMENT B (cont`d)
CLASS E SALARY LISTING
tt3l79. 1 CF05 CCCE D 09128181
CPPLNITY SERVICES LNIT
LEVEL SALARY VANCE GLASS TITh
X0WA. .Hl - 743 . 955.00 — 1161.00. . .CCMMLNITY AIME
XD7A. .Hl - 640 + 862.00 — 1C4?*00. . .CCPPIJNITY AIDE TRAINEE
XDVA. *Hl - 844• 1057*00 — 1284.00. . .SOCIAL SERVICE COMMUNITY ASSISIANT
_ 55 _