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RESOLUTIONS - 01011997 - 1997-465
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on September 9, 1997 , by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, and DeSaulnier NOES: None ABSENT: None ABSTAIN: None Subject: Approval of the 1995-1999 Memorandum of ) Understanding with SEIU Local 535 ) Rank & File Unit ) Res. No. 97/ 465 The Contra Costa Board of Supervisors RESOLVES THAT: 1. On November 19, 1996 the Labor Relations Manager submitted a Letter of Understanding dated November 14, 1996 which reflected negotiated agreements reached-between the parties on terms and conditions of employment affecting employees represented by SEIU Local 535 Rank & File Unit. 2. The Memorandum of Understanding with SEIU Local 535 Rank & File Unit incorporating the agreed-upon terms and conditions mentioned above i ' attached. 3. This Board having considered said Memorandum of Understanding, the same is approved. 4. If an Ordinance(s) is required to implement any of the foregoing provisions, the Board of Supervisors will adopt said Ordinance(s). 5. This Resolution is effective as of October 1, 1995. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED September -.9-,-1997 Phil Batchelor,Clerk of the Board of Supervisors and County Administrator By 1"' `• '- 2 / Deputy Orig. Dept: Human Resources Department (Kathy Ito at 5-1765) cc: Labor Relations Unit Auditor-Controller's Office Social Service Department SEIU Local 535 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND SOCIAL SERVICES UNION, LOCAL 535 RANK & FILE UNIT OCTOBER 1 , 1995 - SEPTEMBER 30, 1!999 SEIU LOCAL 535 RANK & FILE UNIT TABLE OF CONTENTS SECTION 1 UNION RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . 5 SECTION 2 UNION SECURITY 2.1 Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2.2 Agency Shop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2,3 Maintenance of Membership . . . . . . . . . . . . . . . . . . . . 10 2.4 Union Dues Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2.5 Withdrawal of Membership . . . . . . . . . . . . . . . . . . . . . . 11 2.6 Communicating With Employees . . . . . . . . . . . . . . . . . 11 2.7 Use of County Buildings . . . . . . . . . . . . . . . . . . . . . . . . 13 2.8 Advance Notice . . . . . . . . . . . . . . . . . . . . . . . ... . . . . 14 2.9 Written Statement for New Employees . . . . . . . . . . . . 14 SECTION 3 NO DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . 15 SECTION 4 SHOP STEWARDS & OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetings . . . . . . . . . . . . . . . . . . . . . . . . 15 4.2 Union Representatives . . . . . . . . . . . . . . . . . . . . . . . . . 16 4.3 Social Service Representatives . . . . . . . . . . . . . . . . . . 18 4.4 Social Service Office Stewards . . . . . . . . . . . . . . . . . . 17 4.5 Department Notification . . . . . . . . . . . . . . . . . . . . . . . . 18 SECTION 5 SALARIES 5.1 General Wage Increases . . . . . . . . . . . . . . . . . . . . . . . 18 5.2 Pay Equity Implementation . . . . . . . . . . . . . . . . . . . . . . 19 5.3 Entrance Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 5.4 Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 5.5 Increments Within Range . . . . . . . . . . . . . . . . . . . . . . . 23 5.6 Part-Time Compensation . . . . . . . . . . . . . . . . . . . . . . . 24 5.7 Compensation for Portion of Month . . . . . . . . . . . . . . . 25 5.8 Position Reclassification . . . . . . . . . . . . . . . . . . . . . . . 25 5.9 Salary Reallocation & Salary on Reallocation . . . . . . . 26 5.10 Salary on Promotion . . . . . . . . . . . . . . . . 27 5.11 Salary on Appointment From a Layoff List . . . . . . . . . . 28 5.12 Salary on Involuntary Demotion . . . . . . . . . . . . . . . . . . 28 5.13 Salary on Voluntary Demotion . . . . . . . . . . . . . . . . . . . 29 5.14 Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 0 0 0 5.15 Pay for Work in Higher Classification . . . . . . . . . . . . . . 30 5.18 Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 5.17 Pay Warrant Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 SECTION 6 DAYS & HOURS OF WORK 8.1 Normal Work Week & Deviations . . . . . . . . . . . . . . . . 34 6.2 Staggered Work Schedule . . . . . . . . . . . . . . . . . . . . . . 34 6.3 9180 Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 SECTION 7 OVERTIME & COMPENSATORY TIME 7.1 Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 7.2 Compensatory Time . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 7.3 Part-Time Differential . . . . . . . . . . . . . . . . . . . . . . . . . . 44 SECTION 8 CALL BACK TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 SECTION 9 ON-CALL DUTY . . . . . . . . . . . . . . . . . . . . . . ... . . . . 45 SECTION 10 SHIFT DIFFERENTIAL . . . . . . . . . . . . . . . . . . . . . . . . 45 SECTION 11 WORKFORCE REDUCTIONILAYOFF/REASSIGNMENT 11.1 Workforce Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . 46 11.2 Separation Through Layoff . . . . . . . . . . . . . . . . . . . . . . 48 11.3 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 11 .4 Special Employment Lists . . . . . . . . . . . . . . . . . . . . . . 55 11.5 Reassignment of Laid Off Employees . . . . . . . . . . . . . 55 11.8 Further Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 SECTION 12 HOLIDAYS 12.1 Holidays Observed . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 12.2 Application of Holiday Credit . . . . . . . . . . . . . . . . . . . . 57 12.3 Holidays Falling on Saturday or Sunday . . . . . . . . . . . 58 12.4 Accrual of Holiday Time & Credit . . . . . . . . . . . . . . . . . 58 SECTION 13 VACATION 13.1 Vacation Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 13.2 Vacation Accrual Rates . . . . . . . . . . . . . . . . . . . . . . . . 60 13.3 Accrual During Leave Without Pay . . . . . . . . . . . . . . . 61 13.4 Vacation Allowance for Separated Employees . . . . . . 61 13.5 Vacation Preference . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 CACI❑ ❑ SECTION 14 SICK LEAVE 14.1 Purpose of Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . 61 14.2 Credits To and Charges Against Sick Leave . . . . . . . . 61 14.3 Policies Governing the Use of Paid Sick Leave . . . . . . 62 14.4 Administration of Sick Leave . . . . . . . . . . . . . . . . . . . . 67 14.5 Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 14.6 Workers" Compensation . . . . . . . . . . . . . . . . . . . . . . . . 76 14.7 Leave Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 14.8 State Disability Insurance ( SDI) . . . . . . . . . . . . . . . . . 79 14.9 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 14.10 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 14.11 Method of Integration . . . . . . . . . . . . . . . . . . . . . . . . . . 81 14.12 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 14.13 Conversion to the New SDI Program . . . . . . . . . . . . . . 82 14.14 Disability Insurance Review Committee . . . . . . . . . . . . 83 14.15 Employee Annual Health Examination . . . . . . . . . . . . . 84 SECTION 15 CATASTROPHIC LEAVE BANK 15.1 Program Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 15.2 Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 SECTION 16 LEAVE OF ABSENCE 16.1 Leave Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 16.2 General Administration - Leaves of Absence . . . . . . . . 88 16.3 Furlough Days Without Pay . . . . . . . . . . . . . . . . . . . . . 90 16.4 Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 16.5 Family Care Leave or Medical Leave . . . . . . . . . . . . . . 91 16.6 Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 16.7 Intermittent Use of Leave . . . . . . . . . . . . . . . . . . . . . . . 92 16.8 Aggregate Use for Spouses . . . . . . . . . . . . . . . . . . . . . 92 16.9 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 16.10 Pregnancy Disability Leave . . . . . . . . . . . . . . . . . . . . . 95 16.11 Group Health Plan Coverage . . . . . . . . . . . . . . . . . . . . 95 16.12 Leave Without Pay - Use of Accruals . . . . . . . . . . . . . . 96 16.13 Leave of Absence Replacement . . . . . . . . . . . . . . . . . 97 16.14 Leave of Absence Return . . . 98 16.15 Reinstatement From Family Care Medical Leave . . . . 98 16.16 Salary Review While on Leave of Absence . . . . . . . . 99 16.17 Unauthorized Absence . . . . . . . . . . . . . . . . . . . . . . . . . 99 16.18 Non-Exclusivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 16.19 Time Off to Vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 0 00® SECTION 17 JURY DUTY AND WITNESS DUTY 17.1 Jury Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 17.2 Witness Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 SECTION 18 HEALTH AND WELFARE, LIFE AND DENTAL CARE 18.1 County Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 18.2 Rate Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 18.3 Medicare Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 18.4 Partial Month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 18.5 Coverage During Absences . . . . . . . . . . . . . . . . . . . . 105 18.8 Retirement Coverage . . . . . . . . . . . . . . . . . . . . . . . . . 108 18.7 Dual Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 SECTION 19 PROBATIONARY PERIOD 18.1 Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 19.2 Probation Periods Over Six Months . . . . . . . . . . . . . . 105 19.3 Revised Probationary Period . . . . . . . . . . . . . . . . . . . 107 19.4 Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 19.5 Rejection During Probation . . . . . . . . . . . . . . . . . . . . 107 19.8 Regular Appointment . . . . . . . ... . . . . . . . . . . . . . . . . 109 19.7 Layoff During Probation . . . . . . . . . . . . . . . . . . . . . . . 110 19.8 Rejection During Probation of Layoff Employee . . . . . 111 SECTION 20 PROMOTION 20.1 Competitive Exam . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 20.2 Promotion Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 20.3 Open Exam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 20.4 Promotion Via Reclass Without Examination 112 20.5 Requirements for Promotional Standing . . . . . . . . . . 112 20.5 Seniority Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 20.7 Physical Examination Requirement . . . . . . . . . . . . . . 113 SECTION 21 TRANSFER 21.1 Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 21.2 Transfer Without Examination . . . . . . . . . . . . . . . . . . 114 21.3 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 SECTION 22 RESIGNATIONS 22.1 Resignation in Good Standing . . . . . . . . . . . . . . . . . . 115 22.2 Constructive Resignation . . . . . . . . . . . . . . . . . . . . . . 115 22.3 Effective Resignation . . . . . . . . . . . . . . . . . . . . . . . . . 117 ❑ ❑❑ ❑ 22.4 Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 22.5 Coerced Resignations . . . . . . . . . . . . . . . . . . . . . . . . 117 SECTION 23 DISMISSAL SUSPENSION AND DEMOTION 23.1 Sufficient Cause for Action . . . . . . . . . . . . . . . . . . . . . 113 23.2 Skelly Requirements . . . . . . . . . . . . . . . . . . . . . . . . . 120 23.3 Leave Pending Employee Response . . . . . . . . . . . . . 121 23.4 Length of Suspension . . . . . . . . . . . . . . . . . . . . . . . . . 121 23.5 procedure on Disciplinary Action . . . . . . . . . . . . . . . . 122 SECTION 24 GRIEVANCE PROCEDURE 24.1 Definition and Procedural Steps . . . . . . . . . . . . . . . . . 123 24.2 Scope of Adjustment Bd. and Arb.Decisions . . . . . . . 126 24.3 Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 24.4 Compensation Complaints . . . . . . . . . . . . . . . . . . . . . 127 24.5 No Strike . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 24.6 Merit Board . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . 129 24.7 Filing by Union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 24.3 Union Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 SECTION 25 BILINGUAL PROVISIONS 25.1 Salary Differential . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 25.2 Spanish Notices of Action . . . . . . . . . . . . . . . . . . . . . 130 25.3 Non-English Speaking Caseloads . . . . . . . . . . . . . . . 130 SECTION 26 RETIREMENT CONTRIBUTION . . . . . . . . . . . . . . . . 130 SECTION 27 TRAINING REIMBURSEMENT . . . . . . . . . . . . . . . . . 131 SECTION 29 MILEAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 SECTION 29 RESPITE LEAVE WITHOUT PAY . . . . . . . . . . . . . . . 132 SECTION 30 MENTAL HEALTH SCREENING DIFFERENTIAL . . 133 SECTION 31 CONSERVATORSHIP DIFFERENTIAL . . . . . . . . . . 133 SECTION 32 NOTICE OF NEW EMPLOYEES . . . . . . . . . . . . . . . . 134 SECTION 33 PERSONNEL ACTIONS 33.1 Personnel Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 33.2 Counseling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 33.3 Copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 0 0 0 33.4 Performance Evaluation . . . . . . . . . . . . . . . . . . . . . . . 137 SECTION 34 SAFETY PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . 141 SECTION 35 FLEXIBLE STAFFING 35.1 Designated Positions . . . . . . . . . . . . . . . . . . . . . . . . . 142 35.2 Continuous Testing for Flexibly Staffed Classes . . . . 143 SECTION 36 CAREER LADDER . . . . . . . . . . . . . . . . . . . . . . . . . . 144 SECTION 37 STAFFING ALLOCATIONS & WORKLOAD DISTRIBUTION 37.1 Quarterly Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 37.2 Department/Union Monthly Meeting . . . . . . . . . 145 37.3 Workload Committee . . . . . . . . . . . . . . . . . . . . . . . . . 145 37.4 Topics for Discussion . . . . . . . . . . . . . . . . . . . . . . . . . 148 37.5 Meeting Minutes . . . . . . . . . . . . . . . . . . . . . . . . .- . . . . 148 37.6 Referral Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 37.7 Workload Streamlining . . . . . . . . . . . . . . . . . . . . . . . . 147 37.8 Maintenance of Positions . . . . . . . . . . . . . . . . . . . . . . 147 SECTION 38 STAFFING ALLOCATIONS & REASSIGNMENTS . 148 SECTION 39 REIMBURSEMENT FOR MEAL EXPENSES . . . . . . 151 SECTION 40 PERSONAL PROPERTY REIMBURSEMENT . . . . . 152 SECTION 41 LENGTH OF SERVICE DEFINITION . . . . . . . . . . . . 154 SECTION 42 SERVICE AWARDS . . . . . . . . . . . . . . . . . . . . . . . . . 154 SECTION 43 PERM. PART-TIME EMPLOYEE BENEFITS . . . . . . 156 SECTION 44 P-1 EMPLOYEE BENEFITS . . . . . . . . . . . . . . . . . . . . 157 SECTION 45 P-I EMPLOYEE HEALTH PLAN . . . . . . . . . . . . . . . . 157 SECTION 46 PROVISIONAL EMPLOYEE BENEFITS . . . . . . . . . 157 SECTION 47 INDEMNIFICATION & DEFENSE OF COUNTY EMPLOYES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 SECTION 48 MODIFICATION & DECERTIFICATION . . . . . . . . . . 158 0 00 0 SECTION 49 UNFAIR LABOR PRACTICE 49.1 Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 49.2 Unfair Labor Practice .. County . . . . . . . . . . . . . . . . . . 159 49.3 Unfair Labor Practice - Union . . . . . . . . . . . . . . . . . . . 160 SECTION 50 REPRESENTATION OF TEMPORARY EMPLOYEES 50.1 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 50.2 Emergency Appointments . . . . . . . . . . . . . . . . . . . . . 161 50.3 Agency Shop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 50.4 Agency Shop Deductions . . . . . . . . . . . . . . . . . . . . . . 163 50.5 Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 50.6 Salary Increments Within Range . . . . . . . . . . . . . . . . 165 50.7 Paid Time Off . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 50.8 Provisional Employees . . . . . . . . . . . . . . . . . . . . . . . . 168 50.9 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . 168 SECTION 51 DEPENDENT CARE . . . . . . . . . . . . . . . . . . . . . 168 SECTION 52 SPECIAL STUDIES & OTHER ACTIONS 52.1 Special Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 52.2 Other Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 52.8 Double Medical Coverage . . . . . . . . . . . . . . . . . . . . . 171 52.4 Attendance Program . . . . . . . . . . . . . . . . . . . . . . . . . 172 52.5 Deferred Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . 172 SECTION 53 ADOPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 SECTION 54 SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS 54.1 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . 172 54.2 Separability of Provisions . . . . . . . . . . . . . . . . . . . . . . 173 54.3 Personnel Management Regulations . . . . . . . . . . . . . 173 ATTACHMENTS EXHIBITS SUBJECT INDEX ATTACHMENTS A - PROJECT POSITIONS B - CLASS & SALARY LISTING C - SIDE LETTER RE MQ'S FOR SOCIAL SERVICE PROGRAM ASSISTANT, SOCIAL WORKER AND VOCATIONAL COUNSELOR D - SIDE LETTER RE NOTIFICATION OF PROGRAM CHANGES TO WORKLOAD COMMITTEE EXHIBITS (INFORMATION/REFERENCE ONLY) A. SEPTEMBER 27, 1989 LETTER RE WORKLOAD B. OCTOBER 3, 1989 LETTER RE RECOGNITION OF PART-TIME & FULL TIME EMPLOYEES' SENIORITY FOR LAYOFFS C. HEALTH CARE COALITION SETTLEMENT AGREEMENT D. WAGE & HEALTH PLAN ADJUSTMENTS E. SUPPLEMENTAL PAY EQUITY AGREEMENT F. CELLULAR PHONES SIDE LETTER G. SSWFI & SSWFFI ALTERNATE CERTIFICATION SIDE LETTER H. AIR FILTERS MEMO FROM JOHN CULLEN MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND SOCIAL. SERVICES UNION, LOCAL. 535 RANK & FILE UNIT This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of the Contra Costa County Board of Supervisors Resolution 81/1165 and has been jointly prepared by the parties. The Employee Relations Officer (County Administrator) is the representative of Contra Costa County in employer- employee relations matters as provided in Board Resolution 81/1185. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Union is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. This MOU shall be presented to the Contra Costa County Board of Supervisors as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1 , 1995 and ending September 39, '1999. SEIU 535 R&F - 1 - 1995-99 mou i Special provisions and restrictions pertaining to Project employees covered by this MCU are contained in Attachment A which is attached hereto and made a part hereof. DEFINITIONS: Appointing Authority: Department Head unless otherwise provided by statute or ordinance. Class: A group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each-position allocated to the group. Class Title: The designation given to a class, to each position allocated to the class, and to the employees allocated to the class. Cly: Contra Costa County. Demotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is lower than the top step of the class which the employee formerly occupied except as provided for under Transfer or as otherwise provided for in this MCU, in the Personnel Management Regulations, or in specific resolutions governing deep classifications. Director of Human Resources: The person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. SEW 535 RBF - 2 - 1995-99 MOU Eligible: Any person whose name is on an employment or reemployment or layoff list for a given classification. Employee: A person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this MCU and whose position is held pending his/her return. Employment List: A list of persons, who have been found qualified for employment in a specific class. Layoff" List: A list of persons who have occupied positions allocated to a class in the Merit System and who have been involuntarily separated by layoff or displacement, or demoted by displacement, or have voluntarily demoted in lieu of lay6ff or displacement, or have transferred in lieu of layoff or displacement. Permanent-Intermittent Position: Any position which requires the services of an incumbent for an indefinite period but on an intermittent basis, as needed, paid on an hourly basis. Permanent Part-Time Position: Any position which will require the services of an incumbent for an indefinite period but on a regularly scheduled less than full time basis. Permanent Position: Any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. Project Employee: An employee who is engaged in a time limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenues. SEW 535 R&F - 3 - 1995-99 MOU Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under Transfer or as otherwise provided for in this MOO, in the Personnel Management regulations, or in specific resolutions governing deep classes. Position: The assigned duties and responsibilities calling for the regular full time, part-time or intermittent employment of a person. Reallocation: The act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five percent (5%) of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. Reclassification: The act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such position. Reemyment List: A list of persons, who have occupied positions allocated to any class in the merit system and, who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. Resignation: The voluntary termination of permanent service with the County from a position in the merit system. SEW 535 R&F - 4 - 1995-99 MOU Temporary Employment: Any employment in the merit system which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. Transfer: The change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on the salary plan that is within five percent (5%) at top step as the class previously occupied by the employee. SECTION 1 - UNION RECOGNITION The Union is the formally recognized employee organization for the representation units listed below, and such organization has been certified as such pursuant to Chapter 34-12 of Board Resolution 81/1165. Community Aide Unit Social Services Unit SECTION 2 - UNION SECURITY 2.1 Glues Deduction. Pursuant to Board Resolution No. 81/1165, only a majority representative may have dues deduction and as such the Anion has the exclusive privilege of dues deduction or agency fee for all employees in its units. SEW 535 R&F . 5 - '1995-99 MOU 2.2 Agency Sho-P. A. The Union agrees that it has a duty to provide fair and nondiscriminatory representation to all employees in the units for which this section is applicable regardless of whether they are members of the Union. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1 . Become and remain a member of the Union or; 2. pay to the Union, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. do both of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection SEW 535 R&F - 6 - 1995-99 MOU to joining or financially supporting any public employee organization as a condition of employment; and b. pay a sum equal to the agency shop fee described in Section 2.2.13.2 to a non- religious, non-labor, charitable fund chosen by the employee from the following charities: Family & Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. C. The Union shall provide the County with a copy of the Union's Hudson Procedure for the determination and protest of its agency shop fees. The Union shall provide a copy of said Hudson Procedure to every fee payor covered by this MOU within one month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by a fee payor to involve the Union's Hudson Procedure within one month after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee. D. The provisions of Section 2.2.8.2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff, and leave of absence with a duration of more than thirty (30) days. SEW 535 R&F - 7 - 1995-99 MOU E. Annually, the Union shall provide the Director of Human resources with copies of the financial report required pursuant to the Labor Management Disclosure Act of 1959. Such report shall be available to employees in the unit. Failure to file such a report within sixty (60) days after (,dune 30) shall result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed. F. Compliance. 1 . An employee employed in or hired into a job class represented by the Union .shall be provided with an Employee Authorization for Payroll Deduction form by the Human Resources Department. 2. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and the Union dues, agency shop fee, initiation fee or charitable contribution required under Section 2.2.5.3 are not received, the Union may, in writing, direct that the County withheld the agency shop fee and the initiation fee from the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the union. G. The Union shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other SEW 535 R&F - 8 . 1995-99 MOU forms of liability that arise out of or by reason of this Union security section, or action taken or not taken by the County under this Section. This includes, but is not limited to, the County's Attorneys' fees and costs. The provisions of this subsection shall not be subject to the grievance procedure. H. The County Human Resources Department shall monthly furnish a list of all new hires to the Union. 1. In the event that employees in a bargaining unit represented by the Union vote to rescind Agency Shop, the provisions of Section 2.3, 2.4,-,.and 2.5 shall apply to dues-paying members of the Union. 2.3 Maintenance of Membership. All employees represented by the Union who are currently paying dues to the Union and all employees in such unit who hereafter become members of the Union shall as a condition of continued employment pay dues to the Union for the duration of this MOU and each year thereafter so long as the Union continues to represent the classification to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.5. 2.4 Union Cues Farm. Employees hired into classifications represented by the Union shall, as a condition of employment at the time of employment, complete a Union dues authorization card provided by the Union and shall have deducted from their paychecks the membership dues of the Union. Said employees shall have thirty (30) days from the date of hire to decide if they do not want to become S►EW 535 R&F - 9 - 1995-99 MOU 40 .0 0 9 ow. Controller shall submit to the Union a list of the employees who have rescinded their authorization for dues deduction. 2.6 Communicating With Employees. The Union shall be allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of offices in which there are employees represented by the Union, provided the communications displayed have to do with matters within the scope of representation and further provided that the employee organization appropriately posts and removes the information. The department head reserves the right to remove objectionable materials after notification and discussion with the Union. Representatives of the Union, not on County time, shall be permitted to place a supply of employee literature at specific locations in County buildings if arranged through the Department Head or designated representative; said repre- sentatives may distribute employee organization literature in work areas (except work areas not open to the public) if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on-duty employees. The Union shall be allowed access to work locations in which it represents employees for the following purposes: a. To post literature on bulletin boards; b. to arrange for use of a meeting room; C. to leave and/or distribute a supply of literature as indicated above; SEW 535 R&F - 11 - 1995-99 MOU d. to represent an employee on a grievance, and/or to contact a Union officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason for the visit, will be made with the departmental representative in charge of the work area, and the visit will not interfere with County services. 2.7 Use of County Buildings. The anion shall be allowed the use of areas normally used for meeting purposes for meetings of County employees during non- work hours when; a. Such spare is available and its use by the Union is scheduled twenty-four (24) hours in advance, b. there is no additional cost to the County, C. it does not interfere with normal county operations; d. employees in attendance are not on duty and are not scheduled for duty; e. the meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Anion shall maintain proper order at the meeting, and see that the space is left in a clean and orderly condition. SEW 535 R&F - 12 - 1996-99 MOU The use of County equipment (other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even though it may be present in the meeting area. 2.8 Advance Notice. The Union shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions designated by the Board, and to meet with the body considering the matter. On matters within the scope of representation the County agrees that the Human Resources Department will notify a Union's designee(s) when an issue within the scope of representation is placed on the Board's agenda. If there is insufficient time to meet and confer on an issue prior to the Board's meeting, the item shall be deferred if so requested by the Union. In cases of emergency when the Board, or boards and commissions designated by the Board, determines it must act immediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical after its action. 2.9 Written Statement for New Employees. The County will provide a written statement to each new employee hired into a classification which is in the Social Services Unit or Community Aide Unit that their classification is represented by Local 535, and the name of a representative of Local 535. SEW 535 R&F - 13 - 1995-99 Moll SECTION 3 - No DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, political opinion, sex, sexual orientation, or Union activities against any employee or applicant for employment by the County or by .anyone employed by the County; and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age or physical disability. SECTION 4 - SHOP STEWARDS & OFFICIAL REPRESENTATIVES 4.1 At�tenda at Meetings. Employees designated as shop stewards or official representatives of the Union shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows; a. If their attendance is required by the County at a specific meeting; b. if their attendance is sought by a hearing body for presentation of testimony or other reasons; C. if their attendance is required for meetings required for settlement of grievances filed pursuant to Section 23 - (Grievance Procedure) of this NICU; 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; SEW 535 R&F - 14 - 1995-99 MOU e. if they are designated as spokesperson or representative of the Anion and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's work station or assignment are made with the appropriate department head or designee, and the County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required. 4.2 UnioRepresentatives. Except in the Social Service Department, official representatives of the Union shall be allowed time off on County time for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Labor Relations Officer or other management representatives on matters within the scope of representation, provided that the number of such representatives shall not exceed two (2) without prior approval of the Labor Relations Officer, and that advance arrangements for the time away from the work station or assignment are made with the appropriate Department Head or designee. 4.3 Social Service Representatives. In the Social Service Department, the Union shall designate five (b) representatives who shall be allowed time off on County time with corresponding reduction in work assignments, up to sixteen (16) hours per week per representative, for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Labor Relations Officer or other management representatives on matters within the scope of EW 535 R&F - 15 - 1995-99 Mou representation or for the reasons as provided in 4.1 .a through 4.1 .e above. In each case, advance arrangements for time away from the employee's work assignment shall be made with the Department Head or designee. Such representatives from other departments shall be allowed time off as provided in Section 4.2 and the representatives designated in this Section shall not in the aggregate exceed five (5) employees. 4.4 Social Service Office Stewards. The Union may designate stewards in the Social Service Department who may be allowed to attend meetings held on County time for the purposes provided in 4.1 .d above. In each case, advance arrangements for time away from the employee's work assignment shall be made with the Department Head or designee. The number of stewards for the following offices shall be: Muir Road 2 Marina West 2 Hilltop 1 EI Sobrante 1 Rodeo 1 Douglas 1 Antioch 2 CMSE 1 If during the term of this MOU offices are combined or created, the Union may designate one (1) steward for each new office and two (2) stewards for any office with one hundred (100) or more represented employees. 4.5 Dep rtmen_t Notification. The Union shall notify in writing the Department Head or designee of those persons designated as official representatives and as stewards and of any changes of such designations when made. SEW 535 R&F - 16 - 1995-99 MOU SECTION 5 - SALARIES 5.1 General Wade Increases A. Effective July 1 , 1996 each represented classification shall receive a general wage increase of thirty (30) levels on the County Salary Schedule (3.0439%). S. Effective October 1 , 1997 each represented classification shall receive a general wage increase of twenty (20) levels on the County Salary Schedule (2.0191 %) plus Tier III or thirty (30) levels on the County Salary Schedule (3.0439°l%). C. Effective October 1 , 1998 each represented classification shall receive a general wage increase of 35 levels on the County Salary Schedule (3.4567%). D. Salaries. The Social Service Program Assistant (SSPA) class specification will be revised to reflect current job duties and responsibilities and the salary increased for incumbents in the SSPA class by 20 levels (2.0191 %) effective January 1 , 1996 to create the salary level of the SSPA class at a rate of at least five percent (5%) higher than that of Eligibility Work Specialist. The five percent (5%) difference in salary range shall be maintained between the SSPA and the Eligibility Work Specialist. SEW 535 R&.F - 17 - 1995-99 MOu The January 1 , 1996 increase shall be paid in a lump sum payment as outlined in E. below. E. Lump Sum Payment. The July 1 , 1996 increase will be paid in a Lump Sum Payment to each employee for the months of July, August, September, and October 1996, without interest, computed as follows: Employee regular pay, overtime pay and other earnings ordinarily computed as a percentage of base pay will be added together for each applicable pay period to determine the "Retro Pay Base" (RPB). This base will then be multiplied by three percent (3%) to arrive at the employee's lump sum payment. The payment amount thus computed will be added to the employee's December 10, 1996 paycheck where it will be listed separately as a "Lump Sum Payment' and will be subject to normal tax withholding and retirement deduction requirements. 5.2 New Pay,, uity Master Agreement. The County and the below listed Employee Organizations which participated in the Pay Equity Study jointly agree to provisions in this new Pay Equity Master Agreement executed in May 1995. In executing this agreement, both the County and the participating Employee Organizations (CCCEA Local One, AFSCME Locals 2700 and 512, SEW 535, California Nurses Association, Western Council of Engineers and the Appraisers' Association) state their intent that (1 ) the provisions of the Pay Equity Master Agreement contained herein shall stand separate from other terms and conditions SEW 535 R&F - 18 - 1995-99 hl OU of employment which may be negotiated and adopted in this MOU between the County and the individual participating Employee Organizations, and that (2) the provisions of the Pay Equity Master Agreement will remain in place as the basis under which all represented pay equity classes will be granted adjustments until all remaining classes reach the trend line or until such time as the parties mutually agree to modify or terminate this agreement. This agreement shall be presented to the Contra Costa County Board of Supervisors as the joint recommendation of the undersigned. 1 . Scope of Agreement. The County .and the participating Employee Organizations agree that provisions contained herein will fully supersede and replace the February 1993 Supplemental MOU on Pay Equity. 2. Adoption of Fixed Payout Formula. The County and the participating Employee Organizations agree to adopt a pay equity fixed payout formula described in below in 3. which will remain in effect until all pay equity classes are adjusted to the trend line, or until such time as the parties mutually agree to modify or terminate this agreement. 3. Operation of Formula. The pay equity fixed payout formula shall be computed as follows: The annual value of the general salary increase for all classifications represented only by the participating Employee Organizations (CCCEA Local One, AFSCME Locals 2700 and 512, SEIU Local 535, California Nurses Association, Western Council of Engineers and the Appraisers' Association) and SEIU 535 R&F - 19 - 1995-99 mou Management and Unrepresented employees, shell be totaled and multiplied by a factor of twenty percent (20%). The fixed amount of money derived from this calculation shall constitute the total pay equity increase for all classes below the trend line represented by the participating Employee Organizations and for all Management and Unrepresented classes below the trend line. The manner in which the pay equity increase will be distributed to all represented classes below the trend line shall be determined by the participating Employee Organizations who shall consider only (1 ) whether classes farthest from the trend line shall receive a greater percentage adjustment than classes closer to the trend line, and ( ) at what percentage distance below the trend line to apply any differing percentage adjustment. If upon review, the County finds that the manner in which the Employee Organizations have structured the distribution is unacceptable, the County and the Employee Organizations shall meet and confer. 4. Effective Dates. The County agrees that any pay equity increases will be effective gO days from the effective date of any general salary increases. b. Indemnification. Each participating union will promise not to bring or support comparable worth or pay equity litigation against Contra Costa County or any agent, servant, officer, or employee of Contra Costa County and further promise that in SEW 535 R&F - 20 - 1995-99 Mou the event litigation advancing comparable worth or pay equity claims is brought against the County or any of its agents, servants, officers, or employees, within five years from the effective date of this agreement by any person(s) employed or formerly employed in a class(es) represented by the participating unions, the union(s) representing such class(es) shall each pay up to five thousand dollars ($5000) of the County's attorney fees and costs; provided that the union is not named as a co-defendant in such litigation. 5.3 Entrance Salary. New employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range. 5.4 Anniversary Dates. Except as may otherwise be provided for in deep class resolutions, anniversary dates will be set as follows: a. New Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee suc- cessfully completes six (6) months service provided however, if an employee began work on the first regularly scheduled workday of the month the anniversary date is the first day of the calendar month when the employee successfully completes six (6) months service. SEW 535 R&F - 21 - 1995-99 MOU b. Promotions. The anniversary date of a promoted employee is determined as for a new employee in Subsection 5AA above. C. Demotions. The anniversary of a demoted employee is the first day of the calendar month after the calendar month when the demotion was effective. d. Transfer, Reallocation and Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary range or to a salary range which is within five percent (5%) of the top step of the previous classification, remains unchanged. e. Reemployment. The anniversary of an employee appointed from a reemployment list to the first step of the applicable salary range and not required to serve a probation period is determined in the same way as the anniversary date is determined for a new employee who is appointed the same date, classification and step and who then successfully completes the required probationary period. f. Notwithstanding other provisions of this Section 5, the anniversary of an employee who is appointed to a classified position from outside the County's merit system at a rate above the minimum salary for the employee's new class, or who is transferred from another governmental entity to this County's merit system, is one (1) year from the first day of the calendar month after the calendar month when the employee was appointed or transferred, SEW 535 R&F - 22 - 1995-99 MOU provided however, when the appointment or transfer is effective on the employee's first regularly scheduled work day of that month, his/her anniversary is one (1) year after the first calendar day of that month. 5.5 Increments Within Range. In the Social Service Department the performance of each employee, except those employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5.4 to determine whether the salary of the employee shall be advanced to the next higher step in the salary range. Advancement shall be granted based on the overall performance rating of.standard or based on the affirmative recommendation of the appointing authority. Based on the overall performance rating of below standard, the appointing authority may recommend denial of the increment subject to one additional review at some specified date before the next anniversary which must be set at the time submitted by the Appointing Authority. Except as herein provided, increments within range shall not be granted more frequently than once a year, nor shall more than one (1) step within-range increment be granted at one time, except as otherwise provided in deep class resolutions. In case an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review at some date before the next anniversary the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the County. If an operating department verifies in writing that an adminis- trative or clerical error was made in failing to submit the SEW 535 R&F - 23 - 1995-99 MOU documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary in the same ratio to the full time monthly rate to which the employee would be entitled as a full time employee under the provisions of this Section 5 as the number of hours per week in the employee's part- time work schedule bears to the number of hours in the full time work schedule of the department. 5.7 Compensation for Portion of Month. Any employee who works less than any full calendar month, except when on earned vacation or authorized sick leave, shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis. 5.5 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule as is the class of the position before it was reclassified, shall be paid at the same step of the range as the employee received under the previous classification. An incumbent of a position which is reclassified to a class which is allocated to a lower range of the basic salary schedule shall continue to receive the same salary as before the reclassification, but if such salary is greater than the SEW 535 R&F _ 24 - 1995-99 MOU maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater than the range of the class of the position before it was reclassified shall be governed by the provisions of Section 5.10 - Salary on promotion. 5.9 Salary Reallocation & Salary on Reallocation. A. In a general salary increase or decrease, an employee in a class which is reallocated to a salary range above or below that to which it was previously allocated, when the number of steps remain the same, shall be compensated at the same step in the new salary ranee 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 com- pensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before reallocation to the top step of the old range, but in no case shall any employee be compensated at less than the first step of the range to which the class is allocated. B. In the event that a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in Section 5.9.A above, each incumbent of a position in the reallocated class shall be placed SEW 535 R&F - 25 - 1995-99 MOU upon the step of the new range which equals the rate of pay received before the reallocation. In the event that the steps in the new range do not contain the same rates as the old range, each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range, or if the new range does not contain a higher step, at the step which is next lower than the salary received in the old range. C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as above or below the salary range of the employee's previous class, the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallocation. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new ranee does not contain a higher step, the incumbent shall be placed at the step which is next lower than the salary received in the old range. D. In the event of reallocation to a deep class, the provisions of the deep class resolution and incumbent salary allocations, if any, shall supersede Section 5.9. 5.10 Salary on Promotion. Any employee who is appointed to a position of a class allocated to a higher salary range than the class previously occupied, except as provided under Section 5.14, shall receive the salary in the SEW 535 R&F - 26 - 1995-99 MOU new salary range which is next higher than the rate received before promotion. In the event this increase is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is at least five percent (5%) greater than the next higher step; provided, however, that the next step shall not exceed the maximum salary for the higher class. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in a decrease in which case the employee is appointed to the next higher step. If however, the employee is being appointed into a class allocated to a higher salary range than the class from which the employee was laid off, the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee's current step, whichever is higher. 5.11 Salary on Appointment From a Layoff List. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in an increase of less than five percent (5%), in which case the salary shall be adjusted to the step in the new range which is five percent (5%) greater than the next higher step, if the new range permits such adjustment. 5.12 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.13, shall have his salary reduced to the monthly salary step in the range for the class of position to which he has been SEW 535 R&F - 27 - 1995-99 MOU ♦ I r r : r ♦ a ow • • . . Whenever a permanent employee transfers to or from a deep class, as provided in the appropriate deep class resolution, the salary of the employee shall be set as provided in the deep class resolution at a step not to exceed a five percent (5%) increase in the employee's base salary. However, if the deep class transfer occurs to or from a deep class with specified levels identified for certain positions and their incumbents, the employee's salary in the new class shall be set in accordance With the section on "Salary on Promotion" if the employee is transferring to another class or to a level in a deep class for which the salary is at least five percent (5%) above the top base step of the deep class level or class in which they have status currently. 5.15 Play for work in Higher classification. When an "IIIY.YYYI�.IIiYY111Y�111111YlYiY�i111 - - - Y IIf..YlliilIIOYYYIIIi�iYMY IfY�ifYIIII1.i�1Yi.Y®IIY�YY employee in a permanent position in the merit system is rewired to work in a classification for which the compensation is greater than that to which the employee is regularly assigned, the employee shall receive compensation for such work at the rate of pay established for the higher classification pursuant to Subsection 5.10 - alary on Promotion of this IV OU, commencing on the eleventh (11th) work day of the assignment, under the following conditions: a. The employee is assigned to a program service, or activity established by the Board of Supervisors which is reflected in an authorized position which has been classified and assigned to the Salary Schedule. b. The nature of the departmental assignment is such that the employee in the lower classification becomes fully responsible for the duties of the position of the higher classification. SEW 535 R&F - 29 - 1995-99 MOU C. Employees selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. d. Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures provided in this Memorandum. e. The appropriate authorization form has been submitted by the Department Head at least eight (8) days prior to the expiration of the ten (10) day waiting period and approved by the County Administrator. f. Higher pay assignments shall not exceed six (0) months except through reauthorization. g. If approval is granted for pay for work in a higher classification and the assignment is terminated and later reapproved for the same employee within thirty (30) days, no additional waiting period will be required. h. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential and hazardous duty differential) accruing to the employee in his/her permanent position shall continue. 1. During the period of work for higher pay in a higher classification, an employee will retain his/her permanent classification, and anniversary and salary review dates will be determined by time in that classification; except that if the period of work for higher pay in a higher classification exceeds SEIU 535 R&F - 30 - 1995-99 MOU one year continuous employment, the employee, upon satisfactory performance in the higher classification, shall be eligible for a salary review in that class on his/her next anniversary date. Notwithstanding any other salary regulations, the salary step placement of employees appointed to the higher class immediately following termination of the assignment, shall remain unchanged. j. Allowable overtime pay, shift differential and/or work location differentials will be paid on the basis of the rate of pay for the higher class. 5.16 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the preceding month; provided, however, that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3) or less, at the employee's option, of the employee's basic . salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. The election to receive an advance shall be made on or before April 30 or October 31 of each year or during the first month of employment by filing on forms prepared by the Auditor-Controller a notice of election to receive salary advance. SEW 535 R&F - 31 - 1995-99 MMU Each election shall became 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 (1 Oth) day of the following month. 5.17 Pay Warrant Errors. If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that.the error will be corrected and a new warrant issued within forty-eight (45) hours, exclusive of Saturdays, Sundays and Holidays from the time the department is made aware of and verifies that the pay warrant is in error. Pay errors discovered by the County in employee pay shall be corrected as soon as possible as to current pay rate but no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the two (2) year period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the Appointing Authority or designee, the Director of Human resources or designee, or the Auditor-Controller or designee. recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. When the County notifies an employee of an overpayment and a proposed repayment schedule, the employee may accept the proposed repayment schedule or may request a meeting through the County Human resources Department. SEW 535 R&F - 32 - 1995-99 MOU If requested, a meeting shall be held to determine a repayment schedule which shall be no longer than one and one-half times (1-112) the length of time the overpayment occurred. SECTION 6 - DAYS AND HOURS of WORD 6.1 Normal Work Week & Deviations. The normal work week of County employees is forty (40) hours between 12:01 a.m. Monday to 12:00 midnight Sunday, usually five (5) eight (8) hour days; however, where operational requirements of a department require deviations from the usual pattern of five (5) eight (8) hour days per work week, an employee's work hours may be scheduled to meet these requirements, but his working time shall not exceed an average of forty (40) hours per seven (7) day period throughout an operational cycle, and the Department Head shall prepare written schedules in advance to support all deviations, the schedules to encompass the complete operational cycle contemplated. 6.2 Stamq r d Work Schedule. The Social Service Department shall continue to operate a staggered work schedule plan. Office hours shall remain open to the public from 6:00 a.m. to 5:00 p.m., Monday through Friday. Permanent full time employees shall have the option to select, subject to prior approval of the department, an eight (8) hour day, forty (40) hour workweek schedule consisting of work hours which may be other than the normal 8:00 a.m. to 5:00 p.m. or 4:30 p.m. work schedule. The following shall serve as the basic criteria for the staggered shift: SEW 535 R&F - 33 - '1995-99 mou a. All employees must be present at their office or otherwise engaged in the duties of their position during the core hours of 10:00 a.m, and 3:30 p.m. b. Work schedules must remain within the hours of 7:00 a.m. and 7:00 p.m. C. The selected staggered work schedule shall consist of the same hours of work each day except for when a schedule including one varying eight (8) hour workday is necessary to provide "officer of the day" coverage or for other specific circumstances in which the department determines that such a varying schedule is appropriate. The decision of the Department Head or designee shall be final. d. Lunch periods of one (1) or one half ('/2) hour shall be scheduled. In the event that the employee desires to change the scheduled lunch hour from one (1) hour to one half ('r2) hour, or from one half (1/2) hour to one (1) hour, that change must be approved in advance by the Department Head or designee. Lunch periods shall be taken within one (1) hour of the midpoint of the employee's scheduled workday. e. Each work unit designated by placement under a single line supervisor shall have at least one line worker in the office during the hours of 8:00 a.m. to 5:00 p.m. Each such unit shall also have at least one additional line worker in the office or otherwise engaged in the duties of their positions during the hours of 8:00 a.m. and 4:30 p.m. There are two situations in which exceptions may be made to these minimum coverage provisions. Units which SEW 535 ■,k&F . 34 - 1995-99 MOU 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 the 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 imple- mentation. g. Changes in staggered schedules shall be requested in writing and must have the approval of the Department Head or designee prior to implementation. h. Conflicting requests for schedules shall be resolved by the Department Head whose decision shall be final. 1. In the event coverage within a location becomes temporarily reduced as a result of scheduling revisions or absenteeism, employees will be expected to assure that the necessary functions are performed, particularly the answering of telephones. SEW 535 R&F - 35 - 1995-99 MOU j. It is understood that an individual employee's schedule may be changed due to the needs of the department. k. In the event this staggered scheduling provision is found by the department to be inconsistent with the needs of the department, the department shall so advise representatives of Local 535 and the County and the Union shall meet and confer in an attempt to resolve the inconsistency. The Public health Division of the health Services Agency shall institute, within clinic and caseload requirements, a staggered hours work schedule plan in which permanent full time Social workers and Eligibility Workers shall have the option to request, subject to prior approval of the Department Head or designee, an eight (8) hour day, forty (40) hour work week schedule consisting of work hours which may be other than the normal 3.00 a.m. to 5.00 p.m., Monday through Friday. The following shall serve as the basic criteria for departmental approval: a. All employees must be present at their office or otherwise engaged in the duties of their position during the core hours of 9.00 a.m. to 4.00 p.m. b. Work schedules must remain within the hours of 7:30 a.m. and 5:30 p.m. except for specific assignments which may require work beyond those hours. C. The selected staggered work schedule shall consist of the same eight (8) hour work days as is necessary to provide coverage during the hours of SEW 535 R&F - 36 - 1995-99 MOO 8:00 a.m. to 5:00 p.m. The decision of the Department Head or designee shall be final. d. Lunch periods of one (1) or one-half (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 desires to change the scheduled lunch hour from one (1) hour to one-half (Y2) hour, or from one half (1/) 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. SEIU 535 R&F - 37 - 1995-99 MOU 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 prevision 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. 8.3 9188 .Schedules. The practice within the Social Service Department governing the authorization for certain employees to work a schedule of eight (8) nine (9) hour days and one (1) eight (8) hour day in a two week scheduling period shall continue, unless the parties mutually agree to changes in such practice. SECTION 7 - OVERTIME AND COMPENSATORY TIME 7.1 Overtime. Overtime is any authorized work performed in excess of forty (40) hours per week or eight (8) hours per day. All overtime shall be compensated for at the rate of one and one-half (1-1/2) times the employee's base rate of pay (not including shift and other special differentials). Overtime for permanent employees is compensated in increments of one-tenth hour (six (5) minutes) by either pay or compensatory time off. Employees entitled to overtime credit for holidays in positions which work around the clock (such as the County SEW 535 R&F - 38 - 1995-99 Mou Hospital, Jails, Juvenile Hall and Boys' Ranch) shall be provided a choice as to whether they shall be paid at the overtime rate or shall receive compensatory time off at the rate of one and one-half (1-112) hours compensatory time off for each hour worked. Such compensatory time oft, and the accumulation thereof shall be in addition to the total vacation accumulation permitted under the terms of this MOU. The specific provisions of this accumulation are set forth in Section 12.4 of this MOU. Regular overtime for twenty-four (24) hour institutional employees may be accrued as compensatory time in accordance with Section 7.2 of this MOU. 7.2 2 C Qui te+fir/ T e. - A. Employees receiving overtime pay who wish to accrue compensatory time off in lieu of overtime pay shall notify the department on the approved form indicating their desire to accrue compensatory time off at least seven (7) calendar days prior to July 1 of each year. Employees accruing compensatory time off and who wish to continue to accrue compensatory time off in a subsequent fiscal year are not required to notify the department. An employee wishing to change the method of overtime compensation (overtime pay to compensatory time off or compensatory time off to overtime pay) during the fiscal year may do so by notifying the department on the approved form with thirty (30) days notice of such change. only one such change shall be allowed per fiscal year. EW 535 R&F - 39 - 1995-99 Mou B. The names of those employees electing to accrue compensatory time off shall be placed on a list maintained by the department. At time of appointment, newly appointed employees may elect to accrue compensatory time off in lieu of overtime pay by notifying the department on the approved form. C. Compensatory time off shall be accrued at the rate of one and one-half (1-112) times the actual authorized overtime hours worked by the employee. A permanent part-time employee shall accrue compensatory time off at the rate of one (1) hour for each hour worked in excess of the employee's regular work week for those hours which are not authorized overtime. D. Employees may not accrue a compensatory time off balance that exceeds one hundred twenty (120) hours (i.e. eighty (80) hours at time and one-half). Once the maximum balance has been attained, authorized overtime hours worked will be paid at the overtime rate. If the employee's balance falls below one hundred twenty (120) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked until the employee's balance again reaches one hundred twenty (120) hours. E. Accrued compensatory time off shall be carried over for use in the next fiscal year; however, as provided in D. above, accrued compensatory time SEW 535 R&F - 40 - 1995-99 Mou off balances may not exceed one hundred twenty (1 o) hours. F. The use of accrued compensatory time off shall be by mutual agreement between the Department Head or his designee and the employee. Compensatory time off shall not be taken when the employee would be replaced by another employee who would be eligible to receive, for time worked, either overtime payment or compensatory time accruals as provided for in this Section. This provision may be waived at the discretion of the Department Head or his designee. G. When an employee promotes, demotes or transfers from the classification eligible for compensatory time off to another classification eligible for compensatory time off within the same department, the employee's accrued compensatory time off balance will be carried forward with the employee. H. Compensatory time accrual balances will be paid off when an employee moves from one department to another through promotion, demotion or transfer. Said payoff will be made in accordance with the provisions and salary of the class from which the employee is promoting, demoting or transferring as provided in 1. below. 1. Since employees accrue compensatory time oft` at the rate of one and one-half (1-112) hours for each hour of authorized overtime worked, accrued compensatory time balances shall be paid off at EIU 535 R&F - 41 - 1995-99 MOU the straight time rate (two-thirds (213) the overtime rate) for the employee's current salary: Whenever: 1 . the employee changes status and is no longer eligible for compensatory time off; 2. the employee promotes, demotes or transfers to another department; 3. the employee separates from County service; 4. the employee retires; 5. the employee is granted a leave of absence. J. Compensatory time off shall be accrued and taken in increments of one-tenth (1110) hour (six (5) minutes). K. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this section. 7.3 Part-Time Differential. If an employee in the Social Service 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 (Y2) their regular base rate of pay. SEtu 535 R&F - 42 - '1995-99 Mou SECTION 8 - CALL BACK TIME Any employee who is called back to duty shall be paid at the appropriate rate for the actual time worked plus one (1) hour. Such employee called back shall be paid a minimum of two (2) hours at the appropriate rate for each call back. SECTION 9 - ON-CALL DUTY On call duty is any time other than time when the employee is actually on duty during which an employee is not required to be on County premises but stand ready to immediately report for duty and must arrange so that his superior can reach him on ten (10) minutes notice or less. An employee assigned to on-call time shall be paid one (1) hour of straight time credit for each four (4) hours on such on-call time. Those positions which are on-call shall be designated by the appointing authority whose decision is final. Assignment to an on-call position shall be in accordance with Section 88. 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 SEW 535 R&F - 43 - '1995-99 Mou b. At least four (4) hours of actual working time from 5:00 p.m. through 9:00 a.m. inclusive. However, employees who have been regularly working a shift qualifying for shift differential immediately preceding the commencement of a vacation, paid sick leave period, paid disability or other paid leave, will have shift differential included in computing the pay for their leave. The paid leave of an employee who is on a rotating shift schedule shall include the shift differential that would have been received had the employee worked the shift for which the employee was scheduled during such period. Shift differential shall only be paid during paid sick leave and paid disability as provided above for the first thirty (30) calendar days of each absence. SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT 11 .1 Workforce Reduction. In the event that funding reductions or shortfalls in funding occur in a department or are expected, which may result in layoffs, the department will notify the union and take the following actions: a. Identify the classification(s) in which position reductions may be required due to funding reductions or shortfalls. SEW 535 R&F - 44 - 1995-99 MOU b. Advise employees in those classifications that position reductions may occur in their classifications. C. Accept voluntary leaves of absence from employees in those classifications which do not appear to be potentially impacted by possible position reductions when such leaves can be accommodated by the department. d. Consider employee requests to reduce their position hours from full time to part time to alleviate the impact of the potential layoffs. e. Approve requests for reduction in hours, lateral transfers, and voluntary demotions to vacant, funded positions in classes not scheduled for layoffs within the department, as well as to other departments not experiencing funding reductions or shortfalls when it is a viable operational alternative for the department(s). f. Review various alternatives which will help mitigate the impact of the layoff by working through the Tactical Employment Team program (TET) to: 1 . Maintain an employee skills inventory bank to be used as a basis for referrals to other employment opportunities. 2. Determine if there are other positions to which employees may be transferred. SEW 535 R&F - 45 - 1995-99 MOU 3. Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. 4. Establish workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. g. When it appears to the Department Head and/or Labor relations Officer that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit, the Labor Relations Officer shall notify the Union of the possibility: of such layoffs and shall meet and confer with the Union regarding the implementation of the action. 11 .2 Separation Through Lyoff A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the merit service may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). B. order of La, off. The order of layoff in a department shall be based on inverse seniority in the class of positions, the employee in that department with least seniority being laid off first and so on. SEW 535 R&F - 46 - 1995-99 Mou C. Layoff By Displacement. 1 . In the Same Class. A laid off permanent full time employee may displace an employee in the department having less seniority in the same class who occupies a permanent intermittent or permanent part-time position, the least senior employee being displaced fi rst. 2. In the Same Level or Lower Class. A laid off or displaced employee who had achieved permanent status in a class at the same or lower salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class of an employee having less seniority; the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. D. Particular Rules on displacing. 1 . Permanent intermittent and permanent part- time employees may displace only employees holding permanent positions of the same type respectively. 2. A permanent full time employee may displace any intermittent or part-time employee with less seniority (1) in the same class, or (2) in a class of the same or lower salary level if no full time employee in a class at the same or lower salary level has less seniority than the displacing employees. SEW 535 R&F - 47 - 1995-99 MOU I Former permanent full time employees who have voluntarily become permanent parttime employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Director of Human Resources or designee retain their permanent full time employee seniority rights for layoff purposes only and may in a later layoff displace a full time employee with less seniority as provided in these rules. E. Seniority. An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salary schedule in effect at the time of layoff. Employees reallocated or transferred without examination from one class to another class having a salary within five percent (5%) of the former class, as provided in Section 305.2, shall carry the seniority accrued in the former class into the new class. Employees reallocated to a new deep class upon its initiation or otherwise reallocated to a deep class because the duties of the position occupied are appropriately described in the deep class shall carry into the deep class the seniority accrued or carried forward in the former class and seniority accrued in other classes which have been included in the deep class. Service for layoff and displacement purposes includes only the employee's last continuous permanent County employment. Periods of separation may not be SEW 535 R&F - 48 - 1995-99 MOU bridged to extend such service unless the separation is a result of layoff in which case bridging will be authorized if the employee is reemployed in a permanent position within the period of layoff eligibility. Approved leaves of absence as provided for in these rules and regulations shall not constitute a period of separation. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous permanent County employment. If there remain ties in seniority rights, such ties shall be broken by counting total time in the department in permanent employment. Any remaining ties shall be broken by random selection among the employees involved. F. Eligibility for or Layoff List. Whenever any person who has permanent status is laid off, has been displaced, has been demoted by displacement or has voluntarily demoted in lieu of layoff or displacement, or who has transferred in lieu of layoff or displacement, the person's name shall be placed on the layoff list for the class of positions from which that person has been removed. G. Order of Names on Layoff. First, layoff lists shall contain the names of persons laid off, displaced or demoted as a result of a layoff or displacement, or who have voluntarily demoted or transferred in lieu of layoff or displacement or who have transferred in lieu of layoff or displacement. Names shall be listed in order of layoff seniority in the class from which laid off, displaced, demoted, or transferred on the date of layoff, the most senior person listed SEW 535 R&F - 49 - 1995-99 MOU first. In case of ties in seniority, the seniority rules shall apply except that where there is a class seniority tie between persons laid off from different departments, the tie(s) shall be broken by length of last continuous permanent County employment with remaining ties broken by random selection among the employees involved. H. [duration of Lgyoff and Reemployment Rights. `fhe name of any person granted reemployment privileges shall continue on the appropriate list for a period of two (2) years. Persons placed on layoff lists shall continue on the appropriate list for a period of four (4) years. 1. Certification of Persons From Layoff Lists.. Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or displacement or transferred in lieu of layoff or displacement. When a request for personnel is received from the appointing authority of a department from which an eligible(s) was laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list from the department. When a request for personnel is received from a department from which an eligible(s) was not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period. A person employed from a layoff list shall be appointed at the same step of the salary range the employee held on the day of layoff. SEW 535 R&F - 50 - '1995-99 MOU J. Removal of Names From Reemployment and doff Lists. 1 . The Director of Human Resources may remove the name of any eligible from a reemployment or layoff list for any reason listed below: a. For any cause stipulated in Section 404.1 of the Personnel Management Regulations. b. On evidence that the eligible cannot be located by postal authorities. -- c. On receipt of , a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for appointment in the class. d. If three (3) offers of permanent appointment to the class for which the eligible list was established have been declined by the eligible. e. If the eligible fails to respond to the Director of Human Resources or the appointing authority within ten (10) days to written notice of certification mailed to the person's last known address. 2. If the person on the reemployment or layoff list is appointed to another position in the same or SEW 535 R&F - 51 - '1995-99 Mou lower classification, the name of the person shall be removed. 3. However, if the first permanent appointment of a person on a layoff list is to a lower class which has a top step salary lower than the top step of the class from which the person was laid off, the name of the person shall not be removed from the layoff list. Any subsequent appointment of such person from the layoff list shall result in removal of that person's name. K. Removal of Names from Reemployment and Layoff Certifications. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff certification if the eligible fails to respond within five (5) days to a written notice of certification mailed to the person's last known address. 11 .3 Nom. The County agrees to give employees scheduled for layoff at least ten (10) work days notice prior to their last day of employment. 11 .4 Special _ Employment Lists. The County will establish a TET Employment Pool which will include the names of all laid off County employees. Special employment lists for job classes may be established from the pool. Persons placed on a special employment list must meet the minimum qualifications for the class. An appointment from such a list will not affect the individual's status on a layoff list(s). SEW 535 R&F - 52 - 1995-99 MOU 11 .5 Reassignment of Laid off` Employees. Employees who displaced within the same classification from full time to part-time or intermittent status in a layoff, or who voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a position of another status than that from which they were laid off upon .referral from the layoff list, may request reassignment back to their pre-layoff status (full time or part-time or increased hours). The request must be in writing in accord with each department's reassignment bid or selection process. Employees will be advised of the reassignment procedure to be followed to obtain reassignment back to their former status at the time of the workforce reduction. The most senior laid off employee in this status who requests such a reassignment will be selected for the vacancy; except when a more senior laid off individual remains on the layoff list and has not been appointed back to the class from which laid off, a referral from the layoff list will be made to fill the vacancy. 11 .6 Further Study. The County agrees to meet with the Labor Coalition for study of the concept of employee's waiver of displacement rights in a layoff. SECTION 12 - HOLIDAYS 12.1 Holidays Observed. The County will observe the following holidays: a. January 1 st, known as New 'Year's Day Third Monday in January known as Dr. M. L. King, Jr. Day Third Monday in February, known as Presidents' Day The last Monday in May, known as Memorial Day July 4th, known as Independence Day First Monday in September, known as Labor Day SEW 535 R&F - 53 - 1995-99 MOU November 11th, known as Veterans Day Fourth Thursday in November, known as Thanksgiving Day The Friday atter Thanksgiving Day December 25th, known as Christmas Day :such other days as the Board of Supervisors may by resolution designate as holidays. b. Each full time employee shall accrue two {2} hours of personal holiday credit per month. Such personal holiday time may be taken in increments of one-tenth hour (six (8) minutes), and preference of personal holidays shall be given to employees according to their seniority in their department as reasonably as possible. C. Permanent part-time employees shall receive personal holiday credit in the same ratio to the personal holiday credit given full time employees as the number of hours per week in the part-time employee's schedule bears to the number of hours in the regular full time schedule. d. Employees shall accrue their personal holiday credit during months they are in pay status provided however that no employee may accrue more than forty {43} hours of personal holiday credit beginning January 1 , 1388. On separation from County service, an employee shall be paid for any unused personal credits at the employee's then current pay rate. e. Employees in positions which work around the clock shall continue to celebrate Admission Day, Columbus Day, and Lincoln's Clay. SEW 535 R&F - 54 - 1995-99 Mold 12.2 Application of Holiday Credit. The following provisions indicate how holiday credit is to be applied: a. Employees on the five (5) day forty (40) hour Monday through Friday work schedule shall be entitled to a holiday whenever a holiday is observed pursuant to the schedule cited above. b. Employees on a work schedule other than Monday through Friday shall be entitled to credit for any holiday, whether worked or not, observed by employees on the regular schedule. C. For all employees, if a work day fabs on a scheduled holiday they shall receive overtime pay or equivalent compensatory time credit (holiday credit) for working the holiday, or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit. 12.3 Holidays Falling on Saturday or Sunday. If any holiday listed in Section 12.1 .A above falls on a Saturday, it shall be observed on the preceding Friday. If any holiday listed in Section 12.1 .A falls on a Sunday, it shall be observed on the following Monday. 12.4 Accrual of Holiday Time & Credit. Employees entitled to holiday credit shall be permitted to elect between pay or compensatory time off in recognition of holidays worked. The following procedures shall apply to this selection: SEW 535 R&F - 55 - 1995-99 MOU a. Any person who is eligible and who elects to accrue holiday credit must agree to do so for a full fiscal year (July 1 through June 30), or the remainder thereof. b. Employees starting work after a list of those electing to accrue holiday credit has been submitted to the Auditor and approved, will be paid overtime unless they specifically request in writing within seven (7) calendar days to be placed on the holiday credit accrual list. C. Holiday time shall be accrued at the rate specified above to a maximum of eight (8) hours worked by the employee. d. Accrued holiday credit may not be accumulated in excess of two hundred eighty-eight (288) working hours, exclusive of regular vacation accruals. After two hundred eighty-eight (288) hours, holiday time shall be paid at the rates specified above. e. Accrued holiday credit may be taken oft at times determined by mutual agreement of the employee and the Department Head. f. Accrued holiday credit shall be paid off only upon a change in status of the employee such as separation, transfer to another department or reassignment to a permanent-intermittent position. SEW 535 R&F - 56 - 1995-99 MOU 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 per- manent 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 MOU. Vacation may be taken in increments of one-tenth-hour (six (6) minutes). Vacation credits may not be taken during the first six (6) months of employment (not necessarily synonymous with probationary status) except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. Vacation Leave on reemployment From a Layoff List. Employees with six (6) months or more service in a permanent position prior to their layoff, who are employed from a layoff list, shall be considered as having completed six (6) months tenure in a permanent position for the purpose of vacation leave. The appointing authority or designee will advise the Auditor-Controller's Payroll Unit in each case where such vacation is authorized so that appropriate Payroll system override actions can be taken. SEW 535 R&F - 57 - 1995-99 MOU 13.2 Vacation Accrual Rates. Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 15 years 10 240 15 through 19 years 13-113 320 20 through 24 years 16-213 400 25 through 29 years 20 480 30 years and up 23-1/3 560 Employees in permanent part-time and permanent- intermittent positions shall accrue vacation benefits on a pro rata basis as provided in Section 36-1 .006 of Board Resolution No. 8111165. 13.3 Accrual during Leave without PaY. No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 13.4 'Vacation Allowance for Separated Employees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 13.5 Vacation Preference. Preference of vacation shall be given to employees according to their seniority in their department as reasonably as possible. SEW 535 R&F - 58 - 1995-99 mou SECTION 14 - SICK LEAVE 14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by the County and may be used only as authorized; it is not paid time off which employees may use for personal activities. 14.2 Credits to and Chames Against Sick Leave. Sick leave credits accrue at the rate of eight (8) working hours credit for each completed month of service, as prescribed by County Salary Regulations and memoranda of understanding. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one-tenth hour (six (8) minutes) increments. Unused sick leave credits accumulate from year to year. When an employee is separated other than through retirement, accumulated sick leave credits shall be canceled, unless the separation results from layoff, in which case the accumulated credits shall be restored if reemployed in a permanent position within the period of lay off eligibility. As of the date of retirement, an employee's accumulated sick leave is converted to retirement time on the basis on SEW 535 R&F _ 59 - '1995-99 MOU one day of retirement service credit for each day of accumulated sick leave credit. 14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. The following definitions apply: "Immediate Family means and includes only the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece, nephew, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in--law, sister-in-law, foster children, aunt, uncle, cousin, stepbrother, or stepsister of an employee and/or includes any other person for whom the employee is the legal guardian or conservator, or any person who is claimed as a "dependent" for IRS reporting purposes by the employee. "Employe" means any person employed by Contra Costa County in an allocated position in the County service. "Paid Sick Leave Credits" means those sick leave credits provided for by County Salary Regulations and memoranda of understanding. "Condition/Reason" With respect to necessary verbal contacts and confirmations which occur between the department and the employee when sick leave is requested or verified, a brief statement in non-technical terms from the employee regarding inability to work due to injury or illness is sufficient. SEW 535 R&F - 60 - 1995-99 MOU Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: a. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used when the employee is off work because of a temporary illness or injury. b. Permanent disability Sick Leave. Permanent disability means the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which the employee is qualified by reason of education, training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: 1 . An application for retirement due to disability has been filed with the Retirement Board. 2. Satisfactory medical evidence of such disability is received by the appointing authority within thirty (30) days of the start of use of sick leave for permanent disability. 3. The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or SEW 535 R&F - 61 - 1995-99 MOU where the above conditions have not been met. C. Communicable Disease. An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a communicable disease. d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period ._of such disability under the conditions set forth below: 1 . Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician anticipates the disability to terminate. 2. If an employee does not apply for leave and the appointing authority believes that the employee is not able to properly perform her work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery therefrom the employee shall be SEW 535 R&F - 62 - 1995-99 MOU required to undergo a physical examination by a physician selected by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3. Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. e. Medical and Dental Appointments. An employee may use paid sick leave credits; 1 . For working time used in keeping medical and dental appointments for the employee's own care, and 2. For working time used by an employee for prescheduled medical and dental appointments for an immediate family member. f. Emer e gy are of Family. An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. g. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family or of the employee's domestic partner, but SEW 535 R F - 63 - 1995-99 MOU this shall not exceed three (3) working days, plus up to two (2) days of work time for necessary travel. Use of additional accruals including sick leave when appropriate, may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. h. Legal Adoption of a Child. Paid sick leave credits may be used by an employee upon adoption of the child. i. Accumulated paid sick leave credits may not be used in the following situations: 1 . Vacation. Paid sick leave credits may not be used for an employee's illness or injury which occurs while he is on vacation but the County Administrator may authorize it when extenuating circumstances exist and the appointing authority approves. 2. Not in Pav Status. Paid sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status. 14.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of the employee and the department head. The following procedures apply: a. Employee Responsibilities. 1 . Employees are responsible for notifying their department of an absence prior to the SEW 5351 &F - 64 - '1995-99 MOU commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2. Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work. 3. Employees are responsible for obtaining advance approval from their supervisor for the scheduled time of pre-arranged personal or family medical and dental appointment. 4. Employees are encouraged to keep the department advised of (1) a current telephone number to which sick leave related inquiries may be directed, and (2) any condition(s) and/or restriction(s) that may reasonably be imposed regarding specific locations and/or persons the department may contact to verify the employee's sick leave. b. Department Responsibilities. The use of sick leave may properly be denied if these procedures are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim. The department head or designee may make reasonable inquiries about employee absences. The department may require medical . verification for an absence of three (3) or more SEW 535 R&F - 65 - 1995-99 MOU working days. The department may also require medical verification for absences of less than three (3) working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: 1 . Calling the employee's residence telephone number or other contact telephone number provided by the employee if telephone notification was not made in accordance with departmental sick leave call-in guidelines. These inquiries shall be subject to any restrictions imposed by the employee under Section 14.4.a. 2. Obtaining the employee's signature on the Absence/Overtime Record, or on another form established for that purpose, as employee certification of the legitimacy of the claim. 3. Obtaining the employee's written statement of explanation regarding the sick leave claim. 4. Requiring the employee to obtain a physician's certificate or verification of the employee's illness, date(s) the employee was incapacitated, and the employee's ability to return to work, as specified above. 5. In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as specified above. SEW 535 R&F - 66 - 1995-99 Mou Department heads are responsible for establishing timekeeping procedures which will insure the submission of a time card covering each employee absence and for operating their respective offices in accordance with these policies and with clarifying regulations issued by the Office of the County Administrator. To help assure uniform policy application, the Human Resources Director or designated management staff of the County Human Resources Department should be contacted with respect to sick leave determinations about. which the department is in doubt. 14.5 D. i bill A. An employee physically or mentally incapacitated for the performance of duty is subject to dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937. An appointing authority after giving notice may place an employee on leave if the appointing authority has filed an application for disability retirement for the employee, or whom the appointing authority believes to be temporarily or permanently physically or mentally incapacitated for the performance of the employee's duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employees, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense and on the employee's paid time, a physical, medical SEW 535 R&F - 67 - '1995-99 Mou and/or psychiatric examination by a licensed physician and receive a report of the findings on such examination. If the examining physician recommends that treatment for physical or mental health problems, including leave, are in the best interests of the employee or the county in relation to the employee overcoming any disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due to temporary or permanent disability shall be without prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee is entitled other than regular salary. The Human Resources Director may order lost pay restored for good cause and subject to the employee's duty to mitigate damages. D. Before an employee returns to work from any absence for illness or injury, other leave of absence or disability leave, exceeding two weeks in duration, the appointing authority may order the employee to undergo at county expense a physical, medical, and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. If the report shows that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as he deems necessary in accordance with appropriate provisions of this 11 OU. E. Before an employee is placed on an unpaid leave of absence or suspended because of physical or SEW 535 R&F - 68 - 1995-99 MOU mental incapacity under (a) or (b) above, the employee shall be given notice of the proposed leave of absence or suspension by letter or memorandum, delivered personally or by certified mail, containing the following: 1 . a statement of the leave of absence or suspension proposed; 2. the proposed dates or duration of the leave or suspension which may be indeterminate until a certain physical or mental health condition has been attained by the employee; 3. a statement of the basis upon which the action is being taken; 4. a statement that the employee may review the materials upon which the action is taken; 5. a statement that the employee has until a specified date (not less than seven (7) work days from personal delivery or mailing of the notice) to respond to the appointing authority orally or in writing. F. Fending response to the notice the appointing authority for cause specified in writing may place the employee on a temporary leave of absence, with pay. G. The employee to whom the notice has been delivered or mailed shall have seven (7) work days to respond to the appointing authority either orally SEW 535 R&F - 69 - 1995-99 MOU or in writing before the proposed action may be taken. H. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension in writing stating specifically the basis upon which the action is being taken, delivering the order to the employee either personally or by certified mail, effective either upon personal delivery or deposit in the U.S. Postal Service. I. An employee who is placed on leave or suspended under this section may, within ten (10) calendar days after personal delivery or mailing to the employee of the order, appeal the order in writing through the Director of Human Resources to the Merit Board. Alternatively, the employee may file a written election with the Director of Human Resources waiving the employee's right to appeal to the Merit Board in favor of appeal to a Disability Review Arbitrator. J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator, the employee has the burden of proof to show that either: 1 . the physical or mental health condition cited by the appointing authority does not exist, or 2. the physical or mental health condition does exist, but it is not sufficient to prevent, preclude, or impair the employee's perfor- mance of duty, or is not sufficient to endanger SEW 535 R&F - 70 - 1995-99 MOU the health or safety of the employee, other employees, or the public. K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the Director of Human Resources to the Merit Board for hearing under the Merit Board's Procedures, Section 1114- 1128 inclusive. Medical reports submitted in evidence in such hearings shall remain confidential information and shall not be a part of the public record. L. If the appeal is to a disability Review Arbitrator, the employee (and his representative) will meet with the County's representative to mutually select the Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a rehabilitation specialist, or some other recognized specialist mutually selected by the parties. The arbitrator shall hear and review the evidence. The decision of the Disability Review Arbitrator shall be binding on both the County and the employee. Scope of the Arbitrator's Review. 1 . The arbitrator may affirm, modify or revoke the leave of absence or suspension. 2. The arbitrator may make his decision based only on evidence submitted by the County and the employee. 3. The arbitrator may order back pay or paid sick leave credits for any period of leave of absence or suspension if the leave or SEW 535 R&F - 71 - 199599 MOU suspension is found not to be sustainable, subject to the employee's duty to mitigate damages. 4. The arbitrator's fees and expenses shall be paid one-half by the County and one-half by the employee or employee's association. M. It is , understood that the benefits specified in Sections 14 and 15 shall be coordinated with the rehabilitation program as determined by the labor- management committee. 14.6 Workers' Compensation. A permanent non- safety employee shall receive 88% of regular monthly salary during any period of compensable temporary disability absence not to exceed one year. For all accepted claims filed with the County on or after January 1 , 1997, the percentage of pay for employees entitled to Workers' Compensation shall be decreased from 88% to 87%. This provision excludes those safety employees entitled to benefits as defined under the Workers' Compensation Laws of California, Labor Code Section 4850. All savings generated will be used toward offsetting chargeable increases in County subvention of premiums for health and dental plans. If Workers' Compensation becomes taxable, the County agrees to restore the current benefit level (100% of monthly salary) and the parties shall meet and confer with respect to funding the increased cost. A. Employees who leave work as a result of an on- the-job injury will have the balance of that day charged to continuing pay. This will be considered as the last day worked for purposes of determining Workers' Compensation benefits. SEW 535 R&F - 72 - 1995-99 MOO A permanent employee shall receive the authorized percentage of regular salary during any period of compensable temporary disability absence. "Compensable temporary disability absence" for the purpose of this Section, is any absence due to work connected disability which qualifies for temporary disability compensation 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/her from any County funded wage replacement program. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which salary payments are made. The maximum period for the described salary continuation for any one injury or illness shall be one year from the date of temporary disability. S. Continuing pay begins on the date of injury and continues until the temporary disability ends, or until one (1) year from the date of injury, whichever comes first. All continuing pay under the Workers' Compensation Program will be cleared through the County Administrator's Office, Risk Management Division. C. Full Pay Beyond One Year. If an injured employee remains eligible for temporary disability beyond one (1) year, the authorized salary will continue by integrating sick leave and/or vacation accruals with SEW 535 R&F - 73 - 1995-99 Mou Workers' Compensation benefits. If salary integration is no longer available, Workers' Compensation benefits will be paid directly to the employee as prescribed by Workers' Compensation laws. D. Rehabilitation Integration. An injured employee who is eligible for Workers' Compensation Rehabilitation Temporary Disability benefits and whose disability is medically permanent and stationary will continue to receive his/her applicable salary by integrating sick leave and/or vacation accruals with Workers' Compensation Rehabilitation Temporary Disability benefits until those accruals are exhausted. Thereafter, the rehabilitation temporary disability benefits will be paid directly to the employee. E. Health Insurance. The County contribution to the employee's group insurance plan(s) continues during the continuing pay period and during integration of sick leave or vacation with Workers' Compensation benefits. F. Method of lnte ration. An employee's sick leave and/or vacation charges shall be calculated as follows: C = 8 [1 - (W - S)] C = Sick leave or vacation chane per day (in hours) W = Statutory Workers' Compensation for a month S = Monthly salary 14.7 Leave Without Pay. No employee who has been granted a leave without pay or unpaid military leave shall accrue any sick leave credits during the time of such leave, SEW 535 R&F - 74 - 1995-99 MOU nor shall an employee who is absent without pay accrue sick leave credits during the absence. 14. 3 State Disability- Insurance (SDII. Effective July 1 , 1994 the County will begin a six-month pilot program for employees eligible for State Disability benefits. At the end of the six (6) month pilot program, the County will meet and confer to evaluate whether the plan will be continued. Employees eligible for SDI benefits will be required to make application for SDI benefits and to have those benefits integrated with the use of their sick leave accruals on the following basis: 14.9 General Provisions. The California SDI,program provides disability benefits beginning on the eighth (8) calendar day of a qualifying disability unless the employee is hospitalized. Upon hospitalization, benefits can be payable from the first day of the disability. If the disability exceeds fourteen (14) calendar days, benefits can be payable from the first day of the disability. The maximum period of state disability payments is up to one (1) year. Determination of SDI payments and eligibility to receive payments is at the sole discretion of the State of California. Integration means that employees will be required to use sick leave accruals to supplement the difference between the amount of the SDI payment and the employee's base monthly salary. Integration of sick leave with the SDI benefit is automatic and cannot be waived. Integration applies to all SDI benefits paid. For employees off on SDI, the department will make appropriate integration adjustments, including retroactive adjustments if necessary. Employees must inform their department of hospitalization in a timely manner SEW 535 R&F - 75 - 1995-99 MOU in order for the department to make appropriate integration adjustments. Mate Disability benefit payments will be sent directly to the employees at their home address by the State of California. When there are insufficient sick leave accruals available to fully supplement the difference between the SDI payment and the employee's base monthly salary, accruals other than sick leave may be used. These accruals may be used only to the extent that total payments do not exceed the employee's base monthly salary. 14.10 Procedures. Employees with more than 1 .2 hours of sick leave accruals at the beginning of the disability integration period must integrate their sick leave accrual usage with their SDI benefit to the maximum extent possible. When employees have 1 .2 hours or less of sick leave accruals at the beginning of the disability integration period, the department shall automatically use 0.1 hour of sick leave per month for the duration of their SDI benefit. When sick leave accruals are totally exhausted, integration with the SDI benefit terminates. An employee may use any other accruals without reference to or integration with the SDI benefit. When the SDI benefit is exhausted, sick leave integration terminates. Then the employee may use sick leave or other accruals. Employees with no sick leave balance at the beginning of the disability integration period may use any other accruals without reference to or integration with the SDI benefit. SEW 535 R&F - 76 - 1995-99 MOU Employees whose SDI claims are denied must present a copy of their claim denial to their department. The department will then authorize use of unused sick leave and shall authorize the use of other accruals as appropriate. Employees may contact the Human Resources Department, Benefits Division, for assistance in resolving problems. 14.11 Method of Integration. Until an employee has a balance of 1 .2 hours of sick leave, the employee's sick leave accrual charges while receiving SDI benefits shall be calculated each month. The amount of sick leave charged each employee will be calculated in the following manner: The percentage of base monthly salary not covered by the SDI benefit will be applied to the daily hours in the employee's schedule and that number of sick leave hours will be charged against the employee's sick leave accruals. For purposes of integration with the SDI program, all full time employees' schedules will be converted to 8-hourl5-day weekly work schedules during the period of integration. The formula for full time employees' sick leave integration charges is shown below: L r [(S-D) S] x 5 S - Employee Base Monthly Salary H - Estimated Highest Quarter (3-mos) Earnings [H = S x 3] W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table C - Calendar Days in each Month D = Estimated Monthly SDI Benefit [D = (W T 7) x C] L = Sick Leave Charged per Day SEW 535 R&F - 77 - 1995-99 MOU Permanent part-time, permanent-intermittent employees, and those full time employees working a light/limited duty reduced schedule program shall have their sick leave integration adjusted accordingly. 14.12 Definition. "Base Monthly Salary" for purposes of sick leave integration is defined as the salary amount for the employee's step on the salary schedule for the employee's permanent classification as shown in the "Salary' field on the Cin-Line Payroll Time Deporting System used by departments for payroll reporting purposes. 14.13 Conversion to the New SDI Program. For all employees receiving SDI benefits prior to July - 1 , 19941 conversion to the new SDI program operated by departmental payroll staff will be coordinated by the Personnel Department, Benefits Division. All employee SDI benefit checks received in the Personnel Department and signed over to the County by June 30, 1994, will be deposited and used to buy back the employee's sick leave, with sick leave credits appearing on the July 10th pay warrants insofar as possible. All Employee SDI benefit checks received, but not signed over to the County, by June 30, 1994, will be returned to the employee. All employee SDI benefit checks received after June 30, 1994, will be returned to the employee. In both these situations, no sick leave buy back will be made, regardless of the calendar period to which the benefit checks pertain. Program transfer to departmental payroll staff will be effective July 1 , 1994 for the month of July with the first computation of SDI benefits and integration with sick SEW 535 R&F - 78 - 1995-99 Mou leave under the new program made on the August 10, 1994 pay warrants covering the July 1994 payroll period. 14.14 Disability Insurance Review Committee. The County shall establish a Disability Insurance Review Committee consisting of one (1) representative from each employee organization and four (4) management representatives to review and recommend to the Director of Human Resources the feasibility of implementing a self- funded and self-administered disability insurance program. 14.15 Employee Annual Health Examination. Employees of the County who work in a Health Services Department facility will annually be required to complete a Health Questionnaire and take a Tuberculosis Skin Test. A chest X-ray will be required if the employee has previously had a positive reaction to a tuberculosis skin test. However, employees will not be required to take X-ray exams in excess of what is required by applicable Federal and State laws. Employees will also be requested to be screened for Rubella immunity. If the result of the Rubella test is negative, the appointing authority or designee will recommend that the employee become immunized. If the employee has direct patient contact and refuses to become immunized, said employee will be relocated to an indirect patient contact area. SECTION 15 - CATASTROPHIC LEAVE BANK 15.1 Program Design. Effective April 1 , 1994 the County Human Resources Department will begin operation SEW 535 R&F - 79 - 1995-99 MOU of a Catastrophic Leave Bank which is designed to assist any County employee who has exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of the employee or family member. The program establishes and maintains a Countywide bank wherein any employee who wishes to contribute may authorize that a portion of his/her accrued vacation, compensatory time, holiday compensatory time or floating holiday be deducted from those account(s) and credited to the Catastrophic Leave Bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred to a requesting employee's sick leave account so that employee may remain in paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury, or condition. __ Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical impairment or disability which manifests itself during employment. 15.2 operation. A. The plan will be administered under the direction of the Human Resources Director. The Human Resources Department will be responsible for receiving and recording all donations of accruals and for initiating transfer of credits from the Bank to the recipient's sick leave account. Disbursement of accruals will be subject to the approval of a six (6) member committee composed of three (3) members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests for credits and shall make determinations as to the appropriateness of the request and the SEW 535 R&F - 80 - 1995-99 MOU amount of accruals to be awarded. Consideration of all requests by the committee will be on an anonymous requestor basis. B. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and shall be treated as regular sick leave accruals. C. To receive credits under this plan, an employee must have permanent status, must have exhausted all time off accruals to a level below eight (3) hours total, have applied for a medical leave of absence and have medical verification of need. D. Donations are irrevocable and may be made in minimum blocks of four (4) hours per donations from balances in the vacation, holiday, floating holiday, compensatory time, or holiday compensatory time accounts. E. Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis. All computations will be on a standard 173.33 basis, except that employees on other than a forty (40) hour week will have hours prorated according to their status. F. Any recipient will be limited to a total of one thousand forty (1040) hours or its equivalent per catastrophic event; each donor will be limited to one hundred twenty (120) hours per calendar year. SEW 535 R&F 81 - 1995-99 MOU G. No element of this plan is grievable. All appeals from either a donor or recipient will be resolved on a final basis by the Director of Human Resources. H. This Catastrophic Leave Bank program is adopted on a twelve-month pilot program ending April '1 , 1995. Its continuation will be subject to consideration of administrative ease of operation, cost and acceptance by employees. I. No employee will have any entitlement to catastrophic leave benefits. The award of Catastrophic Leave will be at the sole discretion of the committee, both as to amounts of-benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six months. The committee will be entitled to limit benefits in accordance with available contributions and to choose from among eligible applicants, on an anonymous basis, those who will receive benefits. J. Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. SECTION 16 - LEAVE OF ABSENCE 16.1 Leave Without Pay. Any employee who has permanent status may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions, SEW 535 R&F - 82 - '1995-99 MOU and family care shall be granted in accordance with applicable state and federal law. 16.2 General Administration - Leaves of Absence. Requests for leave of absence without pay shall be made upon forms prescribed by the Director of Human Resources and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. A. Leave without pay may be granted for any of the following reasons` 1 . Illness, disability, or serious health condition; 2. pregnancy or pregnancy disability; 3. family care; 4. to take a course of study such as will increase the employee's usefulness on return to the position; 5. -for other reasons or circumstances acceptable to the appointing authority. B. An employee must request family care leave at least thirty (30) days before the leave is to begin if the need for the leave is foreseeable. If the need is not foreseeable, the employee must provide written notice to the employer within five (5) days of learning of the event by which the need for family care leave arises. SEW 535 R&F - 83 - 1995-99 MOU C. A leave without pay may be for a period not to exceed one (1) year, provided the appointing authority may extend such leave for additional periods. The procedure in granting extensions shall be the same as that in granting the original leave, provided that the request for extension must be made not later than thirty (30) calendar days before the expiration of the original leave. D. Nevertheless, a leave of absence for the employee's serious health condition or for family care shall be granted to an employee who so requests it for up to eighteen (18) weeks in each calendar year period in accordance with_ Section 15.5 below. E. Whenever an employee who has been granted a leave without pay desires to return before the expiration of such leave, the employee shall submit a request to the appointing authority in writing at least fifteen (15) days in advance of the proposed return. Early return is subject to prior approval by the appointing authority. The Human Resources Department shall be notified promptly of such return. F. Except in the case of leave of absence due to family care, pregnancy, pregnancy disability, illness, disability, or serious health condition, the decision of the appointing authority granting or denying a leave or early return from leave shall be subject to appeal to the Human Resources Director and not subject to appeal through the grievance procedure set forth in this MOU. SEIU 535 R&F - 84 - 1995-99 MOU 16.3 Furlough Davy Without Pay. The existing VTO program shall be continued for the life of the contract. 16.4 Military Leave. Any employee who has permanent status and who is ordered to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof, shall be granted a military leave for the period of such service, plus ninety (90) days. Additionally, any employee who volunteers for service during mobilization under Executive Order of the President or Congress of the United States and/or the State Governor in time of emergency, shall be granted a leave of absence, if necessary, in accordance with applicable state or federal laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. An employee who has been granted a military leave shall not, by reason of such absence, suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the Director of Human Resources may deem necessary. SEW 535 R&F - 85 - 1995-99 Mou 16.5 Family care Leave or Medical Leave. Upon request to the appointing authority, in each calendar year any employee who has permanent status shall be entitled to at least eighteen (18) weeks (less if so requested by the employee) leave for: a. medical leave of absence for the employee's own serious health condition which makes the employee unable to perform the functions of the employee's position; or b. family care leave of absence without pay for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. 16.6 Certification. The employee may be asked to provide certification of the need for family care leave or medical leave. Additional period(s) of family care or medical leave may be granted by the appointing authority. 16.7 Intermittent Use of Leave. The eighteen (18) week entitlement may be in broken periods, intermittently on a regular or irregular basis, or may include reduced work schedules depending on the specific circumstances and situations surrounding the request for leave. The eighteen (18) weeks may include use of appropriate available paid leave accruals when accruals are used to maintain pay status, but use of such accruals is not required beyond that specified in Section 16.12 below. When paid leave accruals SEW 535 R&F - 86 - 1995-99 MOU are used for a medical or family care leave, such time shall be counted as a part of the eighteen (18) week entitlement. 16.8 Aggregate Use for Spouses. In the situation where husband and wife are both employed by the County, the family care of medical leave entitlement based on the birth, adoption or foster care of a child is limited to an aggregate for both employees together of eighteen (18) weeks during each calendar year period. Employees requesting family care leave are required to advise their appointing authority(ies) when their spouse is also employed by the County. 16.9 Definitions. For medical and family care heaves of absence under this section, the following definitions apply: a. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child who is under eighteen (18) years of age for whom an employee stands in loco parentis or for whom the employee is the guardian or conservator, or an adult dependent child of the employee. b. Parent: A biological, foster, or adoptive parent, a stepparent, legal guardian, conservator, or other person standing in loco parentis to a child. C. Souse: A partner in marriage as defined in California Civil Code Section 4100. d. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom the employee is not related and with whom the employee resides and shares the common necessities of life. SEW 535 R&F - 87 - 1995-99 MOU e. Serious Health Condition: An illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves either inpatient care in a hospital, hospice or residential health care facility or continuing treatment or continuing supervision by a health care provider (e.g. physician or surgeon) as defined by state and federal law. f. Certification for Family Care Leave: A written communication to the employer from a health care provider of a person for whose care the leave is being taken which need not identify the- serious health condition involved, but shall contain: 1 . the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; I an estimate of the amount of time which the employee needs to render care or supervision; 4. a statement that the serious health condition warrants the participation of a family member to provide care during period of treatment or supervision; 5. if for intermittent leave or a reduced work schedule leave, the certification should indicate that the intermittent leave or reduced leave schedule is necessary for the care of the individual or will assist in their recovery, and its expected duration. SEW 535 R&F - 88 - 1995-99 MOU g. Certification for Medical Leave: A written communication from a health care provider of an employee with a serious health condition or illness to the employer, which need not identify the serious health condition involved, but shall contain: 1 . the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employee's job; 4. if for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule and its expected duration. h. Comparable Positions: A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave. Ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co-workers, supervisor(s), or other staffing may have changed during an employee's leave. 16.10 Pregnancy Disabili#.y Leave. Insofar as pregnancy disability leave is used under Section 14.3.d (Sick Leave Utilization for Pregnancy Disability), that time will not be considered a part of the eighteen (18) week family care leave period. SEW 535 R&F - 89 - 9 995-99 Mou 16.11 Group► health Plan Coverage. Employees who were members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the County contribution by maintaining their employment in pay status as described in Section 16.12. During the eighteen (18) weeks of an approved medical or family care leave under Section 16.5 above, the County will continue its contribution for such health plan coverage even if accruals are not available for use to maintain pay status as required under Section 16.12. In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain their group health plan coverage, either through payroll deduction or by paying the County directly. 16.12 Leave without Pav - Use of Accruals. A. All Leaves of Absence. During the first twelve (12) month period of any leave of absence without pay, an employee may elect to maintain pay status each month by using available sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements; in other words, during the first twelve (12) months, a leave of absence without pay may be "broken" into segments and accruals used on a monthly basis at the employee's discretion. After the first twelve (12) months, the leave period may not be "broken" into segments and accruals may not be used, except when required by LTD Benefit Coordination or SDI/Sick Leave Integration Section 14.8 or as provided in the sections below. SEW 535 R&F - 90 - 1995-99 MOU B. Family Care or Medical Leave. During the eighteen (18) weeks of an approved medical or family care leave, if a portion of that leave will be on a leave of absence without pay, the employee will be required to use at least 0.1 hour of sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid Sick Leave), vacation floating holiday, compensatory time off or other accruals or entitlements if such are available, although use of additional accruals is permitted under subsection A. above. C. Leave of Absence/Long, Term Disability ,(LTD Benefit Coordination. An eligible employee who fibs an LTD claim and concurrently takes a leave of absence without pay will be required to use accruals as provided in Section B herein during the eighteen (18) week entitlement period of a medical leave specified above. If an eligible employee continues beyond the eighteen (18) weeks entitlement period on a concurrent leave of absence/LTD claim, the employee may choose to maintain further pay status only as allowed under subsection A. herein. D. Sick leave accruals may not be used during any leave of absence, except as allowed under Section 14.3 - Policies Governing the Use of Paid Sick Leave. 18.13 Leave of Absence Replacement and Reinstatement. Any permanent employee who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted SEW 535 R&F - 91 - 1995-99 MOU a leave of absence, shall be reinstated to a position in that classification and department and then only on the basis of seniority. In case of severance from service by reason of the reinstatement of a permanent employee, the provisions of Section 11 - Seniority, Workforce Reduction, Layoff, & Reassignment shall apply. 15.14 Leave of Absence Return. In the Social Service Department an employee shall have the right to return to the same class, building, and assignment (position control number) if the return to work is within eighty-nine (89) consecutive days from the initial date the employee started leave of absence. At such time the leave of absence is approved by the Appointing Authority, the Social Service Department shall notify the employee of the final date by which they shall return to be assigned to the same position control number. 15.15 Reinstatement From Family Care Medical Leave. In the case of a family care or medical leave, an employee on a 5140 schedule shall be reinstated to the same or comparable position if the return to work is after no more than ninety (90) work days of leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a full schedule is after no more than seven hundred twenty (720) hours, including use of accruals, of intermittent or reduced schedule leave. At the time the original leave is approved, the appointing authority shall notify the employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable SEW 535 R&F - 92 - '1995-99 MOU position. An employee on a schedule other than 5/40 shall have the time frame for reinstatement to the same or comparable position adjusted on a pro rata basis. 16.16 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. 16.17 Unauthorized Absence. An unauthorized-absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or cancelled by the appointing authority, or at the expiration of a leave shall be without pay. Such absence may also be grounds for disciplinary action. 16.18 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall remain in effect. 16.19 Time tiff to Vete. 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. SEW 535 R&F - 93 - 1995-99 MOU Any employee seeking time off to vote under the provisions of this Section, must submit a written request, at least two (° ) working days in advance, to his or her immediate supervisor, stating the following. name; job classification; department; a statement "I am a registered voter"; geographic location and address of the employee's polling place; amount of time off requested and whether it is to be at the beginning or end of the employee's regular work day; and a clear statement as to why the employee is unable to vote during the regular hours that the polls are open. SECTION 17 - JURY DUTY AND WITNESS DUTY 17.1 JurC For purposes of this Section, jury duty shall be defined as any time an employee is obligated to report to the court. A. When called for jury duty, County employees, like other citizens, are expected to discharge their jury duty responsibilities. B. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. C. If summoned for jury duty in a Municipal, Superior, or Federal Court, or a Coroners jury, employees may remain in their regular County pay status, or they may take paid leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses paid to them. D. When an employee is summoned for jury duty selection or is selected as a juror in a Municipal, SEW 535 i\&F - 94 - 1995-99 MOU Superior or Federal Court, employees may remain in a regular pay status if they waive all fees (other than mileage), regardless of shift assignment and the following shall apply: 1 . If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where it will be retained as a department record. No "Absence/Overtime Record" is required. 2. An employee who elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. No court certificate is required but an "Absence/Overtime Record" must be submitted to the department payroll clerk. E. Employees are not permitted to engage in any employment regardless of shift assignment or occupation before or after daily jury service that would affect their ability to properly serve as jurors. F. An employee on short notice standby to report to court, whose job duties make short notice response impossible or impractical, shall be given alternate work assignments for those days to enable them to respond to the court on short notice. SEW 535 R&F - 95 - 1995-99 MOU G. When an employee is required to serve on jury duty, the County will adjust that employee's work schedule to coincide with a Monday to Friday schedule for the remainder of their service, unless the employee requests otherwise. Participants in 9/80 or 4/10 work schedules will not receive overtime or compensatory time credit for jury duty on their scheduled days off. H. Permanent-intermittent employees are entitled to paid jury duty leave only for those days on which they were previously scheduled to work. 17.2 Witness ,Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the county all fees and expenses paid to them (other than mileage allowances) or they make take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth in Section 16 of this MOO. 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. SEIU 535 R&F - 96 - 1995-99 MOU 1 � • • • . .. • • s • • - • IV • • • • ' - • • A! • ' Y • • ' • f ' • • lw • • ' •� .r • • ., • s • ar • s • s r • • . # # ON .. # • # i # # " • � " i - i " # # i # ' i 0 or i 10 i # i • - # � ' i ' # ' # i ' # # # 400 # # • . # - i • „ i - i i # • i # # lw # ` . �` i i i •, . ` 411 fees, for the option selected. The entire cost of coverage shall be paid at a time and place specified by the County. Late payment may result in cancellation of health plan coverage with no reinstatement allowed. An employee who terminates County employment may convert to individual health plan coverage, if available, or may continue County group health plan coverage to the extent provided under COBRA by making premium payments to the County at a time and place specified by the County. 18.8 Retirement +Coverage. Upon retirement, employees may remain in the same County group. medical plan if immediately before their retirement they are either active subscribers to one of the County Health Plans or if on authorized leave of absence without pay they have retained individual conversion membership from the County plan. 18.7 Deferred Retirement. Effective January 1 , 1997, employees who resign and file for a deferred retirement may continue in their County group health and dental plan; the following conditions-and limitations apply: a. Life insurance coverage is not included. b. To be eligible to continue health and dental coverage, the employee must: 1 . be qualified for a deferred retirement under the 1937 Retirement Act provisions. 2. be an active member of a County group health and/or dental plan at the time of filing their SEW 535 R&F - 99 - 1995-99 MOU deferred retirement application and elect to continue health benefits. I be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty-four ( 4) months of their application for deferred retirement. 4. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty ( 0) days before their separation from county service. C. Deferred retirees who elect continued health benefits hereunder may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement at their full personal expense, by paying the full premium for their health and dental coverage on or before the 1 1th of each month to the Auditor- Controller. When they begin to receive retirement benefits, they will qualify for the same health and/or dental plan coverage and county subvention to which retirees who did not defer retirement are entitled. d. Deferred retirees who elect continued health benefits hereunder may elect not to maintain participation in their county health and/or dental plan during their deferred retirement period; and may instead qualify for the same coverage and county ' subvention in any County health and/or dental plan when they begin to receive retirement benefits as retirees who did not defer retirement SEIU 535 R&F _ 100 - 1995-99 MCU are entitled; provided reinstatement to a County group health and/or dental plan with county subvention occurs no sooner than the first of the month following a full three (3) calendar month waiting period after the commencement of their monthly allowance. e. Eligibility for County subvention will not exist hereunder unless and until the member draws a monthly retirement allowance within not more than twenty-four (24) months after separation from County service. f. Deferred retirees are required to meet the same eligibility provisions for health/dental plans as active/retired employees. 18.8 Dual Coverage. If a husband and wife both work for the County and one of them is laid off, the remaining eligible shall be allowed to enroll or transfer into the health coverage combination of his/her choice. An eligible employee who is no longer covered for medical or dental coverage through a spouse's coverage shall be allowed to enroll or transfer into the health coverage combination of his/her choice within thirty (30) days of the date coverage is no longer afforded under the spouse's plan. 18.9 Health Care Spending Account. Effective January 1 , 1907, the County will offer regular full-time and part-time (20/40 or greater) County employees the option to participate in a Health Care Spending Account (HCSA) Program designed to qualify for tax savings under Section SEW 535 R&F _ 101 - 1995-99 MOU # t employees upon realizing certain point lever. The value of the prizes will increase with higher point values and one (1) grand prize will be awarded each year to the employee with the highest number of paints. C. Incentives. A series of incentive prizes will be assigned to certain paint values. In addition, recognition for employee and department participation will be an important aspect of the Wellness Incentive Program. D. Referral. The parties agree to refer the Wellness Incentive Program to the Wellness Committee for its consideration. 18.11 Child Care. The County will continue to support the concept of non-profit child care facilities similar to the "Kids at Work" program established in the Public Works Department. 18.12 Confidentiality of Information/Records. Any use of employee medical records will be governed by the Confidentiality of Medical Information Act (Civil Code Sections 55 to 55.26). 18.13 PIERS Lang Term Care. The County proposes to deduct and remit monthly premium and eligible lists to the PERS long Term Care Administrator, at no County administrative cost, for County employees who are eligible and voluntarily elect to purchase long term care through the PERS Long Term Care Program. The County further agrees that County employees interested in purchasing PERS Long Terra Care may participate in meetings scheduled by PERS Long Term Care on County SEIU 535 R&F - 103 - 1995-99 MOU facilities during non-work hours (i.e. coffee breaks, lunch hour). SECTION 19 - PROBATIONARY PERIOD 19.1 Duration. All appointments from officially promulgated employment lists for original entrance or promotion shall be subject to a probationary period. This period shall be from six ( ) months to two (2) years duration. 19.2 Classes With Probation Periods over :pix Months. misted below are those classes represented by the Union which have probation periods in excess of six (5) months: None. 19.3 Revised Probationary Period. When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 19.4 Criteria. The probationary period shall commence from the date of appointment. It shall not include time served in provisional or temporary appointments or any period of continuous unpaid absence exceeding fifteen (15) calendar days, except as otherwise provided by law. For those employees appointed to permanent-intermittent positions with a six (5) months probation period, probation will be considered completed upon serving one-thousand (1 ,000) hours after appointment except that in no instance will this period be less than six (6) calendar months from the beginning of probation. If a permanent-intermittent probationary employee is reassigned to full time, credit SEW 535 R F - 104 - 1995-99 MOU toward probation completion in the full time position shall be prorated on the basis of one hundred seventy-three (173) hours per month. 19.5 Rejection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. A. Appeal from rejection. Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based on political or religious affiliations or opinions, Union activities, or race, color, national origin, sex, age, disability, or sexual orientation. B. The appeal must be written, must be signed by the employee and set forth the grounds and facts by which it is claimed that grounds for appeal exist under Subsection A and must be filed through the Director of Human Resources to the Merit Board by 5:00 p.m. on the seventh {7th} calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may have been based on grounds prohibited in Subsection A, it may refer the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. SEW 535 R&F - 105 - 1995-99 Mou $ - & ems e e e e e ■ _ # - $ � - � � e . e - f , « ■ � _ � - � , e f - � e _ e ■ e ■ \ - _ e ■ - , . _ e f . � ` - _ ■ ■ f , ° ems f » f ■ - #ee . , e f reef � � a - ■ � , - e ee , : e _ e � ee . f a - - & ■ � e : e~ . < � . , . � - � e � ■ f ee « out * # „ � ■ � e «e - e _ e # ■ - e � - ■ $ - � � e �# e � � _ e # e f - ■ e � $ e ■ - e _ . e � e ■ $ f e ° � . « ■ e , _ � _ e # . . _ ® _ , ■ _ \ _ _ _ « . . _ � ■ #e ■ _ 2 � � _ - - ■ _ - - . f . _ � < ■ _ e , � � � � # 2f - # - e � ■ ■ # � . _ - , e ■ e f � $ e e _ ° e : f e � - f _ $ _ � � � e , _ ° � e e - e e e , ■ e � $ ■ ■ - ■ , ■ # - . � � e » e ^ < e \ � . ■ # ' � ■ ■ . $ e » eft , e - _ e . m » eee ° e _ # _ < ■ - f e . - « e # ¥ e - e ■ e � $ � e , - e ee � , $ � � , . � ■ # � \ - . - f _ - � e , ■ � - _ - � $ ee _ $ e - ■ e e _ f $ e , . eee _ ■ f _ e ■ e e � . « � \ ■ \ $ ° � 2 _ - 2 ■ ■ $ f � f e e - f ~ e _ . e e ■ � e e . $ � - owl . - - ■ , : . ^ � � ■ - � - ® � 2 - - ® � a ® ® _ � � ® f . � ■ e ee ■ - � # _ _ ■ ee 2 - � � ■ - e # � $ � e e « - - # e . ` $ # # _ � e � $ � ■ e e . _ ■ e , e - $ ■ . $ e � @ , ® � e ff - f � $ ■ ■ ' ■ e ■ , $ e - e $ � ■ _ ■ ■ \ a � � � f ■ � � - � ■ ■ � � � e ■ � m e $ e fe # _ ° � - ■ ■ � - a $ m y , ■ f - < $ f e e � e e ` e � � - e _ - ■ � f | : 0 0 $ ! I # i • � # « • # M11 # • i 4 # « • # I # # # # « • « I # # # I i « • # • r # ry # « • # • # • i •� « # # ! « • # # « # # ! # « # • 4 19.8 Re"ection During Probation of Layoff Em Io ee. 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 shah be automatically restored to the layoff list, unless discharged for cause, if the person is within the period of layoff eligibility. The employee shall begin a new probation period if subsequently certified and appointed in a different department or classification than that from which the employee was laid off. SECTION 20 - PROMOTION 20. 1 competitive Exam. Promotion shall be' by competitive examination unless otherwise provided in this MOU. 20.2 Promotion Policy. The Director of Human Resources, upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 20.3 Oven Exam. If an examination for one of the rim-ui�ur �r�rrrn.�n classes represented by the Union is proposed to be announced on an open only basis, the Director of Duman Resources shall give five ( ) days prior notice of such proposed announcement and shall meet at the request of the Union to discuss the reasons for such open announcement. 20.4 Promotion via Reclassification Without Examination. Notwithstanding other provisions of this Section, an employee may be promoted from one SEW 535 R&F - 108 - 1995-99 MOU classification to a higher classification and his/her position reclassified at the request of the appointing authority and under the following conditions: a. An evaluation of the position(s) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. b. The incumbent of the position must have performed at the higher level for one (1 ) year. C. The incumbent must meet the minimum education and experience requirements for the higher class. d. The action must have approval of the Duman Resources Director. e. The Union approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 20.5 Requirements for Promotional „Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. If an employee who is qualified on a promotional employment list is separated from the merit system, except by layoff, the employee's name shall be removed from the promotional list. SEW 535 IA F - 109 - 1995-99 MOU 20.6 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total scare, not including seniority credits, of seventy (70) percent or more, shall receive, in addition to all other credits, five one-hundredths of one percent (05%) for each completed month of service as a permanent County employee continuously preceding the final date for ding 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. leo employee, however, shall receive more than a total of five percent {5%) credit for seniority in any promotional examination. . ' ysi+cal Examination. County employees who are required as part of the promotional examination process to take a physical examination shall do so on County time at County expense. SECTION 21 - TRANSFER 21 .1 Requirements. 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 Duman Resources to be appropriate for transfer on the basis of minimum qualifications and qualifying procedure; b. the employee shall have permanent status in the merit system and shall be in good standing; SEW 535 R&F - '11# - 1995.99 MOU C. the appointing authority or authorities involved in the transaction shall have indicated their agreement in writings d. the employee concerned shall have indicated agreement to the change in writing; e. the Director of Human resources shall have approved the change. Notwithstanding the foregoing, transfer may also be accomplished through the regular appointment procedure provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. 21 .2 Transfer Without Examination. With the approval of the appropriate appointing authority/authorities and the consent of the employee, the Director of Human Resources may transfer an employee from one job classification to another job classification without examination under the fallowing conditions: a. the duties and responsibilities of the position from which the employee is being transferred are within the occupational area or directly associated with the duties and responsibilities of the position to which the employee is being transferred. b. the employee must possess the minimum qualifications for the job classification to which the employee is being transferred. C. the employee must serve the probationary period required for the classification into which the employee is being transferred. SEW 535 R&F - 111 - 1995-99 MOU d. an employee rejected during the probationary period or who resigns during the probationary period for other than disciplinary reasons shall have the right at that time to be restored to a position in the classification in the department from which the employee was transferred. The Human Resources Director, upon request, will provide written justification for invoking this section. 21 .3 [procedure. Any employee or appointing authority who desires to initiate a transfer may inform the Director of . Human Resources in writing of such desire stating the reasons therefore. The Director of Human Resources shall, if he or she considers that the reasons are adequate and that the transfer will be for the good of the County service and the parties involved, inform the appointing authority or authorities concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. SECTION 22 - RESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. Oral resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the Duman Resources Department and shall indicate the effective date of termination. 22.1 Resignation in Goad Standing. A resignation giving the appointing authority Written notice at least two (2) SEIU 535 R&F - 112 - 1995-99 Mou weeks in advance of the last date of service (unless the appointing authority requires a longer period, up to four (4) weeks, for a specific reason, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 22.2 Constructive Resignation. A constructive resignation occurs and is effective when: a. An employee has been absent from duty for five (5) consecutive working days without leave; and b. five (5) more consecutive working days have elapsed without response by the employee after the mailing of a notice of resignation by the appointing authority to the employee at the employee's last known address. 22.3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative either on that date or another date specified. 22.4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority, except that an oral resignation rescinded in writing by the end of the workday following the oral resignation will be accepted by the appointing authority. 22.5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice SEW 535 R&F - 113 - 1995-99 MOU on the Director of Human Resources and a copy on the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, it shall be revoked and the employee returned to duty effective on the day following the appointing authority's acknowledgment without loss of seniority or pay. C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Director of Human Resources waiving the employee's right of appeal to the Merit Board in favor of the employee's appeal rights under the grievance procedure contained in Section 24 of the MOU beginning with Step C. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. SEW 535 R F - 114 - 1995-99 MOU SECTION 23 - DISMISSALl SUSPENSION &. DEMOTION 23.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend or demote any employee for cause. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal, suspension or demotion may be based on reasons other than those specifically mentioned: a. absence without leave, b. conviction of any criminal act involving moral turpitude, C. conduct tending to bring the merit system into disrepute, d. disorderly conduct, e. incompetence or inefficiency, f. insubordination, g. being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises, h. neglect of duty, i.e. non-performance of assigned responsibilities I. negligent or willful damage to public property or waste of public supplies or equipment, SEW 535 R&F _ 115 - 1995-99 MOU j. violation of any lawful or reasonable regulation or order given by a supervisor or Department Head, k. willful violation of any of the provisions of the merit system ordinance or Personnel Management Regulations, 1. material and intentional misrepresentation or concealment of any fact in connection with obtaining employment, M. misappropriation of County funds or property, n. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this MOU, o. dishonesty or theft, P. excessive or unexcused absenteeism and/or tardiness. q. sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. 23.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before taking a disciplinary action to dismiss, suspend for more than five (5) work days, or SEW 535 R&F - 116 - 1995-99 MOU 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. EmploeeResponse. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or any extension, the right to respond is lost. 23.3 Leave Pendine Employee Response. Pending response to a Notice of Proposed Action within the first SEW 535 R&F - 117 1995-99 MOU seven (7) days, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 23.4 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days unless ordered by an arbitrator, an adjustment board or the Merit Board. 23.5 Procedure on Dismissal Suspension or Disciplinary Demotion. A. In any disciplinary action to dismiss, suspend, or demote an employee having permanent status in a position in the merit system, after- having complied with the Provisions of Section 23.2, where applicable, the appointing authority shall make an order in writing stating specifically the causes for the action. B. Service of Order. Said order of dismissal, suspension, or demotion shall be filed with the Director of Human Resources, showing by whom and the date a copy was served upon the employee to be dismissed, suspended or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon personal service or deposit in the U. S. Postal Service. C. EmployeeAppeals From Order. The employee may appeal an order of dismissal, suspension or demotion either to the Merit Board or through the procedures of Section 24 - Grievance Procedure of this MOU provided that such appeal is filed in SEW 535 R&F - 118 - 1995-99 MOU writing with the Human Resources Director within ten (10) calendar days after service of said order. An employee may not both appeal to the Merit Board and file a grievance under Section 24 of this MCU. 23.6 Employee Representation Rights. The County recognizes an employee's right to representation during any disciplinary interview or meeting which may result in discipline. The county will not interfere with the representative's right to assist an employee to clarify the facts during the interview. SECTION 24 - GRIEVANCE PROCEDURE 24.1 Definition and Procedural Steps. A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. The Union may represent the grievant at any state of the process. Grievances must be filed within thirty (30) days of the incident or occurrence about which the grievant claims to have a grievance and shall be processed in the following manner: A. Step 1 . Any employee or group of employees who believe that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the grievant's immediate supervisor, who shall meet with the SEW 535 R&F - 119 - 1995-99 MOU grievant within five (5) days of receipt of a written request to hold such meeting. If the issue is not resolved, the procedures hereinafter may be invoked. S. Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may submit the grievance in writing within ten (10) work days to such management official as the Department Head may designate. This formal written grievance shall state which provision of the MCU has been misinterpreted or misapplied how misapplication or misinterpretation has affected the grievant to the grievant's detriment, and the redress the grievant seeks. A copy of each written communication on a grievance shall be filed with the Director of Human Resources. The Department Head or his or her designee shall have ten (10) work days in which to respond to the grievance in writing. Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the grievant may appeal in writing within ten (10) work days to the Human Resources Director. The Human Resources Director or his or her designee shall have twenty (20) work days in which to investigate the merit of the complaint and to meet with the Department Head and the grievant and attempt to settle the grievance and respond in writing. D. Step 4. No grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 3 above and filed within ten (10) work days of the written response of the Human Resources Director or SEW 535 R&F - 120 - 1995-99 MOU designee. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, such grievance shall be submitted in writing to an Adjustment Board comprised of three (3) Union representatives, no more than two (2) of wham shall be either an employee of the County or an elected or appointed official of the Union presenting this grievance, and three (3) representatives of the County, no more than two (2) of whom shall be either an employee of the County or a member of the staff of an organization employed to represent the County in the meeting and conferring process. Where the parties agree, the Adjustment Board may be comprised of two (2) Union representatives and two (2) County repre- sentatives. The Adjustment Board shall meet within twenty (20) work days of receipt of the written request and render a decision. If the County fails to meet the time limits specified in Step 4 and the grievant demands in writing that an Adjustment Board be convened, the County will convene an Adjustment Board within ten (10) work days or the grievance will move to arbitration upon demand. E. Step 5. If an Adjustment Board is unable to arrive at a majority decision, either the grievant or the County may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the grievant and the Human Resources Director. Such request shall be submitted within twenty (20) work days of the rendering of the Adjustment Board decision. Within twenty (20) work days of the request for arbitration the parties shall mutually select an arbitrator who SEW 535 R&F - 121 - 1995-99 MOU shall render a decision within thirty (30) worm days from the date of final submission of the grievance including receipt of the court reporter's transcript and post-hearing briefs, if any. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the grievant and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post-hearing briefs, if any. 24.2 scope of Adiustment Board and Arbitration Y MIT I�iY IiWrnr.nl�n MSI r�wrr�rN I�w�rl-rY r n ww.wwY�IM�1Y� Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. B. No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in Subsection 24.1 above. C. Proposals to add to or change this MCU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any EW 535 R&F - 122 - 1995-99 Moil arbitrator shall have the power to amend or modify this MOU or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. If the Human Resources Director in pursuance of the procedures outlined in Subsection 24.1 .0 above, or the Adjustment Board in pursuance of the provisions of Subsection 24.1 .D above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time. E. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Anion or Association. 24.3 Time Limits. The time.limits specified above may be waived by mutual agreement of the parties to the grievance. If the County fails to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move- to the next step. If an grievant fails to meet the time limits specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and withdrawn. 24.4 Compensation Complaints. All complaints ri �u....n�nrnr��i involving or concerning the payment of compensation shall be initially 'filed in writing with the Human resources Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of SEW 535 R&F - 123 - 1995-99 Mou this MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, if not detailed in the MOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. leo adjustment shall be retroactive for more than two (2) years from the date upon which the complaint was fled. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Union. 24.5 No Strike. During the term of this MOU, the Union, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, sickout, or refuse to perform customary duties. In the case of a legally declared lawful strike against a private or public sector employer which has been sanctioned and approved by the labor body or council having jurisdiction, an employee who is in danger of physical harm shall not be required to cross the picket line, provided the employee advises his or her supervisor as soon as possible, and provided further that an employee may be required to cross a picket line where the performance of his or her duties is of an emergency nature and/or failure to perform such duties might cause or aggravate a danger to public health or safety. SEW 535 R F - 124 - 1995-99 MOU 24.6 Merit Board. A. All grievances of employees in representation units represented by the Union shall be processed under Section 24 unless the employee elects to apply to the Merit Board on matters within its jurisdiction. B. No action under Paragraph C, D and E of Subsection 24.1 above shall be taken if action on the complaint or grievance has been taken by the Merit Board, or if the complaint or grievance is pending before the Merit Board. 24.7 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this MOU. 24.8 Union Notification. An official with whom a formal grievance is filed by a grievant who is included in a unit represented by the Union in the grievance, shall give the Union a copy of the grievance. SECTION 25 - BILINGUAL PROVISIONS 25.1 Salary Differential. A salary differential of fifty dollars ( 50) per month shall be paid incumbents of positions requiring bilingual proficiency as designated by the appointing authority and Director of Human Resources, or in the Social Service Department, to those who translate in accordance with the designated criteria of one (1) day per week or twenty percent (20%) of the time or whose caseloads are twenty-five percent (25%) or more non- SEW 535 R&F - 125 - 1995-99 MOU English speaking. Said differential shall be prorated for employees working less than full time and/or who are on an unpaid leave of absence for a portion of any given month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. Effective July 1 , 1908 the current program differential shall be increased from fifty dollars ($50) per month to sixty dollars ($60) per month. Effective October 1 , 1997 the differential shall be increased to a total of sixty-five ($65) per month. 25.2 Spanish Notices of Action. The County shall implement Spanish Notices of Action. 25.3 Non-English Speaking Caseloads. For those employees with twenty-five (25%) or more non-English speaking caseloads, their caseload shall be reduced by ten percent (10%). SECTION 2+6 - RETIREMENT CONTRIBUTION 26.1 Contribution. Pursuant to Government Code Section 31581 .1 , the County will continue to pay fifty (50) percent of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOU, and shall terminate thereafter. Employees shall be responsible for payment of the employees' contribution for the retirement cost of living program as determined by the Board of Retirement of the Contra Costa County Employees' Retirement Association without the County paying any part of the employees share. The SEW 535 R&F - 126 - 1995-99 MOU County will pay the remaining one--half (Y2) of the retirement cost-of-living program contribution. 26.2 Tier III Retirement Plan. Subject to the enactment of enabling legislation amending the 1937 Employees' Retirement Act to allow such election, the County will permit certain Tier 11 employees to elect a Tier III Retirement Plan under the following conditions: 1 . The County and the Labor Coalition must agree on the wording of the legislation and both parties must support the legislation. 2. Except for disability, all benefit rights, eligibility for and amounts of all other benefit entitlements for Tier 111, from and after the date of implementation, shall be the same as Tier 1. The disability benefits for Tier III shall be the same as the current Tier II disability provisions. 3. The amount of the employee's required retirement contribution shall be established by the County Employees' Retirement Association and shall be based on the employee's age at entry into the retirement system. 4. Employees represented by the Labor Coalition and its member employee organizations (herein referred to as `Labor Coalition'), enrolled in Tier II who have attained five (5) years of retirement credited service as of the effective date of the enabling legislation shall have a six (6) month period after such date to make a one time irrevocable election of the Tier III Retirement Plan expressed herein subject to action by the Board of SEW 535 R&F - 127 - 1995-99 MOU Supervisors to implement the Plan. Thereafter, employees represented by the Labor Coalition enrolled in Tier II who have attained five (5) years of retirement credited service shall have a ninety (90) day period to make a one time irrevocable election of the Tier III Retirement Plan expressed herein. 5. a. The County's employer contributions and subvention of employee contributions for Labor Coalition 'employees electing Tier III which exceed those which would be required for Tier 11 membership shall: 1 . be funded by reducing the general wage increase agreed upon to be effective October 1 , 1997, and the pay equity amounts attributable thereto, by a percentage sufficient to reduce the County's wage obligation by three ($3) million dollars per year, and the general wage increase of all employees represented by the Labor Coalition shall be reduced accordingly; and 2. in the event the County's costs attributable to the creation and operation of Tier III exceed $3 million per year or the County Employees' Retirement Association's actuaries determine in future years that the County's retirement costs have increased and that the increase is attributable to the creation of Tier III and/or the impact of Tier 111 on the County's retirement costs, such increase SEW 535 R&F - 128 - 1995-99 MOu shall be funded by reducing the general wage increase(s) agreed upon in future years, and the pay equity amounts attributable thereto, to the extent that future wage increases are granted; and the general wage increase(s) of all employees represented by the Labor Coalition shall be reduced accordingly; and, , 3. in the event the County's costs attributable to the Tier III retirement Plan are less than 3 million per year, the difference shall be divided by twelve and each twelfth shall be augmented by an amount equal to the County's common pooled fund interest which would have accrued if one twelfth had been invested in the first month of the past year, two twelfths in the second month of the past year and so forth; and, 4. any savings to the County resulting from the creation and operation of Tier III shall be used to offset future County retirement cost increases attributable to the creation and operation of Tier III; and 5. County savings shall be held in an account by the Auditor-Controller which is invested in the County's common pooled fund and will accrue interest accordingly. The County will report yearly to the Labor Coalition on a) the beginning account balance, b) the interest earned, c) SEW 535 R&F - 129 - - 1995-99 MOU expenditures from the account to cover increased costs resulting from the Tier III Retirement Plan, and d) the ending account balance. b. Any increased costs to the County, due to Tier III participation by employees not represented by the Labor Coalition, shall not be funded by reduction of general wage increases otherwise due to the employees represented by the Labor Coalition. c. Subject to the provisions expressed above, any and all additional employer and- County- paid nd_ County-paid employee contributions which exceed the sum of the County's legally required contributions under Tier 11 shall be recovered by reducing general wage increases to the employees represented by the Labor Coalition. d. Any disputes regarding cost or savings shall be subject to binding arbitration upon demand of the Labor Coalition or the County. 0. a. The enabling legislation shall provide that the Tier III retirement Plan may be implemented only by an ordinance enacted by the Board of Supervisors. b. Board of Supervisors' action to implement the Tier III Retirement Flan shall be taken not earlier than seven (7) months after the effective date of the legislation plus thirty (30) days after an actuarial report on the County SEW 535 R&F - 130 - 1995-99 MOU cost of the Plan is received by the County, provided that before enactment of the ordinance, the Labor Coalition has not notified the County in writing that a one percent (1 %) wage increase shall be implemented by the County effective October 1 , 1997, without interest, in lieu of implementation of the Tier III Retirement Plan. 7. The establishment of the Tier III Retirement Plan pursuant to the terms of this Memorandum of Understanding shall be subject to approval by the Board of Retirement of the Contra Costa County Employees' Retirement Association. 8. In the event the County is prevented from implementing the Tier III Retirement Plan for any reason on or before the termination date of this MOU, the agreement of the parties regarding a Tier III Retirement Plan shall expire and a one percent (1 %) lump sum wage increase shall be implemented by the County within sixty (60) days after the determination that Tier III cannot be implemented or as soon thereafter as practicable for the period covering October 1 , 1997 through such termination date, without interest, in lieu of the Tier III Retirement Plan. SECTION 27 - TRAINING REIMBURSEMENT The Social Service Department shall establish an annually renewable training reimbursement fund in the amount of $10,000 for the exclusive purpose of reimbursing employees covered by this agreement for the cost of tuition, fees, SEW 535 R&F - 131 - 1995-99 Mou backs, and other employee expenses incurred in the pursuit of work related education, continuing education, or work related graduate degree. In the Social Service Department said fund shall replace the career development training reimbursement described in the County Administrative Bulletin on Training. Reimbursement under said fund will be limited to two hundred and seventeen dollars ($217) per semester or one hundred sixty-two dollars and fifty cents ($102.50) per quarter, not to exceed six hundred and fifty dollars ($050) per year. Career development training reimbursement for employees in the Health Services Department shall continue to be governed by the County Administrative Bulletin on_Training which limits such reimbursement to two hundred and seventeen dollars ($217) per semester or one hundred sixty- two dollars and fifty cents ($152.50) per quarter, not to exceed six hundred fifty dollars ($050) per year. Those employees entering the Social Casework Assistant classification by the substitution pattern in the minimum qualifications shall be entitled to direct benefit tuition reimbursement under the County training reimbursement policy. Such employees requesting a leave of absence or permanent part-time positions for the purpose of completing a bachelor's degree shall be given priority consideration by the Department. Effective July 1 , 1990, reimbursement under the above limits for the cast of books for career development shall be allowable. SECTION 28 - MILEAGE Effective May 1 , 1992 the mileage allowance for use of personal vehicles on County business shall be paid SEW 535 R&F - 132 - 1995-99 MOO according to the rates allowed by the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the Internal Revenue Service, whichever is later. SECTION 29 - RESPITE LEAVE WITHOUT PAY All employees represented by Local 535 shall be granted ten (10) days respite leave without pay per fiscal year. Such leave shall be taken in increments of one (1) full day (eight (3) hours) and shall be requested in writing. Conflicting requests for respite leave shall be resolved- by the Department Head or designee with preference given to employees according to their seniority in the department, as reasonably as possible. Any balance in the ten (10) days respite leave which remains at the end of the fiscal year shall not be carried over into the next fiscal year. SECTION 30 - MENTAL HEALTH SCREENING DIFFERENTIAL Employees represented by Social Services Union, Local 535 who work in the Mental Health Screening Unit of County Medical Services shall receive a differential per hour worked at a premium of five percent (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. SEW 535 R&F - 133 - 1995-99 MOU SECTION 31 - CONSERVATORSHIP DIFFERENTIAL The County agrees that any employee in a classification represented by Local 535 who is assigned to a position, the work function of which is in the Conservatorship Program of the Social Service Department, and the work assignment of which requires direct personal working contact on a regular daily basis with court-remanded clientele of the Conservatorship Program, as specified in division 5, Part 1, Chapter 3 of the Welfare & Institutions Code, shall receive a differential per hour worked at a premium of five percent (5%) of the hourly equivalent of the base rate while in pay status including paid vacation, paid sick leave, and paid holidays. SECTION 32 - NOTICE OF NEW EMPLOYEES The County agrees to periodically mail to Social Services Union, Local 535 a list of names, classifications, and the designation of permanent employment category of new employees appointed to classifications represented by Local 535. Said periodic list will be mailed within the first five (5) working days of every month. SECTION 33 - PERSONNEL ACTIONS 33.1 Personnel Files. A. Inspection. Each employee, or an employee's representative so designated by written authorization of the employee, shall have the right to inspect and review the employee's personnel file SEIU 535 R&F - 134 - 1995-99 MOU 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. H. The Department shall maintain only one official personnel file. SEW 535 R&F - 135 - 1995-99 MOU 33.2 counseling. A. Whenever an employee's job performance and/or conduct becomes less than satisfactory, counseling shall be provided by the employee's first level supervisor. Such counseling shall specifically state the unsatisfactory nature of the employee's performance and/or conduct and specific ways in which the employee can bring such performance and/or conduct up to the satisfactory level. B. Said counseling shall be provided as soon as possible after the occurrence of. the less than satisfactory performance and/or conduct. No adverse action shall be taken by the County against any employee unless such counseling has been provided and time for improvement has been given. C. The employee's first level supervisor shall prepare written documentation (including any applicable memos, WIDI's, etc.) of such counseling and provide a copy of the documentation to the employee. D. The foregoing shall not apply to probationary employees or in those cases where immediate disciplinary action is necessary. E. If, after such a counseling session has occurred between a supervisor and employee, the employee requests of the Department Personnel officer a meeting with a Steward/Officer of the Union and SEW 535 R&F - 136 - 1995-99 MOu Department representatives, such a meeting shall be held. This meeting shall be held within fifteen (15) working days. 33.3 Copies. A. The County shall provide the employee with copies of all performance evaluation reports and letters of reprimand or warning or counseling memos prior to the placement of such documents: in the employee's departmental personnel file. B. A counseling memo placed in an employee's departmental personnel file which is not referenced in the employee's subsequent performance eva- luation shall be removed from the employee's departmental personnel file upon the written request of the employee. If an employee is not evaluated when an annual performance is due, the employee may request through the Department Personnel Officer that a performance evaluation be completed. If an employee has not had a performance evaluation within eighteen months subsequent to a counseling memo being placed in the employee's department personnel file, the counseling memo shall be removed from the employee's personnel file, provided that there has not been a subsequent counseling memo on the same subject in that period of time. C. Upon written request of the employee, copies of letters of reprimand or warning shall be sent to the Union. SEW 535 R&F - 137 - 1995-99 Mou ! w . . . • • w ` ! • • ` w # ar w w w # dismissal will be made. However, if at the end of three months, there has been improvement but the employee's performance is still not at a STANDARD level, the employee may be given two {2} additional three-month periods to meet the standards if the supervisor agrees those standards will be reached during this period. The work performance of each employee is to be rated on all of the rating factors on the appropriate form. Each of these factors has been found to be of critical importance in determining successful job performance for employees. Individual rating factors and overall ratings of BELOW STANDARD must be substantiated in the Comments section, as well as suggestions or plans for improved performance in those areas. If some significant aspect of performance is above the level indicated by the factor rating, this may be pointed out by a statement in the Comments section to the employee. The Rater will discuss the report with the employee and provide the employee with a copy at that time if the employee wishes to discuss the report with the Reviewer. In signing the report, the employee is merely acknowledging having seen the report; it does not indicate agreement. DEFINITIONS OF RATINGS: A factor rating of STANDARD means that this part of the employee's work performance is consistently up to the level expected of a competent worker in the position. An overall rating of STANDARD means that the employee's work performance is acceptable and will result, where pertinent, in receipt of salary increment, promotion, or permanent status. SEW 535 R&F - 139 - 1995-99 Mou ♦ .. • � � " i i ' • "' i i ' i 41 "' i � i i "' i ! • i i � "" i �' i � � � "' .. i i • • '" i " • "' i • i .. • '" i i • i i . i E i i �' " i i "` '" i i i '" • i i i ,» i ' i i ii i "' �" • � • ` • IV • ! ! • • i � • Ni i i - 'F . i • i lw • � ' +i IV • . . i i ! 0 fp i ` i • +N � i - - 0 Ask ` • � i � # ' i i .. .. i s'' • � i � � ' •• ! • i w . . • w - . R SECTION 34 - SAFETY PROGRAM Health and safety standards shall be maintained in all County facilities to a maximum degree consistent with the conduct of efficient operations. The Social Service Department shall operate a department- wide employee health and safety program. This program shall consist of: a. A central department Safety Committee comprised of one (1) member appointed by Local 535 from each major building location, one (1) management employee who shall be the Building Manager for that location and other employee organization representatives, and the Department Personnel Officer, or designee. The Department Personnel Officer, or designee, will serve as chairperson. The committee shall meet every six (5) weeps. In the event that the appointed person is not available to chair the meeting on the scheduled date, an alternative chair will be appointed by the Personnel Officer or the meeting will be rescheduled within three (3) weeks unless mutually waived by the Union and the Department. Minutes of each meeting shall be recorded and distributed to each committee member. b. All Committee members will receive training on a) accident/injury reporting procedures, b) accident/injury investigation and prevention, c) safety awareness, and d) procedures by which safety concerns are handled. SEW 535 R&F - 141 - 1995-99 Mou C. Committee recommendations shall be reported to and reviewed by the Department Head. Responses to such recommendations shall be communicated to the Safety Committee at its next regularly scheduled meeting or some other mutually agreeable period. SECTION 35 - FLEXIBLE STAFFING r 35.1 Designated Positions. Certain positions may be designated by the Human Resources Director as flexibly staffed positions. Positions are generally allocated at the first level of the job series when vacated. When the. position is next filled and an incumbent of one of these positions meets the minimum qualifications for the next higher level and has met appropriate competitive requirements he/she may then be promoted to the next higher classification within the job series without need of a classification study. The following job classifications are flexibly staffed: Social Casework Specialist I to Social Casework Specialist II Eligibility Worker I to Eligibility Worker II Eligibility Worker II to Eligibility Work Specialist Open examinations at either level in the above mentioned classifications shall be administered upon the request of the Department Head and approval of the Director of Human Resources. 35.2 Continuous Testing for Flexibly Staffed Classes. Employees in a flexible staffed job series which have been determined by the Director of Human Resources SEIU 535 R F - 142 - 1995-99 MOU _ : _ e e � ■ ■ - � f e e . e : - ° e _ . � ■ ■ ■ � ■ e � ■ e � e - . - � ■ : � � ^ \ _ ® f - - ■ � e . � e ■ � � . - � f f e _ � . _ f f . $ � J � � ■ e � ■ e _ e e _ ■ � # : . e . . $ - e \ � ■ , - e ¥ , ■ _ . , ' ■ ■ e ® � � - � ■ � .fe . - e _ $ $ � � $ � ■ � f $ e - ® ^ e # � # � � - � � � e e ■ - � ew � - e ■ e � e � . . , . e $ 41 eAsk era , _ ■ f . e ® # ■ « ■ tea � � . f � � e . � _ $ ' . ■ � � � . � $ _ � � e _ e e � e e � _ \ ■ ~� � � . e � .■ � _ � .� - ° ' � � f e f � ^ e � � - � e � � � $ e e � � « $ � , � « � _ ■ . f � # ■ � e � e - $ - � � � ° � - , � � f � e e e ~ ■ - ' e « f - � - � � � _ ^ � $ ■ e . � e < e � e � � #f � e � f * e f . � - � ■ � e � ` e $ � ■ . - � : e _ � f e » f � e � e $ - - - ■ e f - � � e � � - - $ - � : a ■ . ■ $ $ � # � � e e � - - e # - .# � � � ` � t a Im $ - $ _ � f � e � � - � � . ■ ^ ■ e � ■ : . . � $ ? $ . . - - Jim ■ e ' . f . ■ e e . ■ . ■ , e ■ , e e e e . e e . � f . � _ $ � , � . * ■ _ � . � - � � # � � � � � - � ■ � � � � # - e � ■ - � # . � - $ f e � � - e $ ® # $ e ■ « . . � , - � � e � � - # e � - � � ■ e � � » ■ $ � � # . . � - e ® . ® � - « ' ® � � - ® - e � ` e $ f - . � ■ f e _ � ■ e � 2 - ■ e � ~ � ' ■ , � f � a � � � � # � � ■ � # e ■ � : ± � e � e � If an operating department verifies in writing the intent to promote an employee on the first of the month following eligibility, said appointment shall be made retroactive to the first of the month following his/her eligibility. SECTION 36 - CAREER LADDER The County agrees to the concept of a career ladder which will enhance the opportunities for employees to attain positions in other classification series. For this purpose, the following classes are considered to be those classes representing such promotional opportunities: Eligibility Work Specialist, Social Service Program Assistant, Social Casework Assistant. The County shall amend the Welfare Fraud Classification as follows: a. By reclassifying Social Service Welfare Fraud Investigators doing Early Fraud to "Social Service Welfare Fraud Field Investigators." b. Welfare Fraud Field Investigators shall have the option of carrying pepper spray. C. Social Service Welfare Fraud Investigators shall receive the same rate of pay as Social Service Welfare Fraud Field Investigators. SEW 535 R&F - 144 - 1995-99 MOU $ � � � • � � " $ » ' . $ � � $ - @ � ■ ■ � . � ■ �$ . $ 2 � - - » � - � - � � � - - . f � : . , . . � . � * f 2 � e � _ e _ � e e � � . e $ - � : � # � e � e _ - � . $ � \ , $ © _ ^ ^ � � f � : � � ^ � - � � e 2 $ . e <f - � � - . ® � � _ � ■ e � _ . f . f � �� ■ _ , � e � � � ee > ff . - � , � \ _ ■ � � f - � � e . . e ® . ■ f � - e _ e , ■ � f ■ < # � $ ems . a el ■ � e f $ fe , � - �» � - e ■ - � � e of . � e $ f f � � $ �$ : e � � , ■ $ � � - � _ ■ � e ■ � _ � .- � � � � � ■ � � � ■ � � e _ e � ■ f � e ° � . � , . �e $ _ � � - � � _ e $ * e - � f e � ? e . @ - � ■� - ® & \ - ® � ® . . - ' # � - f � � e � - � � ® « ' � � � ■ - f ' ■ 2 ■ _ - - � e . � � . ® 3 - � . e � � � � ' ' _ # � . � . - - . . e , ■ � � e � . f ■ � e � . .# < � � � f � e . � � e , e ■ ` , $ � � $ , e \ . � � ■ e $ - $ � e _ - � , � e e e ^ � a $ � � $ - ■ � � � e � ■ .� e � fe _ � � � % e $ ! _ � . � . ■ ■ ' � � . ._ e ' � - t � � $ � : � � - e e � - $ �' .# � $ ^ � 2 a � � e � � ; . ¥ , « 2 � ■ - T � 2 : � \ - f� ■ � $ - ■ . _ # e � � + tee - f - - � . e ~. \ e e ■ ® fie f - e � � fe 2 - � � � e � � # # - � # e � . , e � 2 � e � - � �f $ te + � � f � , e ~ _ , ■ � � ._ � ■ e $ . '■ � f $ - e � , . e � � � e . $ � � ® ' $ e � , e � - � � , e , � � e � - ` � 2 _ � ■ - - � ■ . f $ _ . � � f # a � . � _ ■ . . - e � f - _ � _ . ■ \ � « $ � - f ® < ® � � e � 2 : . . . . � / � § � � e � � # � � � �■ � \ - � e � � � ° f � e � - � - , . t : � � - % . � � � - e \ e : � » . � f $ ■ - ee � � � e * � e e . � � $ agreement shall be brought for consideration to the Labor- Management Team, after first being addressed in the respective Program Committee(s), if applicable. The Labor- Management Team will review the matter at the next scheduled meeting and will endeavor to reach consensus and make a determination by its next regularly scheduled meeting. If the committee is unable to reach a consensus as to a proposed workload adjustment, the matter will be referred to the Director for decision. The Union may then request a special meeting with the Director to be held within seven (7) working days of the last workload meeting in order to directly provide input related to a workload adjustment. The currently implemented Work Croup Reports shall continue unless modified by consensus of the Labor- Management Team. Either party may request a discussion on modifications or elimination of the Work Croup Reports no earlier than three months after the signing of this agreement. 37.4 Program._ Committees. It will be the ongoing expectation and process that program specific issues shall in most cases be first addressed in a timely manner in the respective Program Committee(s) before becoming a topic for discussion in the Labor-Management Team. Topics for discussion in Program Committees include potential program/regulation changes, information regarding new procedures, forms, and other factors or changes in procedures which may have an impact on workload. If the Program Committee does not reach resolution acceptable to the parties within forty-five (45) days, the appropriate Assistant Director shall have twenty (20) days to resolve the matter. wiling resolution, either party may submit such matters to the Labor-Management Team. SEW 535 'R&F - 146 - 1995-99 MOU Program Committees shall meet monthly, unless a meeting is waived by the Director or his/her designee, and written minutes shall be furnished to the Labor-Management Team members on a timely basis. Such minutes should clearly identify issues and program committee actions. Program Committees will work within the appropriate chain of command in managing committee work and agendas expeditiously. 37.5 Meeting Minutes. Summary minutes shall be kept for each Program Committee and Labor-Management Team meeting and shall be distributed to all committee members prior to the next meeting. These minutes shall be posted in each Social Service Department building by the Department. 37.5 Workload Streamlining. The Union shall quarterly identify functions, procedures, and processes which it believes are unnecessary, and that should be discontinued as a means of streamlining workload. If the items identified are County mandated only, the Department has sixty (00) days to respond by discontinuing the process or provide the reasoning for continuing them. If the items identified are State or Federally mandated, and the Department considers it feasible that they be discontinued, the Department will request appropriate waivers. If the Department does not believe the change or d waiver is feasible, it will provide the reasoning for continuing. Upon receipt of the requested waiver approvals, the process shall be discontinued. 37.7 Maintenance of Positions. The Social Service Department will make all reasonable efforts to keep filled all SEW 535 R&F - 147 - 1995-99 MOU budgeted and authorized positions and to the extent passible, will attempt to maximize the use of permanent employees. SECTION 38 - STAFFING ALLOCATIONS & REASSIGNMENTS On the basis of the monthly staffing/workload distribution review, per Section 37, the Department shall initiate reassignments of staff. The following procedure shall be used: a. Internal moves within a building shall be made at the discretion of the Division Head within five (5) days following publication and Union receipt of Department staff and caseload allocations. In determining moves of employees within an office, managers will solicit volunteers; if no volunteers respond, the employee with the least series seniority within the unit/area identified will be moved. b. Authorized staffing levels shall be published on a monthly basis. After any internal moves in a building have been made in accordance with Step 1 , further vacant authorized positions in buildings shall be alternately bid to the appropriate class in all offices for a four-day period or certed from the appropriate Eligible List. C. Employees responding to bids shall respond to the Department personnel Unit, and must confirm any SEW 535 R&F - 148 - 1995-99111 ou verbal response in writing; written confirmation must be received by 5:00 p.m. on the day the bid closes for the employee to be considered in determining the five (5) most senior employees in the class. d. With respect to responding to bids for the Welfare Fraud Investigator class or Welfare Fraud Field Investigator class, the bidding will be restricted to employees in one of the two above classes. e. If the Department is at authorized staffing and there are no responses to the posted bid notice, the least senior employee within the class, within the building having staff overage(s) of at least one (1) FTE shall be reassigned within two (2) weeks of the closing of the bid. If the Department is below the authorized staffing level and there are no responses to the posted bid notice, the Department will cert from the appropriate Eligible List. f. Authorized vacancies resulting from the bid process shall automatically be certed from an appropriate eligible list. g. Persons involuntarily reassigned shall be given the opportunity to return to their former building when the first vacancy occurs in the building from which the employee was involuntarily transferred provided however, if an employee voluntarily transfers after such involuntary transfer that employee shall lase such reversionary rights. h. Positions flagged as needing a language skill or special qualifications shall be identified on bids. SEW 535 R&F - 149 - 1995-99 MOU Only employees having such skill or meeting such qualifications shall be accepted for bid interviews or for mandatary reassignments as provided in this section. 1. Specially funded assignments or assignments of limited duration shall not be subject to procedures in this Section. j. Reassignments shall not be used as a replacement for discipline. Employees on probation or in an Improvement Needed Review status shall not be reassigned. An employee who is reassigned out-of-seniority-order shall be offered .-the first vacancy to be filled in the class and building from which the employee was mandatorily reassigned. At the next quarterly staffing review an employee mandatorily reassigned out-of-seniority-order shall be given first opportunity for reassignment as provided in 37.2 or 37.3 whichever is applicable; or if no staffing imbalances exist, the most senior employee shall be offered the opportunity to exchange positions provided the least senior employee is no longer on probation or Improvement Needed Review status. k. In each classification, series seniority for reassignment purposes shall be determined by date of hire into that series as defined below: Eligibility Series: Eligibility Worker 1, Eligibility Worker 11, Eligibility Work Specialist. Social Work Series: Social Program Assistant, Social Worker 11, Social Worker 111, Vocational SEIU 535 R&F - 150 - 1995.99 Mou Counselor (classes which have been abandoned but were a part of the Social Worker or Vocational Counselor series shall be included for the purpose of determining series seniority). Casework Specialist Series: Social Casework Assistant, Social Casework Specialist 1, Social Casework Specialist I1. Welfare Fraud Field Investigator Series: Social Service Welfare Fraud Field Investigator and Social Service Senior Welfare Fraud Field Investigator. SECTION 39 - REIMBURSEMENT FOR MEAL EXPENSES Employees shall be reimbursed for meal expenses under the following circumstances and in the amount specified: a. When the employee is required by his/her Department Head to attend a meeting concerning County business or County affairs. b. When the employee is required to be out of his/her regular or normal work area during a meal hour because of a particular work assignment. C. When the employee is required to stay over to attend consecutive or continuing afternoon and night sessions of a board or commission. d. When the employee is required to incur expenses as host for official guests of the County, work as SEW 535 R&F - 151 - 1995-99 MOU members of examining boards, official visitors, and speakers or honored guests at banquets or ether official functions. e. When the employee is required to work three (3) 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 twenty-four (24) hour institutions. Procedures and definitions relative to reimbursement for meal expenses shall be in accordance with the Administrative Bulletin on Expense Reimbursement. SECTION 40 - PERSONAL PROPERTY REIMBURSEMENT The loss or damage to personal property of employees is subject to reimbursement under the following conditions: a. The loss or damage must result from an event which is not normally encountered or anticipated on the job and which is not subject to the control of the employee. b. Ordinary wear and tear of personal property used on the job is not compensated. SEIu 535 R&F , - 152 - 1995-99 Mou C. Employee tools or equipment provided without the express approval of the department head and automobiles are excluded from reimbursement. d. The loss or damage must have occurred in the line of duty. e. The loss or damage was not a result of negligence or lack of proper care by the employee. f. The personal property was necessarily worn or carried by the employee in order to adequately fulfill the duties and requirements of the job. g. The loss or damage to employees eyeglasses, dentures, or other prosthetic devices did not occur simultaneously with a job connected injury covered by workers" compensation. h. The amount of reimbursement shall be limited to the actual cost to repair damages. reimbursement for items damaged beyond repair shall be limited to the actual value of the item at the time of loss or damage but not more than the original cost. 1. The burden of proof of loss rests with the employee. j. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation for Loss or Damage to Personal Property. SEW 535 R&F - 153 - 1995-99 MOU SECTION 41 - LENGTH OF SERVICE DEFINITION (for service awards and vacation accruals) The length of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary, provisional, and permanent status, and absences on approved leave of absence). When an employee separates from a permanent position in good standing and within two years is reemployed in a permanent County position, or is reemployed in a permanent County position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation. The_ Human Resources Director shall determine these matters based on the employee status records in his/her department. SECTION 42 - SERVICE AWARDS The County shall continue its present policy with respect to service awards including time off; provided, however, that the type of award given shall be at the sole discretion of the County. The following procedures shall apply with respect to service awards: Presentation Before the Board of Supervisors An employee with twenty (20) or more years of service may go before the Board of Supervisors to receive his/her Service Award. When requested by a department, the Human Resources Department will make arrangements for the presentation ceremony before the Board of Supervisors SEW 535 R&F - 154 - 1995-99 Mou and notify the department as to the time and date of the Beard meeting. Service Award tray off. Employees with fifteen (15) or more years of service are entitled to take the day off with pay at each five (5) year anniversary. SECTION 4 - PERMANENT PART-TIME EMPLOYEE BENEFITS Permanent part-time employees receive prorated vacation and sick leave benefits. They are eligible for health, dental and fife insurance benefits at corresponding premium rates providing they work at least fifty (50) percent of full time. if the employee works at least fifty (50) percent of full time, County retirement participation is also included. SECTION 44 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. SECTION 45 - PERMANENT-INTERMITTENT HEALTH PLAN A permanent-intermittent employee may participate in the County Group Health Plan Program wholly at the employee's expense. The employee will be responsible for paying the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic ►EW 535 R&F - 155 - 1995-99 MOU 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 employees, who are not permanent employees of the County immediately prior to their provisional appointment, are eligible for vacation and sick leave benefits. Said provisional employees may participate in the County Group Health Plan Program wholly at the employee's expense. The County will not contribute to the employee's monthly premium. The employee will be responsible for paying the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and immediate withdrawal from the County Group Health Plan Program and reinstatement may only be effectuated during the annual open enrollment period. SECTION 47 - INDEMNIFICATION ANIS DEFENSE OF COUNTY EMPLOYEES The County shall defend and indemnify an employee against any claim or action against the employee on account of an act or omission in the scope of the employee's employment with the County in accordance with, and subject to, the provisions of California Government Code Sections 825 et seq and 995 et seq. SEW 535 R&F - 156 - 1995-99 MOU �r one hundred and twenty (120) days prior to the expiration of the MCU in effect. SECTION 49 - UNFAIR LABOR PRACTICE Either the County or the Union may file an unfair labor practice as defined in Board of Supervisor's Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties within thirty (30) work days from the date of receipt, may be heard and decided by a mutually agreed upon impartial third party. 49.1 Filing. Either the County or the Union may file an unfair labor practice against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties, may be heard by a mutually agreed upon impar- tial third party. 49.2 Unfair Labor Practice - Counter. It is an unfair labor practice for the County to: a. Interfere with, restrain or coerce employees in the exercise of the rights recognized or granted in this division; b. dominate or interfere with the formation of any employee organization or interfere with selection of a majority representative; C. contribute financial support to any employee organization; or SEW 535 R&F - 158 - 1995-99 MOU d. refuse to meet and confer in good faith (with representatives of formally organized employee organizations on matters within the scope of representation), or to refuse to consult with informally recognized employee organizations on matters within the scope of representation. 49.3 Unfair Labor Practice - Union. It is an unfair labor practice for the Union or their representatives or members to: a. Interfere with, restrain or coerce employees in the !exercise of the rights recognized or granted in this division; b. coerce, attempt to coerce or discipline any member of an organization so as to hinder or impede the performance of his duties; C. discriminate against any employee with regard to the terms or conditions of membership because of race, color, creed, sex or national origin; d. refuse to consult, or meet and confer in good faith, with management representatives on matters within the scope of representation; or e. initiate, engage in, cause, instigate, encourage or condone a work stoppage of any kind or other disruptive activities which are detrimental to the conduct of county business and services. SEW 5351 &1= - 159 - 1995-99 MOU SECTION 50 - REPRESENTATION OF TEMPORARY EMPLOYEES 50.1 Recognition. Social Services Union, Local 535 is the formally recognized employee organization for temporary employees, not including emergency appointments and retiree temporary appointments, who are employed by Contra Costa County in those classifications covered by the MOU between Social Services Union, Local 535 and Contra Costa County. 50.2 Emergency Appointments. Emergency appointments as defined in Section 809 of the Personnel Management Regulations, and retiree temporary appointments as provided for in government Code, Section 31680.2, are not covered by this MOU. :50.3 Agency Shop. A. The Union agrees that it has a duty to provide fair and nondiscriminatory representation to all employees in all classes in the units for which this section is applicable regardless of whether they are members of the Union. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1 . Become and remain a member of the Union or; SEW 535 R&F - 160 - 1995-99 MOU . pay to the Union, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MCU. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. do both of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment, and b. pay a sum equal to the agency shop fee to a non-religious, non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, child Abuse Prevention Council and Battered Women's Alternative. C. The Union shall provide the county with a copy of the Union's Hudson Procedure for the determination and protest of its agency shop fees. The Union shall provide a copy of said Hudson Procedure to every fee payor covered by this MCU SEW 535 R&F - 161 - 1995-99 IV OU within one ( 1) month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by a fee payor to invoke the Union's Hudson Procedure within one month (1) after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee. 50.4 A encs hopDeductions. A. Temporary employees hired into a job class represented by Social Services Union, Local 535 shall be provided through the County_ Human Resources Department with an Employee Authorization For Payroll Deduction card. S. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision, and the Union dues, agency shop fee, or charitable contribution required under Section 2 of this Letter of Understanding are not received, the Union may in writing direct that the County withhold the agency shop fee from the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Union. C. The Union shall indemnify, defend and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this Agency Shop Section, or action taken or not SEW 535 R&F - 162 - 1995-99 MOU taken by the County under this Section. This includes, but is not limited to, the County's attorney fees and casts. The provisions of this section shall not be subject to the grievance procedure. D. The authorization of payroll deductions requires the employee to agree to hold the County harmless from all claims, demands, suits or other forms of liability that may arise against the county for or on account of any deduction made from the wages of such employee. 50.5 SaI tom. A. Temporary Hourly bates. For all classifications represented by the Union, the hourly rate paid temporary employees shall be the 1 .00 hourly rate calculated on the salary schedule by dividing the unrounded monthly salary at any step by 173.33. B. New Employees. Except as otherwise permitted in deep class resolutions, temporary employees shall generally be appointed at the minimum step of the salary range established for the particular class to which the appointment is made. However, the Director of Human Resources may authorize an appointing authority to make a particular temporary appointment at a step above the minimum of the range. 50.5 Salar Increments Within Ranee. A. Increment Eligibility and alary Review. All temporary employees shall accumulate a record of SEW 535 R&F - 163 - 1995-99 MOU straight time hours worked for the purpose of a salary review to determine whether the employee shall be advanced to the next higher step, or other step as specified by deep class resolutions, in the salary range for the classification. Advancement to a higher step shall be granted only on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend granting the salary increment or unconditional denial of the increment. B. Frequency of Increments. Increments within range shall not be granted more frequently than.once per every 2080 straight time hours worked by a temporary employee. C. Effective Date. Step increases resulting from an approved salary review shall be effective the first of the month following completion of 2080 straight time hours worked and return of the salary review report to the Human Resources Department. D. New Employees. Temporary employees hired at Step 1 of the salary range for their classification will be eligible for a salary review after completion of 1040 straight time hours worked; additional salary reviews will be after the cumulation of an additional 2080 straight time hours. E. No provision of this section shall be construed to make the granting of salary increments mandatory in the county. ESU 5351 &F - 164 - 1995-99 MOU 501.7 Paid Time cuff. A. Temporary employees shall accumulate a record of straight time hours worked. B. Based upon the accumulation of straight time hours recorded effective the first of the month following completion of each 2080 straight time hours worked, the temporary employee shall be credited with forty (40) hours of paid time off. Forty (40) hours paid time off credit is the maximum amount an employee may have at any time. C. Use. Paid time off (PTO) shall not be taken until credited after completion of 2080 straight time hours worked. PTO shall be taken by an employee only with the approval of his/her supervisor. D. Paid Off at Separation. If a temporary employee terminates his/her County employment (separates from County service), the employee shall be paid all currently credited PTO hours and, in addition, shall be paid off for that portion of PTO hours earned but not yet credited on the basis of that portion of the 2080 straight time hours worked (STHW) cumulation. The formula for the earned but not credited payoff is: STHW divided by 2080 multiplied by 40 multiplied by the current hourly pay rate at separation. B. Appointment to a Permanent Position. If a temporary employee is appointed to a permanent position, the credited PTO hours and the earned but not yet credited PTO hours, shall be converted SEW 535 R&1= - 165 - 1995-99 Mou to vacation hours and subject to the MCU provi- sion relating to vacation. 50.8 Provisional Employees. Social Services Union, Local 535 is the formally recognized employee organization for all provisional employees appointed by the County from outside County service in classifications covered by the MCU between the County and the Union. provisional employees are covered by the agency shop provisions of the MCU applicable to permanent employees, with the exception that provisional employees shall not be required to pay any initiation fee or special assessment fee. 50.9 grievance Procedure. Temporary and provisional employees covered by this Section may grieve only alleged violations of the specific terms and conditions specified in Section 50. 50.10 Positions. Subject to the approval and establishment of permanent positions by the Board of Supervisors, if necessary, temporary employees represented by Local 535 who have worked not less than 5,000 hours in temporary employee status between January 11 1991 and July 1 , 1335 inclusive, shall be offered an appointment to such positions, subject to qualification under the Personnel Management Regulations, in the classification and department in which they currently work. Such employees shall have the option of either remaining in temporary status (not to exceed 1000 hours in a fiscal year) or being appointed to a Permanent-Intermittent, Permanent Dart-time, or Permanent Full-time position. The formula to be used to calculate the position type (full-time, part-time) for each employee who elects appointment to a permanent position is the employee's total number of temporary hours ESU 535 R&F - 156 - 1995-99 MOU worked on or after January 1 , 1991 divided by the total number of months of service in which those temporary hours were worked. Additionally, the County agrees to meet and confer with Local 535 concerning the future use of represented temporary employees. SECTION 51 - DEPENDENT CARE A. Dependent Care Information & Deferral Service The county will administer an "Information & Referral Service" through the Contra Costa Child Care Council for the duration of this MOO. E. Dependent Care Salary Contribution Subject to the applicable provisions of the Internal Revenue Service, employees may contribute up to $5,000 each calendar year from their salaries for approved dependent care; only eligible employees may contribute for such expenses; there is no County contribution for dependent care. Reimbursements are made on a monthly basis subject to submission of itemized statements, adequate accumulation of the salary contribution, proof of payment, and applicable County administrative procedures. SEW 535 R&F - 167 - 1995-99 MOO SECTION 52 - SPECIAL STUDIES & OTHER ACTIONS 52.1 Differentials. The County and the Labor Coalition agree to establish a Labor/Management Committee comprised of five (5) Labor and five (5) Management employees to study and recommend actions necessary to standardize payment and application of differentials including, but not limited to, proration for less than full-time employees; the length of payment while on paid sick leave or disability; and consistency between percent-based vs flat-payment differentials. 52.2 Si-Weekly Pay Periods. The County shall present to the Labor Coalition a comprehensive proposal for replacement of the current system of monthly pay with a bi-weekly (every other week) pay system. The Labor Coalition agrees to commence meet and confer on those elements in the proposed bi- weekly payroll system which are within the scope of bargaining and/or on the impact of replacing the current monthly pay system with a bi-weekly system. Any implementation of a bi-weekly pay system must be by mutual agreement of the parties. Meet and confer on bi-weekly pay may also include as applicable discussion on (1) the proration of vacation and sick leave accruals for permanent part-time employees and (2) discontinuing the payroll practice of applying a factor of 1 .05 when computing the base pay hourly equivalent for full- SEW 535 R&F - 168 - 1995-99 MOU time and part-time permanent employees for the purpose of compensating shift differential, hazard pay, straight-time overtime and straight-time holiday pay. However, these discussions will not be contingent upon any agreement reached regarding bi-weekly pay. 52.3 Grievance Procedure. Representatives of the County shall meet and confer with representatives of the Labor coalition in order to develop rules and guidelines governing the conduct and administration of Adjustment Boards. SECTION 53 - ADOPTION The provisions of this MOU shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. SECTION 54 , COPE OF AGREEMENT AND SEPARABILITY OF PROVISION 54.1 Scope ofAgreement. Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the SEW 535 R&F - 169 - 1995-99 Mou parties in any and all matters subject to meet and confer. Neither party shall, during the term of this MOU demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. 54.E 5eparability of Provisions. Should any section, clause or provision of this MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. 54.3 Personnel Management Regulations. Where a specific provision contained in a section of this MOU conflicts with a specific provision contained in a section of the Personnel Management Regulations, the provision of this MOU shall prevail. It is recognized, however, that certain provisions of the Personnel Management Regulations may be supplementary to the provisions of this MOU and as such remain in full force and effect. SEW 535 R&F - 170 - 1995-99 MOU Date: 1997 CONTRA COSTA COUNTY SEW LOCAL 535 RANK & FILE UNIT 4A, L 7 SEW 535 R&F - 171 - 1995-99 MOU ATTACHMENTS A - PROJECT POSITIONS B - CLASS & SALARY LISTING C - SIDE LETTER RE MQ'S FOR SOCIAL SERVICE PROGRAM ASSISTANT, SOCIAL WORKER AND VOCATIONAL COUNSELOR D - SIDE LETTER RE NOTIFICATION OF PROGRAM CHANGES TO WORKLOAD COMMITTEE ATTACHMENT A PROJECT POSITIONS Social Services Union, Local 535 and the County have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for employees in project classes which except for the project designation would be represented by Social Services Union, Local 535. For example, Social Program Planner I is represented by Social Services Union, Local 535, therefore, it has been agreed that Social Program Planner 1-Project will also be represented by Social Services Union, Local 535. Other project classes that are not readily identifiable as properly included in bargaining units represented by Social Services Union, Local 535, shall be assigned to bargaining units in accordance with the provisions of Section 34-12.015 of Board Resolution No. 81 /1165. The Union and the County understand that the meet and confer process with respect to the conditions of employment for project classifications is unique and therefore differs from other regular classes represented by Social Services Union, Local 535 in the following respects. 1 . Project employees are not covered by the Merit System. 2. Project employees may be separated from service at any time without regard to the provisions of this Memorandum of Understanding, without right of appeal or hearing or recourse to the grievance procedure specified herein. 3. Any provision of this Memorandum of Understanding which pertains to layoff or seniority are not applicable to project employees. ATTACHMENT B SOCIAL SERVICES UNION, LOCAL 535 RANK & FILE UNIT SALARIES - JULY 1. 1996 COMMUNITY AIDE UNIT Cles Class Title Sala�ry,Range XDWC Sr. Programs Aide $1773 - 2156 SOCIAL SERVICES UNIT Class Class Title Salarf Range XOWC Adult Svcs. Liaison Spec. $3176 - 3860 XDWB Childrens' Services Aide $1849 - 2248 XHWA Eligibility Worker 1 $1979 - 2406 XHVA Eligibility Worker 11 $2300 - 2795 XHTB Eligibility Worker Spec. $2501 - 3040 X4WB Medical Social Worker l $3003 - 3650 X4VH Medical Social Worker 11 $3440 - 4182 X4WA P.H. Social Worker $3276 - 3982 XOWB Soc. Casework Spec. 1 $3176 - 3860 XOVB Soc. Casework Spec. 11 $3426 - 4165 X7WB SS Empl. PlacementC:ouns. $2906 - 3532 XOSA SS Program Assistant $2627 - 3193 XLSE SS Sr. Welfare Fraud Inv. $3201 - 3891 XLSD SS Welfare Fraud Inv. $2725 - 3313 XOVC Social Worker $3000 - 3646 ATTACHMENT C Centra Personnel Department �Sta Third Floor, Administration Bldg. 651 Pine Street unt`J, Martinez, California 94553.1292 � (415) 372.4064 Harry D. Cisterman Director of Personnel January 31, 1985 Peaslee, President Social Services Union, Local 535 %Social Service Department Dear Peaslee: This side letter confirms agreement reached during the bargaining process on minimum qualifications for Social Service Program Assistant, Social Worker and Vocational Counselor. The minimum requirements for these classes will be: 1. Social Service Program Assistant - First administration only: License Required: Valid California Motor Vehicle Operator' s License. Experience: Six months fulltime experience as a Social Worker Trainee or Social Worker in Contra Costa County. Subsequent administrations: License Required: Valid California Motor Vehicle Operator's License. Education: Completion of 50 semester units or 90 quarter units at an accredited college or university which included at least 12 semester or 18 quarter units in Psychology, Sociology, Social Welfare, or a closely related field. Experience: Either 1) one year of fuiltime experience or its equivalent in a position in a California County .with responsibility for public assistance eligibility deter- mination or the processing of documents relative to either. the placement of children or social service case compliance; or 2) one year of fuiltime experience or its equivalent as an Eligibility Worker 11 or a Children' s Services Clerical Specialist with Contra Costa County. Substitution: Additional qualifying experience may be substituted for the required education on a year-for-year basis up to a maximum of two years. !Pmea INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER 2. Vocational Counselor Minimum ualifications: Valid California Motor Vehicle Operator's License. Education: Possession of a baccalaureate degree from an accredited college or university with a major in psycho- logy, sociology, social welfare, vocational or rehabili-, Cation counseling or a closely related field. Experience: Either 1) One year of fulltime experience or its equivalent in vocational counseling, job solicitation or job placement, with responsibility for the evaluation and adjustment of employment related problems of youth or adults; or 2) one year of fulltime experience or its equivalent as a Social Service Program Assistant with Contra Costa County. Substitution for Education: Additional qualifying experience may be substituted for the required education on a year-for-year basis up to a maximum of two years. Substitution for Academic Major: Six months of addi- tional qualifying experience may be substituted for the required academic major. 3. Social Worker Minimum Qualifications: License: Valid California Motor Vehicle Operator' s License. Education: Possession of a Baccalaureate Degree from an accredited college or university with a major in psycho- logy, sociology, social welfare or a closely related field. Experience: Either 1) one year of fulltime experience or its equivalent as a social worker in a human services agency which included responsibility for case assessment, development of treatment plans, liaison work with other service agencies and/or problem resolution related to case management functions; or 2) one year of fulltime experience or its equivalent as a Social Service Program Assistant with Contra Costa County. Substitution for Education: Additional qualifying experience or experience as an Eligibility Worker 11 or as a Children' s Services Clerical Specialist with Contra Costa County or in an equivalent position in another Human Services Agency may be substituted for the required education on a year-for-year basis up to a maximum of two years. x -3- 4. -3-4. The Social Casework Specialist I exam shall be given as both Open and Promotional . The Director of Personnel 's authority under PMR 705 to determine a different order of certification priority shall be used to alternately appoint from the Open or the promotional list for Social Casework Specialist I for those positions the Social Service Department determines to fill at the Social Casework Specialist I level . If the foregoing is in accordance with your understanding, please indicate your acceptance and approval in the space provided below. Date: Social Service Union, Local 535 S.E.M. Contra Costa County 8 gY / Socia! Service Department contra a ATTACHMENT D Please reply to: James A.Rydingsword ( }GL 2401 Stanwell Drive,#20a Costa( P.O.Box 5488 tlirecf°r Concord,California 94524 County �7} September 28, 1989 Randy Johnese Social Service Union, SESU, Local 535 661 27th Street Oakland, CA 94612 Dear Mr. Johnese, confirming our agreement regarding notification of program changes to the Workload Committee, the Social Service Department shall provide to the Workload Committee, prior to a decision on implementation, draft material or ether suitable notice of major new programs, significant changes to existing programs or significant operational changes. If the foregoing conforms with your understanding, please indicate your acceptance and approval in the space provided bp.low. Dated APPRQ D & ACCEPTED Contra Costa County By By disk 18 jcwp workload.mem EXHIBITS (INFORMATION/REFERENCE ONLY) A. SEPTEMBER 27, 1989 LETTER RE WORKLOAD B. OCTOBER 3, 1989 LETTER RE RECOGNITION OF PART-TIME & FULL TIME EMPLOYEES' SENIORITY FOR LAYOFFS C. HEALTH CARE COALITION SETTLEMENT AGREEMENT D. WAGE & HEALTH PLAN ADJUSTMENTS E. SUPPLEMENTAL PAY EQUITY AGREEMENT F. CELLULAR PHONES SIDE LETTER G. SSWFI & SSWFFI ALTERNATE CERTIFICATION SIDE LETTER H. AIR FILTERS MEMO FROM JOHN CULLEN vfG11 HCl td1l..G Vt:PCiI tl i iCl It ��`,/o'���a��`rr�a EXHIBIT A "wase reply to. Costa a 2401 OX 546Stanwell Drive.0200 dames A.pyd+nssword PO.Box Sd88 aunty Concord.caliiprnia ¢4$2d . September 27, 1989 Randy Johnese, Field Representative Social Service Union, Local 535 +661 -- 27th Street Oakland, CA 94612 Dear Mr. Johnese: During the recently concluded meet and confer sessions, a considerable amount of time and effort was devoted to the issue of workload. As a result of those discussions, the Social Service Department and County agreed to address this issue in the following major areas: 1 . Legislative: The department will work with your organization and lobbyist to coordinate legislative strategies with respect to State funding criteria and process for all Department programs. 2. Workload Committee -- The Department is prepared to continue working with the Workload Committee in the same manner as presently operating with defined response times from the Director and Executive Team. 3. MQdificati.gn of Income Maintenance: by 3-1-90 . Flexible staffing of Ew Specialists who will maintain caseloads above the State guidelines. At such time as all work items in this subsection and recommendations are implemented, Section 34.1 will be amended to include the El:.gibi ity Werk Specialist classification. . Expansion of EW Specialists in Field Units whose duties shall include, but not be limited to, assignments of uncovered caseloads, backlogs in intake, technical training, and lead work in field units. . Specialized Intake . Program Work Group staffed with 2 union representatives, two management representatives, and a supervisor or program resource person as needed. i5 . caseload projection hiring to anticipate projected cyclical surges ,in .caseload growth . Expansion of Training Unit - to possibly include establishing a second training unit 4. Child Welfare Sere;ces Programs fi St�ffi_nc; The Department will continue to make every effort to achieve maximum staffing levels within applicable state cost control allocations. . Recruitment of CWS staff will be a Department priority; continuous testing will remain in place for exams for CWS classes. . A Priority Work Group will make recommendations regarding the streamlining of work and prioritization when certain conditions exist. Recommendations will be implemented by 3-1-90. The committee will be structured as described above for IM. . Conduct a ,study for a Childrens' Services Lead Worker. 5. adult services, { . A Priority Work Group will be established to include discussion of revenue, establishing task priorities, and standardization/equalization of work. Implementation will be by 3-1-90. 6. protected Timg The Program Work Groups will also consider whether establishing or modifying existing protected time will result in greater workload efficiencies and enhance service to clients. The recommendations of each Program Work Group will be made to the Director, whose decision concerning implementation will be final. Further discussion of ongoing issues arising from this process may be held in the Workload Committee. I and my staff look forward to working with our employees and your organization to accomplish meaningful implementation of these matters. sincerely amen d, Director Disk 17 jcwp Workload.dit j EXHIBIT C CONTRA COSTA COUNTY HEALTH CARE COALITION NEGOTIATIONS JANUARY 28, 1992 SETTLEMENT AGREEMENT HEALTH & DENTAL SUBVENTION ONLY 1, SUBVENTION FOR 1591-1992 CCHP: County will contribute $10 single and $26 family for premium increases; employees will continue to pay $.01. Dental only coverage at $.01. 1st Choice, Raiser & Dental: County will contribute 77% toward health and dental premiums with plan changes indicated below. County subvention for Safeguard B to be the same level as for Safeguard A not to exceed total premium of Safeguard B. 2. PLAIN CHANGES FOR 1991-1992 (All effective 1st of month following open enrollment) Kaiser: $3 co-pay on Rx and include COB. County agrees to add maintenance drug program within 60 days of its availability. 1st Choice (PPO pays . 100%; non-PPO pays @ 80% of UCR after annual $200 deductible.) • Add office visit coverage for routine pap test. • Add diabetic training to $300 lifetime limit. • Add injectable drugs to Rx program with 50% co-pay. • Cap physical therapy visits at 50 visits per calendar year. • Change Pharmacy drug program from $2 generic, $8 brand name to $2 generic, $5 brand name - no exceptions. • Add $25 co-pay for a non-PPO Emergency Room physician if services provided at a PPC} hospital; balance of bill paid by health plan (no further exceptions as under current plan) .* County will continue current practice of negotiating non-PPO provider billings for services provided at PPO hospital. • Add $25 co-pay for a non-PPO Radiologist if services are performed at a PPO hospital; balance of bill paid by health plan (no further exceptions as under current plan), Second opinion provisions remain unchanged.* • Biannual routine eye examinations for corrective lenses only with $10 co-pay. Annual eye examinations for children to age 18 and adults over 40 with $10 co-pay. Dental Plan Continue with current dental program and add Safeguard B option beginning with March 1992 open enrollment. Reopen Delta dental plan for redesign in June 1992. County will solicit proposals on prepaid dental plans prior to the end of the MOU period. The Request for Proposal will be made available to all qualified vendors of prepaid dental plans (including Denticare) . _ 2 - 3. REOPENER. FOR HEALTH PLAN REDESIGN Effective June 1, 1992, the County and the Health Care Coalition will reopen meet and confer deliberations on further health plan redesign with the objectives of achieving improved cost control and service to members. 4. SUBVENTION ,FOR 1992-1993 CCHP: County will contribute 98%of premium cost for health and dental plans. Dental only coverage at $.01 . 1st Choice, raiser & Dental: County will contribute 77 toward health and dental premiums. County subvention for Safeguard B to be the same level as for Safeguard A not to exceed total premium of Safeguard B. If a mutually agreeable range of plan redesign options are achieved by the County and the Health Care Coalition as a result of the June 1992 reopener, the County-will contribute an additional 3% not to exceed 80%. 5. WORKERS' COMPENSATION The County will reduce Workers' Compensation for all non-safety employees to 94% of monthly salary for all^claims filed with the employee's department on or after February 10, 1992 and 88% filed on or after January 1, 1993. All savings generated will be used toward offsetting chargeable increases in County subvention of premiums for health and dental plans. If Workers' Compensation becomes taxable, the County agrees to restore the current benefit level (100% of monthly salary) and the parties shall meet and confer with respect to funding the increased cost. *$25 co-pay does not apply to annual$1000 maximum out-of-pocket expense per member (includes $200 deductible) . $25 co-pay is waived after $1000 limit is reached. FOR THE COUNTY: FOR THE HEALTH CARE COALITION: r � 4. , �y , Y. DATE: I�jz DATE: � . copro3.hcc Tentative Agreement Wages & Health Plan Adjustments The County and the members of the Labor Coalition agree to jointly recommend that the Board of Supervisors consider and adopt the following settlement on wages and health plan adjustments for the period October 1, 1993, to September 30, 1995. 1. Wages Effective July 1, 1994, increase salary by 10 levels (1.0045%). Effective January 1, 1995, increase salary by 10 levels(1.0045%). Any net savings achieved by the County from the replacement of the 1st Choice.Health Plan by the QualMed Health Plan for those eligible to a salary increase as provided herein and which is above the cost of the 20 level salary increase shall be added to the 1%salary increase effective January 1, 1995.The California Nurses Association, IAFF Local 1230, and the Union of American Physicians and Dentists are exluded from these wage increases and subvention calculations. The savings shall be computed on a per cap basis as follows: a. The County's "original cost" shall be computed by adding together the gross subvention for each represented employee in 1st Choice for the month of 10-01-93, the sum then increased by 14%. b. The County's "current cost" shall be computed by adding together the gross subven- tions of each represented employee who transferred from 1st Choice to QualMed, for the month 10-}01-94. c. The amount of money to be provided as additional monthly salary increases shall be the "original cost" minus the "current cost" minus the monthly cost of the 20 level wage increases. 2. CoveMges Offered Effective February 1, 1994, the County will offer medical plans including Contra Costa Health Plan(CCHP), Kaiser, QualMed, .Delta Dental, and Safeguard Dental. 3. Health Plan Subvention Effective 211194: CCHP=County share 98% QualMed 1 Kaiser HMO's = County Share 79% QualMed PPC, w County share 77%to October 31, 1994. Delta Dental=Increase annual maximum benefit per member from $1,000 to $1,200. 4. Kaiser Copays Effective February 1, 1994: Kaiser Office Visit= $3.00, Kaiser Drugs $3.00 5. Future OualMed PPO Increases Effective November 1, 1994, the County and Coalition members will equally share(50/50) the amount of any premium increases. 6. health Plan Review Committee The County proposal for a labor/management health plan review committee is accepted. The Committee shall be comprised of five reps of the Coalition and up to five reps of management and shall review changes in rates and benefits and if the committee decides it is advisable to meet with a health plan provider, such contact shall be initiated by the chairperson. 7. Wellness The County proposal on Wellness presented 1/6/94 is accepted and is effective February 1, 1994. 8. Indemnification The County will indemnify all unions in the Coalition in actions brought regarding termination of the lst Choice Health flan. 9. Runout The County agrees to assume all runout costs associated with termination of the l st Choice Health flan. 10. (3nen Enrollment Open Enrollment on a one-time basis shall be January, 1994, through February, 1994, and shall subsequently be in November of each year. Dated: January 13, 1994 For the County. For the Coalitio zf / ,� NEW PAY EQUITY MASTER AGREEMENT __ May 1995 The County and the below listed Employee Organizations which participated in the Pay Equity Study jointly agree to provisions in this new Pay Equity Master Agreement. In executing this agreement, both the County and the participating Employee Organizations (CCCx<AA Local One, AFSCME Locals 2700 and S12, SEW 535, California Nurses Association, Western Council of Engineers and the Appraisers` Association) state their intent that (1) the provisions of the Pay Equity Master Agreement .-Contained herein shall stand separate from other terms and conditions of employment which may be negotiated and adopted in Memoranda of Understanding between the County and the individual participating Employee Organizations and that (2) the provisions of the Pay Equity Master Agreement will remain in place as the basis under which all represented pay equity classes will be granted adjustments until all remaining classes reach the trend line or until such time as the parties mutually agree to modify or terminate this agreement This agreement shall be presented to the Contra Costa County Board of Supervisors as the joint recommendation of the undersigned. 1. Scope of Agreement The County and the participating Employee Organizations agree that .provisions contained herein will fully supersede and replace the February 1993 Supplemental Memorandum of Understanding on Pay Equity. 2, Adoption of Fixed Payout Formula The County and the participating Employee Organizations agree to' adopt a pay equity fixed payout formula described below in 3. which will remain in effect until all pay equity classes are adjusted to the trend line, or until such time as the parties mutually agree to modify or terminate this agreement. 3. Operation of Formula The pay equity fixed payout formula shall be computed as follows: The annual value of the general salary increase for all classifications represented only by the participating Employee Organizations (CCCEA Local One, AFSCME Locals 2700 and 512, SEW S3S, California Nurses Association, Western Council of Engineers and the Appraisers' Association) and Management and Unrepresented employees, shall be totaled and multiplied by a factor of twenty percent (20%). The fixed amount of money derived from this calculation shall constitute the total pay equity increase for all classes below the trend line represented by the participating Employee Organizations and for all Management and Unrepresented classes below the trend line. The manner in which the pay equity increase will be distributed to all represented classes below the trend line shall be determined by the participating Employee Organizations who shall consider only (1) whether classes farthest from the trend line shall receive a greater percentage adjustment than classes closer to the trend line, and (2) at what percentage distance below the trend line to apply any differing percentage adjustment. if upon review, the County finds that the manner in which the Employee Organizations have structured the distribution is unacceptable, the County and the Employee Organizations shall meet and confer. 4. Effective gates The County agrees that any pay equity increases will be effective 90 days from the effective date of any general salary increases. 5. indemnification Each participating union will promise not to bring or support comparable worth or pay equity litigation against Contra Costa County or any agent, servant, officer,,or employee of Contra Costa County and further promise that in the event litigation advancing comparable worth or pay equity claims is brought against the County or any of its agents, servants, officers, or employees, within five years from the effective date of this agreement between the County and the participating Employee Organizations, by any person(s) employed or formerly employed in a class(es) represented by the participating unions, the union(s) representing such class(es) shall each pay up to five thousand dollars ($5000) of the County's attorney fees and costs; provided that the union is not named as a co-defendant in such litigation. DATE: , FOR THE PARTICIPATING EMPLOYEE ORGANIZATIONS: FOR THE COUNTY: CCC 0. ONE A E LocKL2 A CIE LOC Af 2 '- �15U LOCAL S 3 5 - IFORNIA NURSES ASSN. APPRAISERS' AgOCIATION WESTERN COUNCIL OF ENGINEERS KMA.NEG PEMA.WPO EXHIBIT F �A� Human Resources Contra ;...��s rYW; �. Department Cosh : County Ym Third door,Administration Btdg. �.. ount�/ �"'�`_ ���� 651 Pine Street Martinez,California 94553-1292 (510)646-4064 Leslie T.Knight Director of Human Resources November 14, 1996 Ms. Damita Davis-Howard, Field Representative SEW Local 535 - Rank & File Unit 661 27th Street Oakland CA 94612 RE: CELLULAR PHONES Dear Ms. Davis-Howard: This letter is to confirm agreement between the County and SEIU Local 535 Rank & File as follows: When a request for a cellular phone is made to a supervisor, such request will be forwarded to the Division Manager, along with the justification for the request. If the Division Manager is unavailable due to vacation or other long- term absence, the request will be forwarded to the Assistant Director. The requesting employee will be advised of the outcome of the cellular phone request as soon as a decision is made (normally within two weeks). Cellular phone requests (to purchase or replace) must be evaluated by the Division Manager level or higher. If the Division Manager determines that the phone request is necessary for staff safety, the Division Manager will order the cellular phone through normal channels (through Phil Simonds). Requests for cellular phone repairs may go directly to Phil Simonds at 40 Douglas Drive, Martinez. If the foregoing confirms your understanding, please indicate approval and acceptance in the space provided below: CONTRA COSTA COUNTY SEW LOCAL 535 RANK & FILE UNIT r illitlyl-ldit � ka, Kathy Ito Damita Davis-Howard Labor Relations Manager Field Representative CC' .Judy Campbell, Social Service Personnel Officer EXHIBIT 0' .�. Human Resources Centra st , o. Department co -; -- a, , /�` � f Third Floor,Administration Bldg. 1,,j l n t 651 Fine Street Q, Martinez,California 94553-1292 (510)646-4064 November 14, 1956 t Directorrectorector Knight of Human Resources Ms. Damita Davis-Howard, Field Representative SEW Local 535 - Rank & File Unit 661 27th Street Oakland CA 94612 RE: SSWFI'& SSWFFI ALTERNATE CERTIFICATION Dear Ms. Davis-Howard: This letter is to confirm agreement between the County and SEIU Local 535 Rank & File as follows: Positions in the Social Service Welfare Fraud Investigator and Social Service Welfare Fraud Field Investigator classes shall alternately be filled from inside and from the open list. Positions filled from the inside shall be filled alternately through the bid process and the promotional list. Positions subject to bid for which no responses are received shall be filled from the promotional list. if the foregoing confirms your understanding, please indicate approval and acceptance in the space provided below: CONTRA COSTA COUNTY SEIU LOCAL 535 RANK & FILE UNIT Kat y Ito Damita Davis-Howard Labor Relations Manager Field Representative cc: Judy Campbell, Social Service Personnel Officer EXHIBIT H SOCIAL. SERVICE DEPARTMENT CONTRA COSTA COUNTY To. SEIU Local 535 March 19, 1996 From: John Cullen, Director 3_Ct_4`z Subject: Air filters This is to confirm the Department' s plan to review General Services Department information concerning the change of air filters in Social Service buildings. A procedure will be established with the General Services Department for the provision of such information on a semi-annual basis . Such verification will be given to the department Safety Coordinator who will share the information with the .Department Safety Committee on a semi-annual basis. airfltr.535 Gen 9c (New 3186) ATTACHMENT A PRQJECT POSITIONS Social Services Union, Local 535 and the. County have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for employees in project classes which except for the project designation would be represented by Social Services Union, Local 535. For example, Social Program Planner I is represented by Social Services Union, Local 535, therefore, it has been agreed that Social Program Planner l-Project will also be represented by Social Services Union, Local 535. Other project classes that are not readily identifiable as properly included in bargaining units represented by Social Services Union, Local 535, shall be assigned to bargaining units in accordance with the provisions of Section 34-12.015 of Board Resolution No. 81 /1165. The Union and the County understand .that the meet and confer process with respect to the conditions of employment for project classifications is unique and therefore differs from other regular classes represented by Social Services Union, Local 535 in the following respects. 1 . Project employees are not covered by the Merit System. 2. Project employees may be separated from service at any time without regard to the provisions of this Memorandum of Understanding, without right of appeal or hearing or recourse to the grievance procedure specified herein. 3. Any provision of this Memorandum of Understanding which pertains to layoff or seniority are not applicable to project employees. ATTACHMENT B SOCIAL SERVICES UNION, LOCAL 535 RANK & FILE UNIT SALARIES - JULY„1. 1996 CLASS LEVEL RANGE Adult Svcs Liaison Spec. CS-1962 $3230 - 3926 Childrens' Services Aide C5-1421 $1881 - 2286 Eligibility Worker I CS-1472 $1979 - 2406 Eligibility Worker 11 C5-1622 $2300 - 2795 Eligibility Worker Spec. C5-1736 $2577 - 3133 Medical Social Worker I C5-1889 $3003 - 3650 Medical Social Worker 11 C5-2042 $3499 - 4253 P.H. Social Worker C5-1976 $3276 - 3982 Sr. Programs Aide C5-1362 $1773 - 2156 Sr. Service Aide C5-1362 $1773 - 2156 Soc. Casework Spec. I C5-1962 $3230 - 3926 Soc. Casework Spec. 11 C5-2038 $3485 - 4236 SS Empl. Placement Couns. C5-1856 $2906 - 3532 SS Program Assistant C5-1785 $2706 - 3290 SS Sr. Welfare Fraud Inv. C5-1353 $3201 - 3891 SS Welfare Fraud Inv. C5-1792 $2725 - 3313 Social Worker C5-1888 $3000 - 3646 ATTACHMENT C Contra Personnel Department Costa Third Floor, Administration Bldg. 651 Pine Street Martinez, California 94553.1292 County r ly (415) 372.4064 Harry D. cistorman Director of Personnel January 31., 1986 Peaslee, President Social Services Union, Local 535 %Social Service Department Dear Peaslee. This side letter confirms agreement reached during the bargaining process on minimum qualifications for Social Service Program Assistant, Social Worker and Vocational Counselor. The minimum requirements for these classes will be: 1. Social Service Program Assistant - First administration only: License Pequired: Valid California Motor Vehicle Operator' s License. Experience: Six months fulltime experience as a Social Worker Trainee or Social Worker in Contra Costa County. Subsequent administrations : License Required: Valid California Motor Vehicle Aerator's License. Education: Completion of 60 semester units or 90 quarter units at an accredited college or university which included at least 12 semester or 18 quarter units in Psychology, Sociology, Social Welfare, or a closely related field. Experience: Either 1) one year of fulltime experience or is equivalent in a position in a California County with responsibility for public assistance eligibility deter- mination or the processing of documents relative to either, the placement of children or social service case compliance; or 2) one year of fulltime experience or its equivalent as an Eligibility Worker II or a Children's Services Clerical Specialist with Contra Costa County. Substitution: Additional qualifying experience may be substituted for the required education on a year-for-year basis up to a maximum of two years. IPM4A INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER -2- 2. Vocational Counselor Minimum Qualifications: Valid California Motor Vehicle Operator's License. Education: Possession of a baccalaureate degree from an accredited college or university with a major in psycho- logy, sociology, social welfare, vocational or rehabili-. tation counseling or a closely related field. Experience: Either 1) One year of fulltime experience or its equivalent in vocational counseling, job solicitation or job placement, with responsibility for the evaluation and adjustment of employment related problems of youth or adults; or 2) one year of fulltime experience or its equivalent as a Social Service Program Assistant with Contra Costa County. Substitution for Education: Additional qualifying experience may be substituted for the required education on a year-for-year basis up to a maximum of two years. Substitution for Academic Major: Six months of addi- tional qualifying experience may be substituted for the required academic major. 3. Social Worker MinimumQualifications: License: Valid California Motor Vehicle Operator's License. Education: Possession of a Baccalaureate Degree from an accredited college or university with a major in psycho- logy, sociology, social welfare or a closely related field. Experience: Either 1) one year of fulltime experience or its equivalent as a social worker in a human services agency which included responsibility for case assessment, development of treatment plans, liaison work with other service agencies and/or problem resolution related to case management functions; or 2) one year of fulltime experience or its equivalent as a Social Service Program Assistant with Contra Costa County. Substitution for Education: Additional qualifying experience or experience as an Eligibility Worker II or as a Children's Services Clerical Specialist with Contra Costa County or in an equivalent position in another Human Services Agency may be substituted for the required education on a year-for-year basis up to a maximum of two years. -3- 4. 3-4. The Social Casework Specialist I exam shall be given as both Open and Promotional . The Director of Personnel 's authority under PMR 705 to determine a different order of certification priority shall be used to alternately appoint from the Open or the promotional list for Social Casework Specialist I for those positions the Social Service Department determines to fill at the Social Casework Specialist I level . If the foregoing is in accordance with your understanding, please indicate your acceptance and approval in the space provided below. Date: , Social Service Union, Local 535 S.E.I.U. Contra Costa County EXHIBITS (INFORMATIONIREFERENCE ONLY) A. SEPTEMBER 27, 1989 LETTER RE WORKLOAD B. OCTOBER 3, 1989 LETTER RE RECOGNITION OF PART-TIME & FULL TIME EMPLOYEES' SENIORITY FOR LAYOFFS C. HEALTH CARE COALITION SETTLEMENT AGREEMENT D. WAGE & HEALTH PLAN ADJUSTMENTS E. SUPPLEMENTAL PAY EQUITY AGREEMENT r+a We reply WC .,Jul I. L„/Ul ILI EXHIBIT A 2401 Stiinwell Drive.*200 'later A.RydinQswordCosta P.O.Bax 5498 Concord,Ulifomis IMS24 County September 27, 1989 Randy Johnese, Field Representative Social Service Union, Local 535 661 - 27th Street Oakland, Ch 94612 Dear Mr. Johnese: During the recently concluded meet and confer sessions, a considerable amount of time and effort was devoted to the issue of workload. As a result of those discussions, the Social Service Department and County agreed to address this issue in the following major areas: 1. Legislative: The Department will work with your organization and lobbyist to coordinate legislative strategies with respect to State funding criteria and process for all Department programs. 2. Workload Com i tt - The Department is prepared to continue working with the Workload Committee in the same manner as presently operating with defined response times from the Director and Executive Team. 3. MgdifigatiQn of Income Maintenance: by 3-1-90 . flexible staffing of Eur Specialists who will maintain caseloads above the State guidelines. At such time as all work items in this subsection and recommendations are implemented, Section 34.1 will be amended to include the El:.gibility Work Specialist classification. . Expansion of EW Specialists in Field Units whose duties shall include, but not be limited to, assignments of uncovered caseloads, backlogs in intake, technical training, and lead work in field units. . Specialized Intake . Program Work Group staffed with 2 union representatives, two management representatives, and a supervisor or program resource person as needed. . Caseload projection hiring to anticipate projected cyclical surges in .caseload growth . Expansion of Training Unit - to possibly include establishing a second training unit 4. Child Welfare Services Irograms & Staffing: The Department will continue to make every effort to achieve maximum staffing levels within applicable state cost control allocations. RRecruitnent of CWS staff will be a Department priority; continuous testing will remain in place for exams for CWS classes. A Priority Work Croup will make recommendations regarding the streamlining of work and prioritization when certain conditions exist. Recommendations will be !� implemented by 3-1-90. The committee will be structured as described above for IM. Conduct a .study for a Childrens' Services Lead Worker. 5. adult Services: A Priority Work Group will be established to include discussion of revenue, establishing task priorities, and standardization/equalization of work. Implementation will be by 3a-1-90. 6. Protected 'lime . The Program Work Groups will also consider whether establishing or modifying existing protected time will � result in greater workload efficiencies and enhance service to clients. The recommendations of each Program Work Group will be made to the Director, whose decision concerning implementation will be final. Further discussion of ongoing issues arising from this process may be held in the Workload Committee. I and my staff look forward to working with our employees and your organization to accomplish meaningful implementation of these matters. incerely aures d, Director ♦ 3 Disk 17 jcwp Workload.rift F l Jvk_•Jct► VikoC; LJC;Pcx► U Ifcf iL UUI 111 CL EXHIBIT B Costa 2401 Stanwell Drive,1200 jsmes A.Rydingsword P.O.Bax 5,488 OW00a concord,California 94524 County October 3, 1989 Randy J•ohnese Social Services Union, Local 1535 661 - 27th Street Oakland, CA 94612 Dear Mr. Johnese: This letter will confirm that in the event of a layoff, the Social Service Department will, to the extent possible, make every reasonable effort to recognize part-time and full--time employees seniority similarly with respect to separation. When it becomes necessary to layoff part--time employees with more seniority than retained full-time employees, the Department will meet and discuss the reasons for the action with the Union prior to implementing the action. No understanding conveyed by this letter will be construed to in any way modify the layoff and seniority rules contained in the Memorandum of Understanding. Sincerel a yding ord r ctor AR :a unproll.res Disk 22 - jcwp . EXHIBIT C CONTRA COSTA COUNTY HEALTH CARE COALITION NEGOTIATIONS JANUARY 28, 1992 SETTLEMENT AGREEMENT HEALTH & DENTAL SUBVENTION ONLY 1. SUBVENTION FOR. 1991-1992 CCHP: County will contribute $10 single and $26 family for premium increases; employees will continue to pay $.01. Dental only coverage at $.01. 1st Choice, Kaiser & Dental: County will contribute 77%toward health and dental premiums with plan changes indicated below. County subvention for Safeguard B to be the same level as for Safeguard A not to exceed total premium of Safeguard B. 2. PLAN CHANGES FOR 1991-1992 (All effective 1st of month following open enrollment) Kaiser: $3 co-pay on Rx and include COB. County agrees to add maintenance drug program within 60 days of its availability. 1st Choice (PPO pays P. 100%; non-PPO pays @ 80% of UCR after annual $200 deductible. ) • Add office visit coverage for routine pap test. • Add diabetic training to $300 lifetime limit. • Add injectable drugs to Rx program with 50% co-pay. • Cap physical therapy visits at 50 visits per calendar year. • Change Pharmacy drug program from $2 generic, $8 brand name to $2 generic, $5 brand name - no exceptions. • Add $25 co-pay for a non-PPO Emergency Room physician if services provided at a PPO hospital; balance of bill paid by health plan (no further exceptions as under current plan).* County will continue current practice of negotiating non-PPO provider billings for services provided at PPO hospital. • Add $25 co-pay for a non-PPO Radiologist if services are performed at a PPO hospital; balance of bill paid by health plan (no further exceptions as under current plan). Second opinion provisions remain unchanged.* • Biannual routine eye examinations for corrective lenses only with $10 co-pay. Annual eye examinations for children to age 18 and adults over 40 with $10 co-pay. Dental Plan Continue with current dental program and add Safeguard B option beginning with March 1992 open enrollment. Reopen Delta dental plan for redesign in June 1992. County will solicit proposals on prepaid dental plans prior to the end of the MOU period. The Request for Proposal will be made available to all qualified vendors of prepaid dental plans (including Denticare) . - 2 - 3. REOPENER FOR HEALTH PLAN REDESIGN Effective June 1, 1992, the County and the Health Care Coalition will reopen meet and confer deliberations on further health plan redesign with the objectives of achieving improved cost control and service to members. 4. SUBVENTION FOR 1992--1993 CCHP: County will contribute 98%of premium cost for health and dental plans. Dental only coverage at $.01. 1st Choice, Kaiser & Dental: County will contribute 77% toward health and dental premiums. County subvention for Safeguard B to be the same level as for Safeguard A not to exceed total premium of Safeguard B. If a mutually agreeable range of plan redesign options are achieved by the County and the Health Care Coalition as a result of the June 1992 reopener, the County-will contribute an additional 3% not to exceed 80%. 5. WORKERS' COMPENSATION r The County will reduce Workers' Compensation for all non-safety employees to 94% of monthly salary for all claims filed with the employee's department on or after February 10, 1992 and 88% filed on or after January 1, 1993. All savings generated will be used toward offsetting chargeable increases in County subvention of premiums for health and dental plans. If Workers' Compensation becomes taxable, the County agrees to restore the current benefit level (100% of monthly salary) and the parties shall meet and confer with respect to funding the increased cost. *$25 co-pay does not apply to annual$1000 maximum out-of-pocket expense per member (includes $200 deductible) . $25 co-pay is waived after $1000 limit is reached. FOR THE COUNTY: FOR THE HEALTH CARE COALITION: DATE: ,2 6 z DATE: copZo3:hcc Tentative Agreement Wages & Health Plan Adjustments The County and the members of the Labor Coalition agree to jointly recommend that the Board of Supervisors consider and adopt the following settlement on wages and health plan adjustments for the period.October 1, 1993, to September 30, 1995. 1. Wanes Effective July 1, 1994, increase salary by 10 levels (1.0045%). Effective January 1, 1995, increase salary by 10 levels (1.0045%). Any net savings achieved by the County from the replacement of the 1st Choice Health Plan by the QualMed Health Plan for those eligible to a salary increase as provided herein and which is above the cost of the 20 level salary increase shall be added to the 1%salary increase effective January 1, 1995.The California Nurses Association, IAFF Local 1230, and the Union of American Physicians and Dentists are exluded from these wage increases and subvention calculations. The savings shall be computed on a per cap basis as follows. a. The County's 'original cost" shall be computed by adding together the gross subvention for each represented employee in 1st Choice for the month of 10-01-93, the sum then increased,by 14%. , b. The County's "current cost" shall be computed by adding together the gross subven- tions of each represented employee who transferred from 1st Choice to QualMed, for the month 10-01-94. c. The amount of money to be provided as additional monthly salary increases shall be the "original cost" minus the "current cost" minus the monthly cost of the 20 level wage increases. 2. Coverages Offered Effective.February 1, 1994, the County will offer medical plans including Contra Costa Health Plan(CCHP), Kaiser, QualMed, Delta Dental, and Safeguard Dental. 3. Health Plan Subvention Effective 211194: CCHP = County share 98% QualMed/Kaiser HMO's = County Share 79% QualMed PPC) = County share 77%to October 31, 1994. Delta Dental =Increase annual maximum benefit per member from $1,000 to $1,200. 4. Kaiser C, opus Effective February 1, 1994: Kaiser Office Visit= $3.00; Kaiser Drugs = $3.00 5. Future OualMed PPO Increases Effective November 1, 1994, the County and Coalition members will equally share(50/50) the amount of any premium increases. 6. Health Plan Review Committee The County proposal for a labor/management health pian review committee is accepted. The Committee shall be comprised of five reps of the Coalition and up to five reps of management and shalll review changes in rates and benefits and if the committee decides it is advisable to meet with a health plan provider, such contact shall be initiated by the chairperson. 7. Wellness The County proposal on Wellness presented 1/6/94 is accepted and is effective February 1, 1994. S. Indemnification The County willl indemnify all unions in the Coalition in actions brought regarding termination of the 1 st Choice Health Plan. 9. Runout The County agrees to assume all runout costs associated with termination of the 1st Choice Health Plan. 10. Ogen Enrollment Open Enrollment on a one-time basis shall be January, 1994, through.February, 1994, and shall subsequently be in November of each year. Dated: January 13, 1994 For the County: For the Coalitio NEW PAY EQUITY MASTER AGREEMENT May 1995 The County and the below listed Employee Organizations which participated in the Pay Equity Study jointly agree to provisions in this new Pay Equity Master Agreement. In executing this agreement, both the County and the participating Employee Organizations (CCCEA Local One, AFSCME Locals 2700 and 512, SEW 535, California Nurses Association, Western Council of Engineers and the Appraisers' Association) state their intent that (1) the provisions of the Pay Equity Master Agreement .contained herein shall stand separate from other terms and conditions of employment which may be negotiated and adopted in Memoranda of Understanding between the County and the individual participating Employee Organizations and that (2) the provisions of the Pay Equity Master Agreement will remain in place as the basis under which all represented pay equity classes will be granted adjustments until all remaining classes reach the trend fine or until such time as the parties mutually agree to modify or terminate this agreement. This agreement shall be presented to the Contra Costa County Board of Supervisors as the joint recommendation of the undersigned. 1. Scope of Agreement The County and the participating Employee Organizations agree that .provisions contained herein will fully supersede and replace the February 1993 Supplemental Memorandum of Understanding on Pay Equity. 2. Adoption of Fixed Payout Formula The County and the participating Employee Organizations agree to adopt a pay equity fixed payout formula described below in 3. which will remain in effect until all pay equity classes are adjusted to the trend line, or until such time as the parties mutually agree to modify or terminate this agreement. 3. Operation of Formula The pay equity fixed payout formula shall be computed as follows: The annual value of the general salary increase for all classifications represented only by the participating Employee Organizations (CCCEA Local One, AFSCME Locals 2700 and 512, SEW 535, California Nurses Association, Western Council of Engineers and the Appraisers' Association) and Management and Unrepresented employees, shall be totaled and multiplied by a factor of twenty percent (2091o). The fixed amount of money derived From this calculation shall constitute the total pay equity increase for all classes below the trend line represented by the participating Employee Organizations and for all Management and Unrepresented classes below the trend line. The manner in which the pay equity increase will be distributed to all represented classes below the trend line shall be determined by the participating Employee Organizations who shall consider only (1 ) whether classes farthest from the trend line shall receive a greater percentage adjustment than classes closer to the trend line, and (2) at what percentage distance below the trend line to apply any differing percentage adjustment. If upon review, the County finds that the manner in which the Employee Organizations have structured the distribution is unacceptable, the County and the Employee Organizations shall meet and confer. 4. Effective Gates The County agrees that any pay equity increases will be effective gg days from the effective date of any general salary increases. 5. indemnification - Each participating union will promise not to bring or support comparable worth or pay equity litigation against Contra Costa County or any agent, servant, officer,,or employee of Contra Costa County and further promise that in the event litigation advancing comparable worth or pay equity claims is brought against the County or any of its agents, servants, officers, or employees, within five years from the effective date of this agreement between the County and the participating . Employee Organizations, by any person(s) employed or formerly employed in a class(es) represented by the participating unions, the union(s) representing such class(es) shall each pay up to five thousand dollars (55000) of the County's attorney fees and costs; provided that the union is not named as a co-defendant in such litigation. DATE: , FOR THE PARTICIPATING EMPLOYEE ORGANIZATIONS: FOR THE COUNTY: CCc O. ONE A FELO L 7/160-- A CME LOCAL 2 A&wc�P{ 'l > �tfU LOCAL 5 3 5 IFORNIA NURSES ASSN. APPRAISERS' OCIATION WESTERN COUNCIL OF ENGINEERS PE,MA.NEG PEMA.WPO SUBJECT INDEX Adjustment Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 AgencyShop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Attendance at Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Bilingual Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Call-Back Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Career Ladder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Catastrophic Leave Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Compensation Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Compensation for Portion of Month . . . . . . . . . . . . . . . . . .... . . 25 Conservatorship Differential . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Damage to Personal Property . . . . . . . . . . . . . . . . . . . . . . . . 152 Days & Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Demotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Dental Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Dependent Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Disciplinary Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Dismissal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Family Care Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Flexible Staffing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Furlough Days Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Health & Welfare, Life & Dental Care . . . . . . . . . . . . . . . . . . 103 Health Examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Immediate Family (Leave of Absence) . . . . . . . . . . . . . . . . . . . 91 Immediate Family (Sick Leave) . . . . . . . . . . . . . . . . . . . . . . . . 62