HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-36 i
X95
r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopt this Order on J?nua[y 23, 2001-, by the following vote:
a
AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER AND UILKEMA
b
a
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUPERVISOR GERBER DID NOT PARTICIPATE
`* SUBJECT:
Adopt Memorandum of Understanding ) Resolution No. 2001/ 36
With AFSCME Local 512, 1
BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT
the Memorandum of Understanding (copy attached and included as part of this
document), jointly signed by Kathy Ito, Labor Relations Manager, and Jim Hicks,
AFSCME Local 512 Business Agent, regarding economic terms and conditions
for October 1 , 1999 through September 30, 2002 for those classifications
represented by that employee organization.
I hereby certify that this is a true and correct copy of
an action, taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: January 23, 2001
HIL BATCHSIMR,Clerk of the Board
f Supervisors nd County Administrator
tm,
By eputy
Orig. Dept.: Human Resources Department(Kathy Ito @ 5-1785)
cc: Labor Relations Unit
Personnel Services Unit
Auditor—Controller/Payroll
Jim Hicks, AFSCME Local 512
__.. RES01=10N NO. 2001/36
I
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PROFESSIONAL & TECHNICAL EMPLOYEES
AFSCME, LOCAL 512
OCTOBER 1 , 1999 - SEPTEMBER 30, 2002
PROFL. .;SIONAL & TECHNICAL L-APLOYEES
AFSCME, LOCAL 512
TABLE OF CONTENTS
SECTION 1 UNION RECOGNITION........................................... 6
SECTION 2 UNION SECURITY
2.1 Dues Deduction ....................................................... 6
2.2 Agency Shop ........................................................... 7
2.3 Maintenance of Membership ................................. 11
2.4 Union Dues Form................................................... 11
2.5 Withdrawal of Membership .................................... 12
2.6 Communicating with Employees ........................... 13
2.7 Use of County Buildings ........................................ 14
2.8 Advance Notice ..................................................... 15
2.9 Written Statement for New Employees.................. 16
2.10 Section 18 of 1977/79 MOU .................................. 16
2.11 P.E.O.P.L.E. .......................................................... 16
2.12 Assignment of Classes to Bargaining Units........... 16
SECTION 3 NO DISCRIMINATION.......................................... 17
SECTION 4 SHOP STEWARDS AND OFFICIAL
REPRESENTATIVES
4.1 Attendance at Meetings......................................... 19
4.2 Union Representative ............................................ 20
4.3 Release Time for Training ..................................... 21
SECTION 5 SALARIES
5.1 General Wage Increases....................................... 21
5.2 New Pay Equity Master Agreement....................... 24
5.3 Entrance Salary ..................................................... 27
5.4 Certification Rule ................................................... 27
5.5 Anniversary Dates ................................................. 28
5.6 Increments Within Range ...................................... 30
5.7 Part-Time Compensation....................................... 31
5.8 Co, sensation for Portion of Mk th and Permanent
Intermittent Compensation ..................................... 31
5.9 Position Reclassification........................................ 31
5.10 Salary Reallocation & Salary on Reallocation ....... 32
5.11 Salary on Promotion .............................................. 34
5.12 Salary on Involuntary Demotion ............................ 35
5.13 Salary on Voluntary Demotion............................... 35
5.14 Transfer ................................................................. 35
5.15 Pay for Work in Higher Classification
5.16 Building Supervisor Differential ............................. 38
5.17 Payment ................................................................ 39
5.18 Pay Warrant Errors................................................ 40
SECTION 6 DAYS & HOURS OF WORK................................ 41
SECTION 7 OVERTIME & COMPENSATORY TIME
7.1 Overtime ................................................................ 42
7.2 Compensatory Time .............................................. 43
7.3 Fair Labor Standards Act Provisions ..................... 46
SECTION 8 CALL BACK TIME .............................................. 46
SECTION 9 ON-CALL DUTY ................................................... 47
SECTION 10 SHIFT DIFFERENTIAL ........................................ 44
10.1 Shift Differential .................................................... 47
10.2 Standards Division Differential ............................. 48
SECTION 11 SENIORITY, WORKFORCE REDUCTION
LAYOFF & REASSIGNMENT
11 .1 Workforce Reduction ............................................ 49.
11.2 Separation Through Layoff................................... 51
11 .3 Notice ................................................................... 57
11 .4 Special Employment Lists .................................... 57
11 .5 Reassignment of Laid Cuff Employees .................. 58
SECTION 12 hJLIDAYS
12.1 Holidays Observed ............................................... 58
12.2 Application of Holiday Credit ................................ 59
12.3 Permanent Part-Time Employees ........................ 60
12.4 4/10 Shift Holidays..........
..........
..........
.....
..........
I... 61
12.5 9/80 Shift Holidays................................................ 61
12.6 Accrual of Holiday Time & Credit.......................... 62
SECTION 13 VACATION
13.1 Vacation Allowance .............................................. 63
13.2 Vacation Leave on Reemployment from a Layoff
List ........................................................................ 63
13.3 Vacation Accrual Rates ........................................ 64
13.4 Accrual During Leave Without Pay....................... 65
13.5 Vacation Allowance for Separated Employees..... 65
13.6 Preference ............................................................ 65
13.7 Prorated Accruals ................................................. 65
SECTION 14 SICK LEAVE
14.1 Purpose of Sick Leave.......................................... 66
14.2 Credits to & Charges Against Sick Leave............. 66
14.3 Policies Governing Use of Paid Sick Leave ......... 67
14.4 Administration of Sick Leave ................................ 72
14.5 Disability ............................................................... 75
14.6 Accrual During Leave Without Pay....................... 81
14.7 Integration of SDI With County Sick Leave
Program............................................... ............ . . 81
14.8 Disability Insurance Review Committee ............... 82
14.9 Employee Annual Health Examination ................. 82
14.10 Confidentiality of Information/Records.................. 83
SECTION 15 CATASTROPHIC LEAVE BANK
15.1 Program Design.................................................... 83
15.2 Operation
SECTION 16 ST,#.,d'E DISABILITY INSURAK-.. E (SDI)
16.1 General Provisions ............................................... 87
16.2 Procedures ........................................................... 88
16.3 Method of Integration....................:....................... 89
16.4 Definition............................................................... 90
16.5 Conversion to the New SDI Program.................... 90
SECTION 17 WORKER'S COMPENSATION............................ 91
SECTION 18 LEAVE OF ABSENCE
18.1 Leave Without Pay .:...............
18.2 General Administration - Leaves of Absence ....... 95
18.3 Furlough Days Without Pay.................................. 98
18.4 Military Leave ...................................................... 98
18.5 Family Care Leave or Medical Leave ................... 99
18.6 Certification........................................................ 100
18.7 Intermittent Use of Leave .................................. 100
18.8 -Aggregate Use for Spouse ................................ 101
18.9 Definitions.......................................................... 101
18.10 Pregnancy Disability Leave ............................... 104
18.11 Group Health Plan Coverage............................. 104
18.12 Leave Without Pay - Use of Accruals ................ 105
18.13 Leave of Absence Replacement and
Reinstatement .................................................... 106
18.14 Leave of Absence Return ................................... 106
18.15 Reinstatement From Family Care Medical
Leave.................................................................. 107
18.16 Salary Review While on Leave of Absence........ 107
18.17 Unauthorized Absence ....................................... 108
18.18 Non-Exclusivity................................................... 108
SECTION 19 JURY DUTY AND WITNESS DUTY
19.1 Jury Duty ............................................................ 108
19.2 Witness Duty ...................................................... 110
iv
SECTION 20 H._ALTH AND WELFARE, U,-E AND DENTAL CARE
20.1 County Programs................................................ 111
20.2 Rate Information ................................................. 111
20.3 Medicare Rates .................................................. 112 .
20.4 Partial Month ...................................................... 112
20.5 Coverage During Absences................................ 112
20.6 Retirement Coverage.......................................... 113
20.7 Dual Coverage.................................................... 114
20.8 Health Care Spending Account .......................... 114
20.9 PERS Long Term Care....................................... 114
20.10 Deferred Retirement ........................................... 115
SECTION 21 PROBATIONARY PERIOD
21 .1 Duration .............................................................. 117
21 .2 Probation Periods Over Six Months ................... 117
21 .3 Revised Probationary Period.............................. 118
21 .4 Criteria ................................................................ 118
21 .5 Rejection During Probation................................. 118
21 .6 Regular Appointment...............................:.......... 120
21 .7 Layoff During Probation ...................................... 121
21 .8 Rejection During Probation of Layoff Employee. 122
SECTION 22 PROMOTION
22.1 Competitive Exam .............................................. 122
22.2 Promotion Policy................................................. 122
22.3 Open Exams....................... ............................... 122
22.4 Promotion Via Reclassification Without Exam.... 123
22.5 Requirements for Promotional Standing............. 123
22.6 Seniority Credits ................................................. 124
22.7 Denial Review..................................................... 124
22.8 Release Time for Examinations.......................... 124
SECTION 23 TRANSFER
23.1 Transfer Conditions ............................................ 125
23.2 Transfer Policy.................................................... 126
23.3 Transfer Procedure............................................. 126
23.4 Transfer List........................................................ 127
23.5 Re..-jsignment of Work Locatio.. :........................ 127 ,
SECTION 24 RESIGNATIONS
24.1 Resignation in Good Standing............................ 128
24.2 Constructive Resignation.................................... 128
24.3 Effective Resignation.......................................... 129
24.4 Revocation.......................................................... 129
24.5 Coerced Resignations ........................................ 129
24.6 Eligibility for Reemployment ............................... 130
SECTION 25 DISMISSAL, SUSPENSION, TEMPORARY
REDUCTION IN PAY AND DEMOTION
25.1 Sufficient Cause for Action ................................. 131
25.2 Skelly Requirements........................................... 133
25.3 Employee Response .......................................... 134
25.4 Leave Pending Employee Response ................. 134
25.5 Length of Suspension......................................... 134
25.6 Procedure on Disciplinary Action.........................135
25.7 Weingarten Rights .............................................. 136
SECTION 26 GRIEVANCE PROCEDURE
26.1 Definition and Procedural Steps ......................... 136
26.2 Scope of Adjustment Board and Arbitration
Decisions ............................................................ 139
26.3 Time Limits ......................................................... 140
26.4 Union Notification ............................................... 141
26.5 Compensation Complaints ................................. 141
.6 Strike/Work Stoppage......................................... 141
26.7 Merit Board ......................................................... 142
26.8 Filing by Union.................................................... 142
26.9 Disputes Over Existence of Grievance............... 142
26.10 Disqualification From Taking an Exam ............... 143
SECTION 27 BILINGUAL PAY................................................ 143
v�
SECTION 28 R,-.. CIREMENT
28.1 Contribution ........................................................ 143
28.2 Tier III.................................................................. 144
SECTION 29 REIMBURSEMENT
29.1 Training Reimbursement .................................... 149
29.2 Personal Property Reimbursement .................... 150
29.3 Reimbursement For Meals ................................. 151
SECTION 30 CLASSIFICATION.............................................. 152
SECTION 31 SAFETY & SAFETY EQUIPMENT
REIMBURSEMENT
31 .1 VDT Users Eye Examination .............................. 153
31 .2 Safety Shoe & Safety Eyeglass Reimbursement 154
SECTION 32 MILEAGE ........................................................... 155
SECTION 33 STAGGERED WORK SCHEDULE.................... 155
SECTION 34 MEAL PERIODS ................................................ 157
SECTION 35 PERFORMANCE EVALUATION ....................... 158
SECTION 36 DISCIPLINARY ACTIONS ................................. 158
SECTION 37 PERSONNEL FILES .......................................... 158
SECTION 38 SERVICE AWARDS........................................... 160
SECTION 39 REASSIGNMENTS
39.1 Request for Reassignment................................. 160
39.2 Involuntary Reassignments ................................ 161
39.3 Social Service Staff Specialists Unit................... 162
SECTION 40 UNFAIR LABOR PRACTICE ............................. 163
Vii
SECTION 41 LEI JH OF SERVICE DEFINL -ON................. 163
SECTION 42 PERMANENT PART-TIME EMPLOYEE
BENEFITS .......................................................... 1.64
SECTION 43 PERMANENT-INTERMITTENT EMPLOYEE
BENEFITS.......................................................... 166
SECTION 44 PERMANENT-INTERMITTENT EMPLOYEE
HEALTH PLAN .................................................. 166
SECTION 45 PROVISIONAL EMPLOYEE BENEFITS ........... 167
SECTION 46 WORD PROCESSING/VDT DIFFERENTIALS
46.1 Buyout of Differential .......................................... 167
46.2 Continuing Differentials ...................................... 168
SECTION 47 ENGINEERING TECH SPECIAL ISSUES
47.1 Rotational Advisory Committee ......... 168
47. 2 Engineering Tech Bid Procedure........................ 169
47.3 Flexible Work Week............................................ 176
47.4 Continuing Education Allowance ........................ 171
SECTION 48 CLASSIFICATION STUDIES
48.1 Other Clerical Supervisor Positions.................... 171
SECTION 49 SHERIFF'S DEPARTMENT SHIFT +&
HOLIDAY AGREEMENT.................................... 171
SECTION 50 SHERIFF'S NON-SWORN MANAGEMENT
UNIT
50.1 Continuing Education Allowance ........................ 172
50.2 Uniform Allowance.............................................. 172
50.3 Incorporation into MOU....................................... 173
Viii
SECTION_ 51 F _ .OPERTY APPRAISER -ilk .,T SPECIAL
ISSUES
51 .1 Mileage ......................................:........................ 173
51 .2 Bridged Service Time ......................................... 174
51.3 Physical Examination ......................................... 174
51 .4 Flex — Time
......................................................... 174
51 .5 Educational Incentives........................................ 175
51.6 4/10 Summer Schedule ...................................... 175
SECTION 52 MEALS ............................................................... 176
SECTION 53 SPECIAL STUDIES/PROJECTS ....................... 176
SECTION 54 SPECIAL BENEFITS ......................................... 181
SECTION 55 ADOPTION......................................................... 185
SECTION 56 DURATION OF AGREEMENT........................... 185
SECTION 57 SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISIONS
57.1 Scope of Agreement........................................... 186
57.2 Separability of Provisions ................................... 186
57.3 Personnel Management Regulations ................. 186
SECTION 58 PAST PRACTICES & EXISTING MOU'S .......... 187
ATTACHMENTS
EXHIBITS
SUBJECT INDEX
ix
MEML .IANDUM OF UNDERS ANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PROFESSIONAL AND TECHNICAL EMPLOYEES
LOCAL 512, AFSCME
This Memorandum of Understanding (MOU) is entered
into pursuant to the authority contained in Division 34 of
the Contra Costa County Board of Supervisors' Resolution
81/1165 and has been jointly prepared by the parties.
The Labor Relations Officer (County Administrator) is the
representative of Contra Costa County in employer-
employee relations matters as provided in Board of
Supervisors' Resolution 81/1165.
The parties have met and conferred in good faith
regarding wages, hours and other terms and conditions of
employment for the employees in units in which the Union
is the recognized representative, have freely exchanged
information, opinions and proposals and have endeavored
to reach agreement on all matters relating to the
employment conditions and employer-employee relations
covering such employees.
This MOU shall be presented to the Contra Costa County
Board of Supervisors, as the governing board of the
County and appropriate fire districts, as the joint
recommendations of the undersigned for salary and
employee benefit adjustments for the period commencing
October 1 , 1999 and ending September 30, 2002.
Special provisions and restrictions pertaining to Project
employees covered by this MOU are contained in
DERNITIONS
Attachment A, which is attached hereto and made a part
hereof.
DEFINITIONS
Alternative Work Schedules means one or more of the
following:
1 . 9/80: Eight (8) nine-hour work days plus an
eight-hour work day with one day off within a two
(2) week work period.
2. 4/10: Four (4) ten-hour work days within the
work week.
3. 5/8: Five (5) eight-hour work days within. a work
week where the work hours are other than the
standard 8:00 a.m. to 5:-00 p.m. (also known as
flex time).
Meal breaks for any of the above schedules may be either
one half (1/2) hour or one (1 ) hour.
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.
AFSCME Local 512 - 2 - 1999-2002 MOU
DEFINITIONS
Class Title: The designation given to a class, to each
position allocated to the class, and to the employees
allocated to the class.
Count [: Contra Costa County.
Demotion: The change of a permanent employee to
another position in a class allocated to a salary range for
which the top step is lower than the top step of the class
which the employee formerly occupied except as provided
for under "Transfer' or as otherwise provided for in this
MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
Director of Human Resources: The person designated
by the County Administrator to serve as the Assistant
County Administrator-Director of Human Resources.
Ellgiblet Any person whose name is on an employment or
reemployment or layoff list for a given class.
Employee: A person who is an incumbent of a position or
who is .on leave of absence in accordance with provisions
of this MOU and whose position is held pending his/her
return.
Employment List: A list of persons who have been found
qualified for employment in a specific class.
Layoff List: A list of persons who have occupied positions
allocated to a class in the Merit System and who have
been involuntarily separated by layoff or displacement, or
AFSCME Local 512 - 3 - 1999-2002 MOU
QERN1TIONS
demoted by displacement, or have voluntarily demoted in
lieu of layoff or displacement, or have transferred in lieu of
layoff or displacement.
Permanent-Intermittent Position: Any position which
requires the services of an incumbent for an indefinite
period but on an intermittent basis, as needed, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will
require the services of an incumbent for an indefinite
period but on a regularly scheduled less than full time
basis.
Permanent Position: Any position which has required, or
which will require the services of an incumbent without
interruption, for an indefinite period.
Project Employee: An employee who is engaged in a
time limited program or service by reason of limited or
restricted funding. Such positions are typically funded from
outside sources but may be funded from. County revenues.
Promotion: The change of a permanent employee to
another position in a class allocated to a salary range for
which the top step is higher than the top step of the class
which the employee formerly occupied, except as provided
for under "Transfer" or as otherwise provided for in this
MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
AFSCME Local 512 - 4 - 1999-2002 MOU
DEFINITIONS
Position: The assigned duties and responsibilities calling
for the regular full time, part-time or intermittent
employment of a person.
Reallocation: The act of reassigning an individual position
from one class to another class at the same range of the
salary schedule or to a class which is allocated to another
range that is within five percent (5%) of the top step,
except as otherwise provided for in the Personnel
Management Regulations, deep class resolutions or other
ordinances.
Reclassification: The act of changing the allocation of a
position by raising it to a higher class or reducing it to a
lower class on the basis of significant changes in the kind,
difficulty or responsibility of duties performed in such
position.
Reemployment List: A list of persons, who have occupied
positions allocated to any class in the merit system and,
who have voluntarily separated and are qualified for
consideration for reappointment under the Personnel
Management Regulations governing reemployment.
Resignation: The voluntary termination of permanent
employment with the County.
Temporary Employment: Any employment 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.
AFSCME Local 512 - 5 - 1999-2002 MOU
SECTION 1 - UN' N RECOGNITION
Transfer: The change of an employee who has permanent
status in a position to another position in the same class in
a different department, or to another position in a class
which is allocated to a range on the salary plan that is
within five percent (5%) at top step as the class previously
occupied by the employee.
Union: AFSCME Local 512
SECTION 1 - UNION RECOGNITION
The Union is the formally recognized employee
organization for the representation units listed below, and
such organization has been certified as such pursuant to
Board of Supervisors' Resolution 81/1165.
Engineering Technician Unit
Income Maintenance Program Unit
Clerical Supervisory Unit
Social Service Staff Specialist Unit
Probation Supervisor Unit
Sheriffs Non-Sworn Management Unit
Property Appraiser Unit
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of
Board Resolution 81/1165, only a majority representative
may have dues deduction and as such the Union has the
exclusive privilege of dues deduction for all employees in
its units.
AFSCME Local 512 - 6 - 1999-2002 MOU
SECTIO"`2 - UNION SECURITY
2.2 Agency Shop.
A. The Union agrees that it has a duty to provide fair
and non-discriminatory representation to all
employees in all classes in the units for which this
section is applicable regardless of whether they
are members of the Union.
B. All employees employed in a representation unit
on or after the effective date of this MOU and
continuing until the termination of the MOU, shall
as a condition of employment either:
1 . Become and remain a member of the Union
or;
2. pay to the Union, an agency shop fee in an
amount which does not exceed an amount
which may be lawfully collected under
applicable constitutional, statutory, and case
law, which under no circumstances shall
exceed the monthly dues, initiation fees and
general assessments made during the
duration of this MOU. It shall be the sole
responsibility of the Union to determine an
agency shop fee which meets the above
criteria; or
3. do both of the following:
AFSCME Local 512 - 7 - 1999-2002 MOU
SECTION 2 • UN' N SECURITY
a. execute a written declaration that the
employee is a member of a bona fide
religion, body or sect which has
historically held a conscientious
objection to joining or financially
supporting any public employee
organization as a condition of
employment; and
b. pay a sum equal to the agency shop fee
described in Section 2.2.8.2 to a non-
religious, non-labor, charitable fund
chosen by the employee from the
following charities: Family and Children's
Trust Fund, Child Abuse Prevention
Council and Battered Women's
Alternative.
C. The Union shall provide the County with a copy of
the Union's Hudson Procedure for the
determination and protest of its agency shop
fees. The County shall provide a copy of the
Union's Hudson Procedure to every employee
hired into a class represented by the Union after
the effective date of this MOU. The Union shall
provide a copy of said Hudson Procedure to
every fee payer covered by this MOU within one
(1 ) month from the date it is approved and
annually thereafter, and as a condition to any
change in the agency shop fee. Failure by an
employee to invoke the Union's Hudson
Procedure within one (1 ) month after actual
AFSCME Local 512 - 8 - 1999-2002 MOU
SECTIO"-,2 - UNION SECURITY
notice of the Hudson Procedure shall be a waiver
by the employee of their right to contest the
amount of the agency shop fee.
D. The provisions of Section 2.2.8.2 shall not apply
during periods that an employee is separated
from the representation unit but shall be
reinstated upon the return of the employee to the
representation unit. The term separation includes
transfer out of the unit, layoff and leave of
absence with a duration of more than thirty (30)
days.
E. The Union shall provide the Director of Human
Resources with copies of a financial report
patterned after Form LM-2 pursuant to the Labor
Management Disclosure Act of 1959. Such report
shall be available to employees in the unit.
Failure to file such a report not later than June 1
of each calendar year shall result in the
termination of all agency fee deductions without
jeopardy to any employee, until said report is
filed.
F. Compliance.
1 . An employee employed in or hired into a job
class represented by the Union shall be
provided with an "Employee Authorization for
Payroll Deduction" form by the Human
Resources Department.
AFSCME Local 512 - 9 - 1999 2002 MOU
SECTION 2- UN'-°'#V SECURITY
2. if -the form authorizing payroll deduction is
not returned within thirty (30) calendar days
after notice of this agency shop fee provision
and the Union's Hudson Procedure and the
Union dues, agency shop fee, initiation fee or
charitable contribution required under
Section 2.2.8.3 are not received, and the
employee has not timely invoked the Union's
Hudson Procedure, or if invoked, the
employee's Hudson Procedure rights have
been exhausted, the Union may, in writing,
direct that the County withhold the agency
shop fee and the initiation fee from the
employee's salary, in which case the
employee's monthly salary shall be reduced
by an amount equal to the agency shop fee
and the County shall pay an equal amount to
the Union.
G. The Union shall indemnify, defend, and save the
County harmless against any and all claims,
demands, suits, Orders, judgments, or other
forms of liability that arise out Of or by reason of
this Union security section or action taken or not
taken by the County under this Section. This
includes, but is not limited to, the County's
Attorneys' fees and costs. The provisions of this
subsection shall not be subject to the grievance
procedure.
H. The County Human Resources Department shall
monthly furnish a list of all new hires to the Union.
AFSCME Local 512 _ 10 - 1999-2002 MOU
SECT10 ''2 - UNION SECURITY
1. in the event that employees in a bargaining unit
represented by the Union vote to rescind Agency
Shop, the provisions of Sections 2.3 and 2.4 shall
apply to dues-paying members of the Union.
2.3 Maintenance of Membership. All employees in
the Income Maintenance Program Unit, Clerical
Supervisory Unit, Social Service Staff Specialist Unit,
Probation Supervisor Unit, Engineering Technician Unit,
Property Appraiser Unit, and Sheriffs Non-Sworn
Management Unit who are currently paying dues to the
Union and all employees in that unit who hereafter
become members of the Union shall as a condition of
continued employment pay dues to the Union for the
duration of this MOU and each year thereafter so long as
the Union continues to represent the class to which the
employee is assigned, unless the employee has exercised
the option to cease paying dues in accordance with
Section 2.5.
2.4 Union Dues Form. Employees hired into
classifications assigned in bargaining units cited in Section
2.3 above shall, as a condition of employment at the time
of employment, complete a Union dues authorization form
provided by the Union and shall have deducted from their
paychecks the membership dues of the Union. Said
employee shall have thirty (30) days from the date of hire
to decide if he/she does not want to become a member of
the Union. Such decision not to become a member of the
Union must be made in writing to the Auditor-Controller
with a copy to the Labor Relations Division within said
thirty (30) day period. If the employee decides , not to
AFSCME Local 512 - 11 - 1999-2002 MOU
SECTION 2 - UN"IN SECURITY
become a member of the Union, any Union dues
previously deducted from the employee's paycheck shall
be returned to the employee and said amount shall be
deducted from the next dues deduction check sent to the
Union. If the employee does not notify the County in
writing of the decision not to become a member within the
thirty (30) day period, he/she shall be deemed to have
voluntarily agreed to pay the dues of the Union.
Each such dues authorization form referenced above shall
include a statement that the Union and the County have
entered into a MOU, that the employee is required to
authorize payroll deductions of Union dues as a condition
of employment, and that such authorization may be
revoked within the first thirty (30) days of employment
upon proper written notice by the employee within said
thirty (30) day period as set forth above. Each such
employee shall, upon completion of the authorization form,
receive a copy of said authorization form which shall be
deemed proper notice of his or her right to revoke said
authorization.
2.5 Withdrawal of Membership. By notifying the
Auditor-Controller's Office in writing, between August 1 ,
2002 and August 31 , 2002, any employee assigned to a
classification in the Income Maintenance Program Unit,
Clerical Supervisory Unit, Social Service Staff Specialist
Unit, Probation Supervisor Unit, Property Appraiser Unit,
and Sheriffs Non-Sworn Management Unit may withdraw
from Union membership and discontinue paying dues as
of the payroll period commencing September 1 , 2002,
discontinuance of dues payments to then be reflected in
AFSCME Local 512 - 12 - 1999-2002 MOU
SECTIQ "I - UNION SECURITY
the October 10th paycheck. Immediately upon the close of
the above mentioned thirty (30) day period the Auditor-
Controller shall submit to the Union a list of the employees
who have rescinded their authorization for.dues deduction.
2.6 Communicating With Employees. The Union
shall be allowed to use designated portions of bulletin
boards or display areas in public portions of County
buildings or in public portions of offices in which there are
employees represented by the Union, provided the
communications displayed have to do with matters within
the scope of representation and further provided that the
employee organization appropriately posts and removes
the information. The Department Head reserves the right
to remove objectionable materials after consultation with
the Union.
Representatives of the Union, not on County time, shall be
permitted to place a supply of employee literature at
specific locations in County buildings if arranged through
the Department Head or designated representative; said
representatives may distribute employee organization
literature in work areas (except work areas not open to the
public) if the nature of the literature and the proposed
method of distribution are compatible with the work
environment and work in progress. Such placement and/or
distribution shall not be performed by on duty employees.
The Union shall be allowed access to work locations in
which it represents employees for the following purposes:
a. to post literature on bulletin boards;
AFSCME Local 512 - 13 - 1999-2002 MOU
SECTION 2 - UNI V SECURITY
b. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as
indicated above;
d. to represent an employee on a grievance and/or
to contact a Union Officer on a matter within the
scope of representation.
In the application of this provision, it is agreed and
understood that in each such instance advance
arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the
departmental representative in charge of the work area
and the visit will not interfere with County services.
2.7 Use of Countv Buildings. The Union shall be
allowed the use of areas normally used for meeting
purposes for meetings of County employees during non-
work hours when:
a. such space is available and its use by the Union
is scheduled twenty-four (24) hours in advance;
b. there is no additional cost to the County;
C. it does not interfere with normal County
operations;
d. employees in attendance are not on duty and are
not scheduled for duty;
AFSCME Local 512 - 14 - 1999-2002 MOU
SECTIO'" ? - UNION SECURITY
e. the meetings are on matters within the scope of
representation.
The administrative official responsible for the space shall
establish and maintain scheduling of such uses. The
Union shall maintain proper order at the meeting and see
that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally
used in the conduct of business meetings such as desks,
chairs, ashtrays and blackboards) is strictly prohibited,
even though it may be present in the meeting area.
268 Advance Notice. The Union shall, except in
cases of emergency, have the right to reasonable notice of
any ordinance, rule, resolution or regulation directly
relating to matters within the scope of representation
proposed to be adopted by the Board, or boards and
commissions designated by the Board, and to meet with
the body considering the matter.
The listing of an item on a public agenda, or the mailing of
a copy of a proposal at least seventy-two (72) hours
before the item will be heard, or the delivery of a copy of
the proposal at least twenty-four (24) hours before the item
will be heard; shall constitute-notice.
In cases of emergency when the Board, or boards and
commissions designated by the Board, determines it must
act immediately without such notice or meeting, it shall
give notice and opportunity to meet as soon as practical
after its action.
AFSCME local 512 - 15 - 1999-2002 MOU
SECTION 2 - UN-�N SECURITY
2.9 Written Statement for New Employees. The
County will provide a written statement to each new
employee hired into a classification in any of the
bargaining units represented by the Union, that the
employee's classification is represented by the Union and
the name of a representative of the Union. The County will
provide the employee with a packet of information which
has been supplied by the Union and approved by the
County.
2.10 Section 18 of 1977/79 MOU. Section 18 of the
1977-1979 MOU between the County and Associated
County Employees/AFSCME shall continue for the
duration of this MOU.
2.11 P.E.O.P.L.E. Employees in classifications
represented by Professional & Technical Employees,
Local 512, AFSCME, may make voluntary, monetary
monthly contributions to P.E.O.P.L.E., said contributions to
be deducted from employees' pay by the County and
remitted to AFSCME, P.E.O.P.L.E. (Public Employees
Organized to Promote Legislative Equality).
2.12 Assignment of Classes to Bargaining Units.
The County shall assign new classes in accordance with
the following procedure:
A. Initial Determination. When a new class title is
established, the Labor Relations Manager shall
review the composition of existing representation
units to determine the appropriateness of
including some or all of the employees in the new
AFSCME Local 512 - 16 - 1999-2002 MOU
SECTION 3 °!VO DISCRIMINATION
Class in one or more existing representation
units, and within a reasonable period of time,
shall notify all recognized employee organizations
of his/her determination.
B. Final Determination. His/her determination is final
unless, within ten (10) days after notification, a
recognized employee organization requests in
writing to meet and confer thereon.
G. Meet and Confer and Other S#els. He/she shall
meet and confer with such requesting
organizations (and with other recognized
employee organizations where appropriate) to
seek agreement on this matter within sixty (60)
days after the ten-day period in Subsection B,
unless otherwise mutually agreed. Thereafter, the
procedures in cases of agreement and
disagreement, arbitration referral and expenses,
and criteria for determination shall conform to
those in Subsections (d) through (i) of Section 34-
12.008 of Board Resolution 81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed,
color, national origin, sex, sexual orientation or Union
activities against any employee or applicant for
employment by the County or by anyone employed by the
County; and to the extent prohibited by applicable State
and Federal law there shall be no discrimination because
AFSCME Local 512 _ 17 - 1999-2002 MOU
SECTION 3 - NO '`'SCRIMINATION
of age. There shall be no discrimination against any
disabled person solely because of such disability unless
that disability prevents the person from meeting the
minimum standards established for the position, or from
carrying out the duties of the position safely. There shall
be no discrimination because of Union membership or
legitimate Union activity against any employee or applicant
for employment by the County or anyone employed by the
County.
Americans With Disabilities Act (ADA). The County and
the Union recognize that the County has an obligation to
reasonably accommodate disabled employees. If by
reason of the aforesaid requirement, the County
contemplates actions to provide reasonable
accommodation to an individual employee in compliance
with the ADA which are in conflict with any provision of this
MOU, the Union will be advised of any such proposed
accommodation. Upon request, the County will meet and
confer with the Union on the impact of such
accommodation. If the County and the Union do not reach
agreement, the County may implement the
accommodation if required by law without further
negotiations. Nothing in this MOU shall preclude the
County from taking actions necessary to comply with the
requirements of the Americans With Disabilities Act.
AFSCME Local 512 - 18 - 1999-2002 MOU
SECTION 4 - SHOP STEWARDS AND OFFICIAL REPRESENTATIVES
SECTION 4 - SHOP STEWARDS AND OFFICIAL
REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated
as shop stewards or official representatives of the Union
shall be allowed to attend meetings held by County
agencies during regular working hours on County time as
follows:
a. if their attendance is required by the County at a
specific meeting;
b. if their attendance is sought by a hearing body or
presentation of testimony or other reasons;
C. if their attendance is required for meeting
required for settlement of grievances filed
pursuant to Section 26 -- Grievance Procedure of
this Memorandum;
d. if they are designated as a shop steward, in
which case they may utilize a reasonable time at
each level of the proceedings to assist an
employee to present a grievance, provided the
meetings are scheduled at reasonable times
agreeable to all parties;
e. if they are designated - as spokesperson or
representative of the Union and as such make
representations or presentations at meetings or
hearings on wages, salaries and working
conditions provided in each case advance
AFSCME Local 512 - 19 - 1999-2002 MOU
SECTION 4 - SHnIP STEWARDS AND OFFICIA _ REPRESENTATIVES
arrangements for time away from the employee's
work station or assignment are made with the
appropriate department head, and the County
agency calling the meeting is responsible for
determining that the attendance of the particular
employee(s) is required;
f. to attend examination appeal board hearings to
assist an employee in making a presentation.
4.2 Union Representative. Official representatives
of the Union shall be allowed time off on County time for
meetings during regular working hours when formally
meeting and conferring in good faith or consulting with the
Labor Relations Officer or other management
representatives on matters within the scope of
representation, provided that the number of such
representatives shall not exceed two (2) without prior
approval of the Labor Relations Officer, and that advance
arrangements for the time away from the work station or
assignment are made with the appropriate Department
Head.
Engineering Technician Unit - 2
Income Maintenance Program Unit - 2
Clerical Supervisory Unit - 2
Social Service Staff Specialist Unit - 2
Probation Supervisor Unit - 2
Sheriffs Non-Sworn Management Unit - 2
Property Appraiser Unit - 2
AFSCME Local 512 - 20 - 1999-2002 MOU
S -CT
ION 5- SALARIES
4.3 Release Time for Training. The County shall
provide the Union a maximum of seventy-five (75) total
hours per year of release time for Union designated
stewards or officers to attend Union-sponsored training
programs.
Requests for release time shall be provided in writing to
the Department and County Human Resources at least
fifteen (15) days in advance of the time requested.
Department Heads will reasonably consider each request
and notify the affected employee whether such request is
approved, within one (1 ) week of receipt.
SECTION 5 - SALARIES
5.1 General Wage Increases.
A. The following wage increases are effective for
employees represented by AFSCME, Local 512:
October 1 , 1999: 5.0% increase
October 1 , 2000: 3.0% increase
October 1 , 2001 : 4.0% increase
A five percent (5%) Lump Sum Pay will be
calculated for all eligible earnings. This includes
employee regular pay, overtime pay and specific
-other earnings computed as a percentage of
base pay from October 1 , 1999 through March
31 , 2000.
AFSCME Local 512 - 21 - 1999-2002 MOU
SECTION 5 - SA' ARIES
The October 1 , 1999 increase will be paid
retroactively in a lump sum payment to each
employee for the period October 1 , 1999 through
March 1 , 2000, without interest.
The payment amount thus computed will be paid
on the May 10, 2000 pay warrant as a "Lump
Sum Payment" and will be subject to normal tax
withholding and retirement deduction
requirements.
B. Effective October 1 , 1999, the base pay of the
Accredited Record Technician (VNTC $2941 -
$3574) classification shall be reallocated to
$2927-$3738.
C. Effective October 1 , 1999, the base pay of the
Account Clerk Supervisor (JDHD $2881-$3680)
classification shall be reallocated to $3074-
$3926.
D. Effective October 1 , 1999, the County agrees to
incorporate the 8.5% CalWORKS differential into
the base pay of the classification of Eligibility
Work Supervisor 1.* Effective January 1 , 20001
the County agrees to increase the base pay of
the Eligibility Work Supervisor I classification by
1 .28%.*
E. Effective October 1 , 1999, the base pay of the
classifications of General Assistance Hearing
Representative (XHSA) and General Assistance
AFSCME Local 512 - 22 - 1999-2002 MOU
:c'TCTION 5- SALARIES
Hearing Representative-Project (XHS1 ) shall be
increased by 8.5%. Effective January 1 , 2000, the
County agrees to increase the base pay of the
classifications of General Assistance Hearing
Representative (XHSA) and General Assistance
Hearing Representative-Project (XHS1 ) by
1 .28%.
F. Effective January 1 , 2000, the base pay of the
classification of Social Service Welfare Fraud
Investigations Supervisor (XLHA) shall be
increased by 4.86%.
G. Incumbents in the classifications of Engineering
Technician-Entry (NSTH), Engineering
Technician-Journey (NSTJ), and Engineering
Technician-Senior (NSTK) in the Public Works
Department shall receive an increase of seventy-
seven (77) levels (8.0001%) - in base salary
retroactive to January 1 , 1999.
H. Effective October 1 , 2000, the classifications of
Junior Appraiser (DAWA) and Assistant
Appraiser (DAVA) shall receive an equity
adjustment of five percent (5%) in base pay.
1. Effective October 1 , 1999, the base salary of the
classification of Detention Services Supervisor
(64NA) will be increased by five_ percent (5%). ,
J. Effective October 1 , 1999, the . salary of the
Family Support Payment Distribution Supervisor
AFSCME Local 512 - 23 - 1999-2002 MOU
SECTION 5 - SA' WES
classification shall be reallocated to the salary of
Account Clerk Supervisor classification.
*Excludes Eligibility Work Supervisor I's receiving
the 10% differential for assignment to the
Service Integration Team (SIT) Family Service
Centers.
5.2 New Pay Equity 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, SEIU 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 the MOU between the County and the
individual participating Employee Organizations, and that
(2) 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.
AFSCME Local 512 - 24 - - 1999-2002 MOU
#''=CTION 5 - SALARIES
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 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 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 Management and
Unrepresented employees, shall be totaled and
multiplied by a factor of twenty percent (20%):
AFSCME Local 512 - 25 - 1999 2002 MOU
SECTION 5 - SAI 4RIES
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 Dates. The County agrees that any pay
equity increases will be effective ninety (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
AFSCME local 512 - 26 - 1999-2002 MOU
S-o"TION 5 - SALARIES
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 (5) 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 ($5090) 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 the position to which
the appointment is made. However, the appointing
authority may fill a particular position at a step above the
minimum of the range.
5.4 Certification Rule.
A. Open Employment List. On each request for
personnel from an open employment list, ten (10)
names shall be certified. If more than one (1 )
position is to be filled in any class in a department
at the same time from the same request for
personnel, the number of names to be certified
from an open employment list shalt be equal to
the number of positions to be filled plus nine (9).
AFSCME Local 512 - 27 - 1999-2002 MOU
SECTION 5 - SP' ARIES
B. Promotional Employment List. On each request
for personnel from a promotional employment list,
five (5) names shall be certified. If more than one
(1 ) position is to be filled in any class in a
department at the same time from the same
request for personnel, the number of names to be
certified from a promotional employment list shall
be equal to the number of positions to be filled
plus four (4).
5.5 Anniversary Dates. Except as may otherwise be
provided for in deep class resolutions, anniversary dates
will be set as follows:
A. New Employees. The anniversary date of a new
employee is the first day of the calendar month
after the calendar month when the employee
successfully completes six (6) months service;
provided however, if an employee began work on
the first regularly scheduled workday of the
• month, the anniversary date is the first day of the
calendar month when the employee successfully
completes six (6) months service.
B. Promotions. The anniversary date of a promoted
employee is determined as for a new employee in
Subsection 5.5.A above.
C. Demotions. The anniversary of a demoted
employee is the first day of the calendar month
after the calendar month when the demotion was
effective.
AFSCME Local 512 - 28 - 1999-2002 MOU
S"' TION 5 - SALARIES
D. Transfer Reallocation and Reclassification. The
anniversary date of an employee who is
transferred to another position or one whose
position has been reallocated or reclassified to a
class allocated to the same salary range or to a
salary range which is within five percent (5%) of
the top step of the previous classification,
remains unchanged.
E. Reemployments. The anniversary of an
employee appointed from a reemployment list to
the first step of the applicable salary range .and
not required to serve a probation period is
determined in the same way as the anniversary
date is determined for a new employee who is
appointed the same date, classification and step,
and who then successfully completes the
required probationary period.
F. Outside Appointment. Notwithstanding other
provisions of this Section 5, the anniversary of an
employee who is appointed to a . classified
position from outside the County's merit system
at a rate above the minimum salary for the
employee's new class, or who is transferred from
another governmental entity to this County's merit
system, is one (1 ) year from the first day of the
calendar month after the calendar month when
the employee was appointed or transferred;
provided, however, when the appointment or
transfer is effective on the employee's .first
regularly scheduled work day of that month,
AFSCME Local 512 - 29 - 1999-2002 MOU
SECTION 5 - SA' ARIES
his/her anniversary is one (1 ) year after the first
calendar day of that month.
5,6 Increments Within Range. The performance of
each employee, except employees already at the
maximum salary step of the appropriate salary range, shall
be reviewed on the anniversary date as set forth in Section
5.5 to determine whether the salary of the employee shall
be advanced to the next higher step in the salary range.
Advancement shall be granted on the affirmative
recommendation of the appointing authority, based on
satisfactory performance by the employee. The appointing
authority may recommend denial of the increment or
denial subject to one additional review at some specified
date before the next anniversary, such date to be set at
the time the original. report is returned. This decision may
be appealed through the grievance procedure.
Except as herein provided, increments within range shall
not be granted more frequently than once a year, nor shall
more than one (1 ) step within-range increment be granted
at one time, except as otherwise provided in deep-class
resolutions. In case an appointing authority recommends
denial of the within range increment on some particular
anniversary date, but recommends a special salary review
at some date before the next anniversary, the special
salary review shall not affect the regular salary review on
the next anniversary date. Nothing herein shall be
construed to make the granting of increments mandatory
on the County. If an operating department verifies in
writing that an administrative or clerical error was made in
failing to submit the documents needed to advance an
AFSCME Local 512 - 3o - 1999-2002 MOU
:eCTION 5 - SALARIES
employee to the next salary step on the first of the month
when eligible, said advancement shall be made retroactive
to the first of the month when eligible.
5.7 Part-Time Compensation. A part-time employee
shall be paid a monthly salary in the same ratio to the full
time monthly rate to which the employee would be entitled
as a full time employee under the provisions of this
Section 5 as the number of hours per week in the
employee's part-time work schedule bears to the number
of hours in the full time work schedule of the department.
5.8 Compensation for Portion of Month and
Permanent-Intermittent Compensation. Any employee
who works less than any full calendar month, except when
on earned vacation or authorized sick leave, shall receive
as compensation for services an amount which is in the
same ratio to the established monthly rate as the number
of days worked is to the actual working days in such
employee's normal work schedule for the particular month;
but if the employment is intermittent, compensation shall
be on an hourly basis, which is calculated on the number
of hours in the month worked plus five percent (5%) above
.the salary step earned.
5.9 Position Reclassification. An employee who is
an incumbent of a position which is reclassified to a class
which is allocated to the same range of the basic salary
schedule as is the class of the position before it was
reclassified, shall be paid at the same step of the range as
the employee received under the previous classification.
AFSCME Local 512 - 31 - 1999-2002 MOU
SECTION 5 -SA' ARIES
An incumbent of a position which is reclassified to a class
which is allocated to a lower range of the basic salary
schedule shall continue to receive the same salary as
before the reclassification, but if such salary is greater
than the maximum of the range of the class to which the
position has been reclassified, the salary of the incumbent
shall be reduced to the maximum salary for the new
classification. The salary of an incumbent of a position
which is reclassified to a class which is allocated to a
range of the basic. salary schedule greater than the range
of the class of the position before it was reclassified shall
be governed by the provisions of Section 5.11 - Salary on
Promotion.
5.10 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an
employee in a class which is reallocated to a
salary range above or below that to which it was
previously allocated, when the number of steps
remain the same, shall be compensated at the
same step in the new salary range the employee
was receiving in the range to which the class was
previously allocated. If the reallocation is from
one salary range with more steps to a range with
fewer steps or vice versa, the employee shall be
compensated at the step on the new range which
is in the same percentage ratio to the top step of
the new range as was the salary received before
reallocation to the top step of the old range, but in
no case shall any employee be compensated at
AFSCME Local 512 - 32 - 1999-2002 MOU
S'CTION 5 - SALARIES
less than the first step of the range to which the
class is allocated.
B. In the event that a classification is reallocated
from a salary range with more steps to a salary
range with fewer steps on the salary schedule,
apart from the general salary increase or
decrease described in 5.10.A above, each
incumbent of a position in the reallocated class
shall be placed upon the step of the new range
which equals the rate of pay received. before the
reallocation. In the event that the steps in the
new range do not contain the same rates as the
old range, each incumbent shall be placed at the
step of the new range which is next above the
salary rate received in the old range, or if the new
range does not contain a higher step, at the step
which is next lower than the salary received in the
old range.
C. In the event an employee is in a position which is
reallocated to a different class which is allocated
to a salary range the same as, above, or below
the salary range of the employee's previous
class, the incumbent shall be placed at the step
in the new class which equals the rate. of pay
received before reallocation. In the event that the
steps in the range for the new class do not
contain the same rates as the range for the old
class, the incumbent shall be placed at the step
of the new range which is next above the salary
rate received in the old range; or if the new range
AFSCME Local 512 - 33 - 1999-2002 MOU
SECTION 5 - SA.' 'RIES
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 5.11 .
5.11 Satar)t on Promotion. Any employee who is
appointed to a position of a class allocated to a higher
salary range than the class previously occupied, except as
provided under Section 5.13, shall receive the salary in the
new salary range which is next higher than the rate
received before promotion. In the event this increase is
less than five percent (5%), the employee's salary shall be
adjusted to the step in the new range which is at least five
percent (5%) greater than the next higher step; provided,
however, that the next step shall not exceed the maximum
salary for the higher class. In the event of the appointment
of a .laid off employee from the layoff list to the class from
which the employee was laid off, the employee shall be
appointed at the step which the employee had formerly
attained in the higher class unless such step results in a
decrease in which case the employee is appointed to the
next higher step. If however, the employee is being
appointed into a class allocated to a higher salary range
than the class from which the employee was laid off, the
salary will be calculated from the highest step the
employee achieved prior to layoff, or from the employee's
current step, whichever is higher.
AFSCME Local 512 - 34 - 1999-2442 MOU
`'7CTION 5 - SALARIES
5.12 Salary on Involuntary Demotion. Any employee
who is demoted, except as provided under Section 5.14,
shall have his/her salary reduced to the monthly salary
step in the range for the class of position to which he/she
has been demoted next lower than the salary received
before demotion. In the event this decrease is less than
five percent (5%), the employee's salary shall be adjusted
to the step in the new range which is five percent (5%)
less than 'the next lower step; provided, however, that the
next step shall not be less than the minimum salary for the
lower class.
Whenever the demotion is the result of layoff, cancellation
of positions or displacement by another employee with
greater seniority rights, the salary of the demoted
employee shall be that step on the salary range which
he/she would have achieved had he/she been
continuously in the position to which he/she has been
demoted, all within-range increments having been granted.
5.13 Salary on Voluntary Demotion. Whenever any
employee voluntarily demotes to a position in a class
having a salary schedule lower than that of the class from
which he or she demotes, his or her salary shall remain
the same if the steps in his or her new (demoted) salary
range permit, and if not, new salary shall be set at the step
next below former salary.
5.14 Transfer. An employee who is transferred from
one position to another as described under "Transfer" shall
be placed at the step in the salary range of the new class
which equals the rate of pay received before the transfer.
AFSCME Local 512 - 35 - 1999-2002 MOU
SECTION 5 - SA " 1RIES
In the event that the steps in the range for the new class
do not contain the same rates as the range for the old
class, the employee shall be placed at the step of the new
range which is next above the salary rate received in the
old range; or if the new range does not contain a higher
step, the employee shall be placed at the step which is
next lower than the salary received in the old range.
Whenever a permanent employee transfers to or from a
deep class, as provided in the appropriate deep class
resolutions, the salary of the employee shall be set as
provided in the deep class resolutions at a step not to
exceed a five percent (5%) increase in the employee's
base salary.
However, if the deep class transfer occurs to or from a
deep class with specified levels identified for certain
positions and their incumbents, the employee's salary in
the new class shall be set in accordance with the section
on "Salary on Promotion" if the employee is transferring to
_another class or to a level in a deep class for which the
salary is at least five percent (5%) above the top base step
of the deep class level or class in which they have status
currently.
5.15 Pay for Work in Higher Classification. When
an employee in a permanent position in the merit system
is required to work in a classification for which the
compensation is greater than that to which the employee
is regularly assigned, the employee shall receive
compensation for such work at the rate of pay established
for the higher classification pursuant to Subsection 5.11
AFSCME Local 512 - 36 - 1999-2002 MOU
S=CTION 5 - SALARIES
Salary on Promotion of this Memorandum, commencing
on the 41s' consecutive hour in 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.
C. Employee 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. Higher pay assignments shall not exceed six (0)
months except through reauthorization.
f. If approval is granted for pay for work in a higher
classification and the assignment is terminated
and later reapproved for the same employee
within thirty (30) days no additional waiting period
will be required.
AFSCME Local 512 - 37 - 1999-2002 MOU
SECTION 5 - SQ ARIES
g. Any incentives (e.g., the education incentive) and
special differentials (e.g., bilingual differential and
hazardous duty differential) accruing to the
employee in his/her permanent position shall
continue.
h. During the period of work for higher pay in a
higher 'classification, an employee will retain
his/her permanent classification, and anniversary
and salary review dates will be determined by
time in that classification; except that if the period
of work for higher pay in a higher classification
exceeds one (1 ) year continuous employment,
the employee, upon satisfactory performance in
the higher classification, shall be eligible for a
salary review in that class on his/her next
anniversary date. Notwithstanding any other
salary regulations, the salary step placement of
employees appointed to the higher class
immediately following termination of the
assignment, shall remain unchanged.
i. Allowable overtime pay, shift differential and/or
work location differentials will be paid on the
basis of the rate of pay for the higher class.
5.16 Building Supervisor Differential. Institutional
Supervisor I's in Juvenile Hall and Summit Center will
receive a seven and one half percent (7.5%) differential
premium pay when assigned as Building Supervisor,
commencing with the first hour worked while substituting
for the Institutional Supervisor Il.
AFSCME Local 512 - 38 - 1999-2002 MOU
�'`CTION 5 - SALARIES
5.17 Payment. On the tenth (1 Qth) day of each month,
the Auditor will draw a warrant upon the Treasurer in favor
of each employee for the amount of salary due the
employee for the preceding month; provided, however,
that each employee (except those paid on an hourly rate)
may choose to receive an advance on the employee's
monthly salary, in which case the Auditor shall, on the
twenty-fifth (25th) day of each month, draw his/her warrant
upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3)
or less, at the employee's option, of the employee's basic
salary of the previous month except that it shall not exceed
the amount of the previous month's basic salary less all
requested or required deductions.
The election to receive an advance shall be made on or
before April 34 or October 31 of each year or during the
first month of employment by filing on forms prepared by
the Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the
month following the deadline for filing the notice and shall
remain effective until revoked.
In the case of an election made pursuant to this Section,
all required or requested deductions from salary shall be
taken from the second installment, which is payable on the
tenth (1Oth) day of the following month.
AFSCME Local 512 - 39 - 1999 2002 MOU
SECTION 5 - SAI 4RIES
5.18 Pav Warrant Errors: If an employee receives a
pay warrant which has an error in the amount of
compensation to be received and if this error occurred as
a result of a mistake by the Auditor-Controller's
Department, it is the policy of the Auditor-Controller's
Department that the error will be corrected and a new
warrant issued within forty-eight (48) hours, exclusive of
Saturdays, Sundays and holidays from the time the
Department is made aware of and verifies that the pay
warrant is in error.
Pay errors in employee pay shall be corrected as soon as
possible as to current pay rate but that no recovery of
either overpayments or underpayments to an employee
shall be made retroactively except for the six (6) month
period immediately preceding discovery of the pay error.
This provision shall apply regardless of whether the error
was made by the employee, the appointing authority or
designee, the Director of Human Resources or designee,
or the Auditor-Controller or designee. Recovery of
fraudulently accrued over or underpayments are excluded
from this section for both parties.
When the County notifies an employee of an overpayment
and proposed repayment schedule and the employee
wishes to meet with the County, a meeting will be held at
which time a repayment schedule shall be determined. If
requested by the employee, a Union representative may
be present at a meeting with management to discuss a
repayment schedule in the case of overpayments to the
employee.
AFSCME Local 512 - 40 - 1999-2002 MOU
SECTION 6 - DAYS A ND HOURS OF WORK
SECTION 6 - DAYS AND HOURS OF WORK
The normal work week of County employees is forty (40)
hours between 12:01 a.m. Monday to 12:00 midnight
Sunday, usually five (5) eight (8) hour days. However,
where operational requirements of a department require
deviations from the usual pattern of five (5) eight (8) hour
days per work week, an employee's work hours may be
scheduled to meet these requirements. The Department
Head shall prepare written schedules in advance to
support all deviations, and encompassing the complete
operational cycle contemplated.
The work week for employees in the 4/10 shift is four (4)
ten (10) hour working days during a work week consisting
of any. seven (7) day period. If the County wants to
eliminate any existing 4/10 shift and substitute a 5/8 shift
or to institute a 4/10 shift which does not allow for three (3)
consecutive days off (excluding overtime days or a change
of shift assignment), it will meet and confer with the Union
prior to implementing said new shift.
The Probation Department agrees to continue a 9/80 work
schedule program for those Institutional Supervisor I
employees who work the graveyard shift at Juvenile Hall
with the following conditions:
a. The 9/80 program does not negatively impact the
operations of the Juvenile Hail graveyard shift;
b. The 9/80 program will not result in additional staff
costs;
AFSCME Local 512 -41 - 1999 2002 MOU
SECTION 7- OV'-QTIME AND COMPENSATO( ' TIME
C. The 9/80 work schedule. will be optional to the
assigned Institutional Supervisor I employee.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work
performed in excess of forty (40) hours per week or eight
(8) hours per day. Overtime for 4/10 shift employees is any
work performed beyond ten (10) hours per day or forty
(40) hours per week. All overtime shall be compensated at
the rate of one and one-half (1-1/2) times the employee's
base rate of pay (not including shift and other special
differentials).
Overtime for permanent employees is earned and credited
in a minimum of one-half (1/2) hour increments and is
compensated by either pay or compensatory time off.
Employees entitled to overtime credit for holidays- in
positions which work around the clock (such as the County
hospital, the Sheriffs office and jails, and the juvenile hall
and boys' ranch) shall be provided a choice as to whether
they shall be paid at the overtime rate or shall receive
compensatory time off at the rate of one and one-half (1-
1/2) hours compensatory time off for each hour worked.
Such compensatory time off, and the accumulation thereof
shall be in addition to the total vacation accumulation
permitted under the terms of this MOU. The specific
provision of this accumulation is set forth in Section 13.3 of
this MOU. Regular overtime for twenty-four (24) hour
AFSCME Local 512 -42 - 1999-2002 MOU
,ccCTION 7- OVERTIME AND rOMPENSA TORY TIME
institutional employees may be accrued as compensatory
time in accordance with Section 7.2 of this MOU.
7.2 Compensatory Time. The following provisions
shall apply:
a. Employees may periodically elect to accrue
compensatory time off in lieu of overtime pay.
Eligible employees must notify their Department
Head or his or her designee of their intention to
accrue compensatory time off or to receive
overtime pay at least thirty (30) days in advance
of the change.
b. The names of those employees electing to
accrue compensatory time off shall be placed on
a list maintained by the Department. Employees
who become eligible (i.e., newly hired employees,
employees promoting, demoting, etc.) for
compensatory time off in accordance with these
guidelines must elect to accrue compensatory
time or they will be paid for authorized overtime
hours worked.
C. Compensatory time off shall be accrued at the
rate of one and one-half (1-1/2) times the actual
authorized overtime hours worked by the
employee.
d. Employees may not accrue a compensatory time
off balance that exceeds one hundred twenty
(120) hours (i.e., eighty (80) hours at time and
AFSCME Local 512 -43 - 1999-2002 MOU
SECTION 7- OVmRTIME AND COMPENSATO' ' TIME
one-half). Once the maximum balance has been
attained, authorized overtime hours will be paid at
the overtime rate. If the employee's balance falls
below one hundred twenty (120) hours, the
employee shall again accrue compensatory time
off for authorized overtime hours worked until the
employee's balance again reaches one hundred
twenty (120) hours.
e. Accrued compensatory time off shall be carried
over for use in the next fiscal year; however, as
provided in D. above, accrued compensatory time
off balances may not exceed one hundred twenty
(120) hours.
f. Employees may not use more than one hundred
twenty (120) hours of compensatory time off in
any fiscal year period (July 1 - June 30).
g. The use of accrued compensatory time off shall
be by mutual agreement between the Department
Head or his/her designee and the employee.
Compensatory time off shall not be taken when
the employee should be replaced by another
employee who would be eligible to receive, for
time worked, either overtime payment or
compensatory time accruals as provided for in
this Section. This provision may be waived at the
discretion of the Department Head or his or her
designee.
AFSCME Local 512 - 44 - 1999-2002 MOU
S''^TION 7- OVERTIME AND CnMPENSATORY TIME
h. When an employee promotes, demotes or
transfers from one classification eligible for
compensatory time off to another classification
eligible for compensatory time off within the same
department, the employee's accrued
compensatory time off balance will be carried
forward with the employee.
L Compensatory time accrual balances will be paid
off when an employee moves from one
department to another through promotion,
demotion or transfer. Said payoff will be made in
accordance with the provisions and salary of the
class from which the employee is promoting,
demoting or transferring as set forth in j. below.
j. Since employees accrue compensatory time off
at the rate of one and one-half (1-1/2) hours for
each hour of authorized overtime worked,
accrued compensatory time balances will be paid
off at the straight time rate (two-thirds (2/3) the
overtime rate) for the employee's current salary
whenever:
1 . the employee changes status and is no
longer eligible for compensatory time off;
2. the employee promotes, demotes or
transfers to another department;
3. the employee separates from County
service;
AFSCME Local 512 -45 - 1999 2002 MOU
SECTION 8 - CA L-BACK TIME
4. the employee retires.
k. The Office of the County Auditor-Controller will
establish timekeeping procedures to administer
this Section. .
7.3 Fair Labor Standards Act Provisions. The Fair
Labor Standards Act, as amended, may govern certain
terms and conditions of the employment of employees
covered by this MOU. It is anticipated that compliance with
the Act may require changes in some of the County
policies and practices currently in effect or agreed upon. If
it is determined by the County that certain working
conditions, including but not limited to work schedules,
hours of work, method of computing overtime, overtime
pay and compensatory time off entitlements or use, must
be changed to conform with the Fair Labor Standards Act,
such terms and conditions of employment shall not be
controlled by this MOU but shall be subject to modification
by the County to conform to the Federal Law, without
further meeting and conferring. The County shall notify the
Union (employee organizations) and will meet and confer
with said organization regarding the implementation of
such modifications.
SECTION 8 - CALL-BACK TIME
Any employee who is called back to duty shall be paid at
the appropriate rate for the actual time worked plus one (1 )
hour. Such employee called back shall be paid a minimum
of two (2) hours at the appropriate rate for each call-back.
AFSCME Local 512 -46 - 1999-2002 MOU
SECTI^N 9 - ON-CALL DUTY
SECTION 9 - ON-CALL DUTY
On-call duty is any time other than time when the
employee is actually on duty during which an employee is
not required to be on County premises but stand ready to
immediately report for duty and must arrange so that
his/her superior can reach him/her on ten (10) minutes
notice or less. An employee assigned to on-call time shall
be paid one (1 ) hour of straight time credit for each four (4)
hours on such on-call time unless otherwise provided in
the supplemental sections of this Agreement. Where on-
call arrangements exist, the Department Head shall
designate which employees are on-call unless otherwise
provided in the supplemental sections of this Agreement.
SECTION 10 - SHIFT DIFFERENTIAL
10.1 Shift Differential. In the hours which qualify
for shift differential, employees shall receive five percent
(5%) above their base salary rate.
To qualify for shift differential, 'an employee must have a
regularly assigned daily work schedule which requires:
a. completion of more than one and one-half (1-1/2)
hours over the normal actual working time; or
b. at least four (4) hours of actual working time from
5:00 p.m. through 9:00 a.m. inclusive. However,
employees who have been regularly working a
shift qualifying for shift differential immediately
AFSCME Local 512 -47 - 1999-2002 MOU
SECTION 90 - /IFT'DIFFERENTIAL
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.
10.2 Standards Division Differential. Associate
Appraisers assigned to the Standards Division of the
Assessor's Office shall receive a monthly differential in the
amount of two and one-half percent (2.5%) of monthly
base pay for each month assigned. This differential is in
recognition of the additional responsibilities and duties
required when assigned to the Standards Division.
The Associate Appraiser in the Standards Division who is
assigned the responsibility of providing lead direction and
training to subordinate Appraisers shall receive a monthly
differential in the amount of two and one-half percent
(2.5%) of monthly base pay in addition to the differential
described above.
AFSCME Local 512 -48'- 1999-2002 MOU
SECTION 11 'ENIORITY, WORKFORCE F17UCTION, LAYOFF&
REASSIGNMENT
SECTION 11 - SENIORITY, WORKFORCE REDUCTION.
LAYOFF & REASSIGNMENT
11.1 Workforce Reduction. In the event that funding
reductions or shortfalls in funding occur in a department or
are expected, which may result in layoffs, the department
will notify the union and take the following actions:
a. Identify the classifications) in which position
reductions may be required due to funding
reductions or shortfalls.
b. Advise employees in those classifications that
position reductions may occur in their
classifications.
C. Accept voluntary leaves of absence from
employees in those classifications which do not
appear to be potentially impacted by possible
position reductions when such leaves can be
accommodated by the department.
d. Consider employee requests to reduce their
position hours from full time to part time to
alleviate the impact of the potential layoffs.
e. Approve requests for reduction in hours, lateral
transfers, and voluntary demotions to vacant,
funded positions in classes not scheduled for
layoffs within the department, as well as to other
departments not experiencing funding reductions
AFSCME Local 512 - 49 - 1999 2002 MOU
SECTION 11 - SE 1ORITY, WORKFORCE REDS. TION, LAYOFF&
REASSIGNMENT
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.
I 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.
AFSCME Local 612 - 50 - 1999-2002 MOU
SECTION 11 ',ENIORITY, WORKFORCE F -SUCTION, LAYOFF&
REASSIGNMENT
11.2 Separation Through !layoff
A. Grounds for Layoff. Any employee(s) having
permanent status in position(s) in the merit
service may be laid off when the position is no
longer necessary, or for reasons of economy,
lack of work, lack of funds or for such other
reason(s) as the Board of Supervisors deems
sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a
department shall be based on inverse seniority in
the class of -positions, the employee in that
department with least seniority being laid off first
and so on.
C. Layoff By Displacement.
1 . In the Same Class. A laid off permanent full
time employee may displace an employee in
the department having less seniority in the
same class who occupies a permanent-
intermittent or permanent part-time position,
the least senior employee being displaced
first.
2. In the Same Level or Lower Class. A laid off
or displaced employee who had achieved
permanent status in a class at the same or
lower salary level as determined by the
salary schedule in effect at the time of layoff
may displace within the department and in
AFSCME Local 512 - 51 - 1999-2002 MOU
SECTION 11 - v VIORITY, WORKFORCE REE 'CTION, LAYOFF&
REASSIGNMENT
the class of an employee having less
seniority; the least senior employee being
displaced first, and so on with senior
displaced employees displacing junior
employees.
D. Particular Rules on Displacing.
1 . Permanent-intermittent and permanent part-
time employees may displace only
employees holding permanent positions of
the same type respectively.
2. A permanent full time employee may
displace any intermittent or part-time
employee with less seniority 1 ) in the same
class or, 2) in a class of the same or lower
salary level if no full time employee in a class
at the same or lower salary level has less
seniority than the displacing employees.
3. Former permanent full time employees who
have voluntarily become permanent part-
time employees for the purpose of reducing
the impact of a proposed layoff with the
written approval of the Director of Human
Resources or designee retain their
permanent full time employee seniority rights
for layoff purposes only and may in a later
layoff displace a full time employee with less
seniority as provided in these rules.
AFSCME Local 512 - 52 - 1999 2002 MOU
SECTION 11 SENIORITY, WORKFORCE f '4UCTION, LAYOFF&'
REASSIGNMENT
E. Seniority. An employee's seniority within a class
for layoff and displacement purposes shall be
determined by adding the employee's length of
service in the particular class in question to the
employee's length of service in other classes at
the same or higher salary levels as determined
by the salary schedule in effect at the time of
layoff. Employees reallocated or transferred
without examination from one class to another
class having a salary within five (5%) percent of
the former class, as provided in Section 305.2 of
the PMRs, shall carry the seniority accrued in the
former class into the new class. Employees
reallocated to a new deep class upon its initiation
or otherwise reallocated to a deep class because
the duties of the position occupied are
appropriately described in the deep class shall
carry into the deep class the seniority accrued or
carried forward in the former class and seniority
accrued in other classes which have been
included in the deep class. Service for layoff and
displacement purposes includes only the
employee's last continuous permanent County
employment. Periods of separation may not be
bridged to extend such service unless the
separation is a result of layoff in which case
bridging will be authorized if the employee is
reemployed in a permanent position within the
period of layoff eligibility.
Approved leaves of absence as provided for in
these rules and regulations shall not constitute a
AFSCME Local 512 - 53 - 1999.2002 MOU
SECTION 11 - Sl 7ORITY, WORKFORCE RED ;TION, LAYOFF&
REASSIGNMENT
period of separation. In the event of ties in
seniority rights in the particular class in question,
such ties shall be broken by length of last
continuous permanent County employment. If
there remain ties seniority rights, such ties shall
be broken by counting total time in the
department in permanent employment. Any
remaining ties shall be broken by random
selection among the employees involved.
F. Eligibility for Layoff. List. Whenever any person
who has permanent status is laid off, has been
displaced, has been demoted by displacement or
has voluntarily demoted in lieu of layoff or
displacement, or has transferred in lieu of layoff
or displacement, the person's name shall be
placed on the layoff list for the class of positions
from which that person has been removed.
G. Order of Names on Layoff List. First, layoff lists
shall contain the names of persons laid off,
displaced, or demoted as a result of a layoff or
displacement, or who have voluntarily demoted or
transferred in lieu of layoff or displacement.
Names shall be listed in order of layoff seniority in
the class from which laid off, displaced, demoted
or transferred on the date of layoff, the most
senior person listed first. In case of ties in
seniority, the seniority rules shall apply except
that where there is a class seniority tie between
persons laid off from different departments, the
tie(s) shall be broken by length of last continuous
AFSCME Local 512 - 54 - 1999 2002 MOU
SECTION 11 `ENIORITY, WORKFORCE R- SUCTION, LAYOFF&
REASSIGNMENT
permanent County employment with remaining
ties broken by random selection among the
employees involved.
H. Duration of Layoff and Reemplovment Rights.
The name of any person granted reemployment
privileges shall continue on the appropriate list for
a period of two (2) years. Persons placed on
layoff lists shall continue on the appropriate. list
for a period of four (4) years.
I. Certification of Persons From Layoff Lists. Layoff
lists contain the name(s) of person(s) laid off,
displaced or demoted by displacement or
voluntarily demoted in lieu of. layoff or transferred
in lieu of layoff or displacement. When a request
for personnel is received from the appointing
authority of a department from which an
eligible(s) was- laid off, the appointing authority
shall receive and appoint the eligible highest on
the layoff list from the department. When a
request for personnel is received from a
department from which an eligible(s) was not laid
off, the appointing authority shall receive and
appoint the eligible highest on the layoff list who
shall be subject to a probationary period. A
person employed from a layoff list shall be
appointed at the same step of the salary range
the employee held on the day of layoff.
J. Removal of Names from Reemployment & "a off
Lists. The Director of Human Resources may
AFSCME Local 512 - 55 - 1999-2042 MOU
SECTION 11 - Sr 'IORITY, WORKFORCE REQ :T/ON, LAYOFF&
REASSIGNMENT
remove the name of any eligible from a
reemployment or layoff list for any reason listed
below:
1 . For any cause stipulated in Section 404.1 of
the Personnel Management Regulations.
2. On evidence that the eligible cannot be
located by postal authorities.
3. an receipt of a statement from the
appointing authority or eligible that the
eligible declines certification or indicates no
further desire for appointment in the class.
4. If three (3) offers of permanent appointment
to the class for which the eligible list was
established have been declined by the
eligible.
5. If the eligible fails to respond to the Director
of Human Resources or the appointing
authority within ten (10) days to written
notice of certification mailed to the person's
last known address.
6. If the person on the reemployment or layoff
list is appointed to another position in the
same or lower classification, the name of the
person shall be removed.
AFSCME Local 512 - 56 - 1999-2002 MOU
SECTION 11 >ENIORITY, WORKFORCE R IUCTION, LAYOFF&
REASSIGNMENT
7. However, if the first permanent appointment
of a person on a layoff list is to a lower class
which has a top step salary lower than the
top step of the class from which the person
was laid off, the name of the person shall not
be removed from the layoff list. Any
subsequent appointment of such person
from the layoff list shall result in removal of
that person's name.
K. Removal of Names from Reemployment and
Layoff Certifications. The Director of Human
Resources may remove the name of-any eligible
from a reemployment or layoff certification if the
eligible fails to respond within five (5) days to a
written notice of certification mailed to the
person's last known address.
11 .3 Notice. The County agrees to give employees
scheduled for layoff at least ten (10) work days notice prior
to their last day of employment.
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).
AFSCME Local 512 - 57 - 1999-2002 MOU
SECTION 12 - H( JDA YS
11 .5 Reassignment of Laid Off Employees.
Employees who displaced within the same classification
from full time to part-time or intermittent status in a layoff,
or who voluntarily reduced their work hours to reduce the
impact of layoff, or who accepted a position of another
status than that from which they were laid off upon referral
from the layoff list, may request reassignment back to their
pre-layoff status (full time or part-time or increased hours).
The request must be in writing in accord with each
department's reassignment bid or selection process.
Employees will be advised of the reassignment procedure
to be followed to obtain reassignment back to their former
status at the time of the workforce reduction. The most
senior laid off employee in this status who requests such a
reassignment will be selected for the vacancy; except
when a more senior laid off individual remains on the layoff
list and has not been appointed back to the class from
which laid off, a referral from the layoff list will be made to
fill the vacancy.
SECTION 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe the
following holidays:
a. January 1st, known as New Year's Day
Third Monday in January known as Dr. M. L. King, Jr. Day
Third Monday in February, known as Presidents' Day
The last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving Day
AFSCME Local 512 - 58 - 1999-2002 MOU
Sr"TION 12 - HOLIDAYS
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may
by resolution designate as holidays.
b. Each employee shall accrue two (2) hours of
personal holiday credit per month. Such personal
holiday time may be taken in increments of one-
tenth hour (6 minutes), and preference of
personal holidays shall be given to employees
according to their seniority in their department as
reasonably as possible. No employee may
accrue more than forty (40) hours of personal
holiday credit beginning January 1 , 1988. On
separation from County service, an employee
shall be paid for any unused personal holiday
credits at the employee's then current pay rate.
12.2 Application of Holiday Credit. The
following provisions indicate how holiday credit is to be
applied:
a. Employees on the five (5) day Monday through
Friday work schedule shall be entitled to a
holiday whenever a holiday is observed pursuant
to the schedule cited above.
b. Employees on a work schedule other than
Monday through Friday shall be entitled to credit
for any holiday, whether worked or not, observed
by employees on the regular schedule.
AFSCME Local 512 - 59 - 1999-2002 MOU
SECTION 12 - R, JDA YS
C. For all employees, if a work day falls on a
scheduled holiday they shall receive overtime pay
or equivalent compensatory time credit (Holiday
Credit) for working the holiday, or if a holiday falls
on the day off of an employee, the employee
shall be given straight time pay or equivalent
compensatory time credit, unless otherwise
provided for in other sections of this MOU.
d. If any holiday listed in Section 12.1 .A above falls
on a Saturday, it shall be celebrated on the
preceding Friday. If any holiday listed in Section
12.1 .A falls on a Sunday, it shall be celebrated on
the following Monday.
The purpose of this plan is to equalize holidays between
employees on regular work schedule and those on other
work schedules.
12.3 Permanent Part-Time Employees. Permanent
part-time and permanent-intermittent employees who work
on a holiday shall receive overtime pay or compensatory
time credit for all hours worked, up to a maximum of eight
(8). For employees in the Animal Services Department
assigned to units or services on a shift operational cycle
(as designated by the appointing authority) which includes
Saturday (rather than Monday through Friday, eight (8)
hours per day or 9180 schedule). Holidays will be observed
on the day on which the holiday falls regardless if it is a
Saturday.
AFSCME Local 512 - 60 - 1999-2002 MOU
TION 92 - HOLIDAYS
12.4 4/10 Shift - Holiday .
A. Hofidav Shift Pay. For all employees, if a work
day falls on a scheduled holiday, they shall
receive overtime pay or equivalent compensatory
time credit (Holiday Credit) for working the
holiday for the first eight (8) hours worked; or if a
holiday falls on the day off of an employee, the
employee shall be given straight time pay or
equivalent compensatory time credit for eight (8)
hours.
B. Absence on Holiday. The maximum time charged
to sick leave, vacation or leave without pay on a
holiday shall be two (2) hours.
12.5 9/80 Shift Holidays.
A. Holiday Shift Pay. For all employees, if a work
day falls on a scheduled holiday, they shall
receive overtime pay or equivalent compensatory
time credit (Holiday Credit) for working the
holiday for the first eight (8) hours worked; or if a
holiday falls on the day off of an employee, the
employee shall be given straight time , pay or
equivalent compensatory time credit for eight (8)
hours.
B. Absence on Holiday. The maximum time charged
to sick leave, vacation, or leave without pay on a
holiday shall be one (1 ) hour.
AFSCME Local 512 - 61 - 1999-2002 MOU
SECTION 12 - H IDA YS
12.6 Accrual of Holiday Time & Credit. Employees
entitled to holiday credit shall be permitted to elect
between pay at the overtime rate or compensatory time off
in recognition of holidays worked.
The following procedures shall apply to this selection:
a. Any person who is eligible and who elects to
accrue holiday credit must agree to do so for a
full fiscal year (July 1 through June 30), or the
remainder thereof.
b. Employees starting work after a list of those
electing to accrue holiday credit has been
submitted to the Auditor and approved, will be
paid overtime unless they specifically requested
in writing within seven (7) calendar days to be
placed on the holiday credit accrual list.
C. Holiday time shall be accrued at the rate
specified above to a maximum of eight (8) hours
worked by the employee.
d. Accrued holiday credit may not be accumulated
in excess of two hundred eighty-eight (288)
working hours exclusive of regular vacation
accruals. After two hundred eighty-eight (288)
hours, holiday time shall be paid at the overtime
rate as specified above.
AFSCME Local 512 - 62 - 1999-2002 MOU
SE 'ION 13 - VACATION AND F D PERSONAL LEAVE
e. Accrued holiday credit may be taken off at times
determined by mutual agreement of the
employee and the Department Head.
f. Accrued holiday credit shall be paid off only upon
a change in status of the employee such as
separation, transfer to another department or
reassignment to a permanent-intermittent
position.
SECTION 13 - VACATION AND PAID PERSONAL
LEAVE
13.1 Vacation Allowance. Employees in permanent
positions are entitled to vacation with pay. Accrual is
based- upon straight time hours of working time per
calendar month of service and begins on the date of
appointment to a permanent position. Increased accruals
begin on the first of the month following the month in which
the employee qualifies. Accrual for portions of a month
shall be in minimum amounts of one (1 ) hour calculated on
the same basis as for partial month compensation
pursuant to Section 5.8 -- Compensation for Portion of
Month of this MOU. Vacation credits may be taken in one-
tenth hour (6 minute) increments but may not be taken
during the first six (6) months of employment except where
sick leave has been exhausted; and none shall be allowed
in excess of actual accrual at the time vacation is taken.
13.2 Vacation Leave on Reemployment from a
Layoff List. Employees with six (6) months or more
AFSCME Local 512 - 63 - 1999 2002 MOU
SECTION 13 - V' "A TION AND PAID PERSON '. LEAVE
service in a permanent position prior to their layoff, who
are employed from a layoff list, shall be considered as
having completed six (6) months tenure in a permanent
position for the purpose of vacation leave. The appointing
authority or designee will advise the Auditor-Controller's
Payroll Unit in each case where such vacation is
authorized so that appropriate Payroll system override
actions can be taken.
13.3 Vacation Accrual Rates. For employees in the
Social Service Staff Specialist Unit, Probation Supervisor
Unit and Sheriffs Non-Sworn. Management Unit, the rates
at which vacation credits accrue and the maximum
accumulation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
For employees in the Income Maintenance Program,
Engineering Technician, Property Appraiser, and Clerical
Supervisory Units, vacation credits accrue, and the
maximum accumulation thereof, are as follows:
AFSCME local 512 - 64 - 1999-2002 MOU
SEC fON 13 - VACATION AND PA PERSONAL LEAVE .
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
13.4 Accrual During Leave Without Pax. 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, I nor shall an employee who
is absent without pay accrue vacation credit during the
absence.
13.5 Vacation Allowance for Separated Employees.
On separation from County service, an employee shall be
paid for any unused vacation credits at the employee's
then current pay rate.
13.6 Preference. Vacation shall be given. to
employees according to their seniority in their department
as much as is reasonably possible.
13.7 Prorated Accruals. Employees in permanent
part-time and permanent-intermittent positions shall
AFSCME Local 512 - 65 - 1999 2002 MOU
SECTION 14 - S' -K LEAVE
accrue vacation benefits on a prorated basis as provided
in Section 36-2.006 of Board Resolution 81/1165.
SECTION 14 - SICK LEAVE
14.1 Purpose of Sick Leave. The primary purpose of
paid sick leave is to ensure employees against loss of pay
for temporary absences from work due to illness or injury.
It is a benefit extended by the County and may be used
only as authorized; it is not paid time off which employees
may use for personal activities.
14.2 Credits To and Charge�ga,,,ins# Sick Leave.
Sick leave credits accrue at the rate of eight (8) working
hours credit for each completed month of service, as
prescribed by County Salary Regulations. Employees who
work a portion of a month are entitled to a pro rata share
of the monthly sick leave credit computed on the same
basis as is partial month compensation.
Credits to and charges against sick leave are made in
minimum amounts of one-tenth hour (6 minutes)
increments.
Unused sick leave credits accumulate from year to year.
When an employee is separated other than through
retirement, accumulated sick leave credits shall be
canceled, unless the separation results from layoff, in
which case the accumulated credits shall be restored if re-
AFSCME Local 512 - 66 - 1999-2002 MOU
SEC'ON 14 - SICK LEAVE
employed in a permanent position within the period of
layoff eligibility.
As of the date of retirement, an employee's accumulated
sick leave is converted to retirement on the basis of one
day of retirement service credit for each day of
accumulated sick leave credit.
14.3 Policies Governing the Use of Paid Sick
Leave. As indicated above, the primary purpose of paid
sick leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury. The
following definitions apply:
Immediate Family: Includes only the spouse, son, stepson,
daughter, stepdaughter, father, stepfather, mother,
stepmother, brother, sister, grandparent, grandchild, niece,
nephew, father-in-law, mother-in-law, daughter-in-law,
son-in-law, brother-in-law, sister-in-law, foster children,
aunt, uncle, cousin, stepbrother, stepsister, or domestic
partner of an employee and/or includes 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.
Employ e: Any person employed by Contra Costa County
in an allocated position in'the County service.
Paid Sick Leave Credits: Sick leave credits provided for by
County Salary Regulations and memoranda of
understanding.
AFSCME local 512 - 67 - 1999 2002 MOU
SECTION 14 - St 'C LEAVE
Condition/Reason: With respect to necessary verbal
contacts and confirmations which occur between the
department and the employee when sick leave is
requested or verified, a brief statement in non-technical
terms from the employee regarding inability to work due to
injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject
to appointing authority approval, by an employee in pay
status, but only in the following instances:
a. Temporary Illness or Injury of an Emplovee. 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.
AFSCME Local 512 - 68 - 1999-2002 MOU
SEC"t,ON 14 - SICK LEAVE
2. Satisfactory medical evidence of such
disability is received by the appointing
authority within thirty (30) days of the start of
use of sick leave for permanent disability.
3. The appointing authority may review medical
evidence and order further examination as
deemed necessary, and may terminate use
of sick leave when such further examination
demonstrates that the employee is not
disabled, or when the appointing authority
determines that the medical evidence
I ubmitted by the employee is insufficient, or
where the above conditions have not been
met.
C. Communicable Disease. An employee may use
paid sick leave credits when under a physician's
order to remain secluded due - to exposure to a
communicable disease.
d. Sick Leave Utilization for Pre nancvDisability.
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
AFSGME Local 512 - 69 - 9999 2002 MOU
SECTION 14 - S( -'C LEAVE
accompanied by a written statement of
disability from the employee's attending
physician. The statement must address itself
to the employee's general physical condition
having considered the nature of the work
performed by the employee, and it must
indicate the date of the commencement of
the disability as well as the date the
physician anticipates the disability to
terminate.
2. If an employee does not apply for leave and
the appointing authority believes that the
employee is not able to properly perform her
work or that her general health is impaired
due to disability caused or contributed to by
pregnancy, miscarriage, abortion, childbirth
or recovery therefrom the employee shall be
required to undergo a physical examination
by a physician selected by the County.
Should the medical report so recommend, a
mandatory leave shall be imposed upon the
employee for the duration of the disability.
3. Sick leave may not be utilized after the
employee has been released from the
hospital unless the employee has provided
the County with a written statement from her
attending physician stating that her disability
continues and the projected dates of the
employee's recovery from such disability.
AFSCME Local 512 - 70 - 1999-2002 MOU
SEC-wRPN 14 - SICK LEAVE
e. Medical and Dental Appointments. An employee
may use paid sick leave credits.
1 . For working time used in keeping medical
and dental appointments for the employee's
own care; and
2. For working time used by an employee for
prescheduled medical and dental
appointments for an immediate family
member.
f. Emergency Care of Family. An employee may
use paid sick leave credits for working time used
in cases of illness or injury to an immediate family
member.
g. Death of Family Member. An employee may use
paid sick leave credits for working time used
because of a death in the ,employee's immediate
family or of the employee's domestic partner, but
this shall not exceed three (3) working days, plus
up to two (2) days. of work time for necessary
travel. Use of additional accruals including sick
leave when appropriate may be authorized in
conjunction with the bereavement leave at the
discretion of the appointing authority.
h. Legal Adoption of a Child. Paid sick leave credits
may be used by an employee upon adoption of
the child.
AFSCME Local 512 - 71 - 1999-2002 MOU
SECTION 14 - St-X LEAVE
i. Accumulated paid sick leave credits may not be
used in the following situations:
1 . Vacation. Paid sick leave credits may not be
used for an employee's illness or injury which
occurs while he is on vacation but the
County Administrator may authorize it when
extenuating circumstances exist and the
appointing authority approves.
2. Not in Pay Status. Paid sick leave credits
may not be used when the employee would
otherwise be eligible to use paid sick leave
credits but is not in pay status.
14.4 Administration of Sick Leave. The proper
administration of sick leave is a responsibility of the
employee and the department head. The following
procedures apply:
a. Employee Responsibilities
1 . Employees are responsible for notifying their
department of an absence prior to the
commencement of their work shift or as soon
thereafter as possible. Notification shall
include the reason and possible duration of
the absence.
2. Employees are responsible for keeping their
department informed on a continuing basis of
AFSCME Local 512 - 72 - '1999-2002 MOU
SEC—TON 14 - SICK LEAVE
their condition and probable date of return to
work.
3. Employees are responsible for obtaining
advance approval from their supervisor for
the scheduled time of pre-arranged personal
or family medical and dental appointment.
4. Employees are encouraged to keep the
department advised of (1 ) a current
telephone number to which sick leave related
inquiries may be directed, and (2) any
condition(s) and/or restriction(s) that may
reasonably be imposed regarding specific
locations and/or persons the department
may contact to verify the employee's sick
leave.
b. Department Responsibilities. The use of : sick
leave may properly be denied if these procedures
are not followed. Abuse of sick leave on the part
of the employee is cause for disciplinary action.
Departmental approval of sick leave is a
certification of the legitimacy of the sick leave
claim. The department head or designee may
make reasonable inquiries about employee
absences. The department may require medical
verification for an absence of three (3) or more
working days. The department may also require
medical verification for absences of less than
three (3) working days for probable cause if the
AFSCME Local 512 - 73 - 1999-2002 MOU
SECTION 14 - SI i LEAVE
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
AFSCME Local 512 - 74 - 1999-2002 MOU
SEG` '*3N 14 - SICK LEAVE,
on which the employee will be able to return
to work, as specified above.
Department heads are responsible for establishing
timekeeping procedures which will insure the submission
of a time card covering each employee absence and for
operating their respective offices in accordance with these
policies and with clarifying regulations issued by the Office
of the County Administrator.
To help assure uniform policy application, the Human
Resources Director or designated management staff of the
County Human Resources Department should be
contacted with respect to sick leave determinations about
which the department is in doubt.
14.5 Disability.
A. An employee physically or mentally incapacitated
for' the performance of duty is subject to
dismissal, suspension or demotion, subject to the
County Employees Retirement Law of 1937. An
appointing authority may place an employee on
leave if the appointing authority has filed an
application for disability retirement for the
employee or whom the appointing authority
believes to be temporarily, physically or mentally
incapacitated for the performance of the
employees duties.
B. An appointing authority who has reasonable
cause to believe that there are physical or mental
AFSCME Local 512 - 75 - 1999-2002 MOU
SECTION 14 - S W LEAVE
health conditions present in an employee which
endanger the health or safety of the employee,
other employees, or the public, or which impair
the employee's performance of duty, may order
the employee to undergo at County expense a
physical, medical examination by a licensed
physician and/or psychiatric examination by a
licensed physician or psychologist, and receive a
report of the findings on such examination. If the
examining physician or psychologist recommends
that treatment far 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
AFSCME Local 512 - 76 - 1999-2002 MOU
SEC—'ON 14 - SICK LEAVE
physical, medical, and/or psychiatric examination
by a licensed physician, and may consider a
report of the findings on such examination. If the
report shows that such employee is physically or
mentally incapacitated for the performance of
duty, the appointing authority may take such
action as he/she deems necessary in accordance
with appropriate provisions of this MOU.
E. Before an employee is placed on an unpaid leave
of absence or suspended because of physical or
mental incapacity under (A) or (B) above, the
employee shall be given notice of the proposed
leave of absence or suspension by letter or
memorandum, delivered personally or by certified
mail, containing the following:
1 . a statement of the leave of absence or
suspension proposed;
2. the proposed dates or duration of the leave
or suspension which may be indeterminate
until a certain physical or mental health
condition has been attained by the
employee;
3. a statement of the basis upon which the
action is being taken;
4. a statement that the employee may review
the materials upon which the action is taken;
AFSCME Local 512 - 77 - 1999 2002 MOU
SECTION 94 - S! K LEAVE
5. a statement that the employee has until a
specified date (not less than seven (7) work
days from personal delivery or mailing of the
notice) to respond to the appointing authority
orally or in writing.
F. Pending response to the notice the appointing
authority for cause specified in writing may place
the employee on a temporary leave of absence,
with pay.
G. The employee to whom the notice has been
delivered or mailed shall have seven (7) work
days to respond to the appointing authority either
orally or in writing before the proposed action
may be taken.
H. After having complied with the notice
requirements above, the appointing authority may
order the leave of absence or suspension in
writing stating specifically the basis upon which
the action is being taken, delivering the order to
the employee either personally or by certified
mail, effective either upon personal delivery or
deposit in the 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
AFSCME Local 512 - 78 - 1999-2002 MOU
SEC—"ON 14 - SICK LEAVE
may file a written election with the Director of
Human Resources waiving the employee's right
to appeal to the Merit Board in favor of appeal to
a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board
or the Disability Review Arbitrator, the employee
has the burden of proof to show that either:
1 . -the physical or mental health condition cited
by the appointing authority does not exist, or
2. the physical or mental health condition does
exist, but it is not sufficient to prevent,
preclude, or impair the employee's
performance of duty, or is not sufficient to
endanger the health or safety of the
employee, other employees, or the public.
K. If the appeal is to the Merit Board, the order and
appeal shall be transmitted by the Director of
Human Resources to the Merit Board for hearing
under the Merit Board's Procedures, Section
1114-1128 inclusive. Medical reports submitted in
evidence in such hearings shall remain
confidential information and shall not be a part of
the public record.
L. If the appeal is to a Disability Review Arbitrator,
the employee (and his representative) will meet
with the County's representative to mutually
select the Disability Review Arbitrator, who may
AFSCME Local 512 - 79 - 1999 2002 MOU
SECTION 14 - SI^K LEAVE
be a de facto arbitrator, or a physician, or a
rehabilitation specialist, or some other recognized
specialist mutually selected by the parties. The
arbitrator shall hear and review the evidence. The
decision of the Disability Review Arbitrator shall
be binding on both the County and the employee.
Scope of the Arbitrator's Review.
1 . The arbitrator may affirm, modify or revoke
the leave of absence or suspension.
2. The arbitrator may make his decision based
only on evidence submitted by the County
and the employee.
3. The arbitrator may order back pay or paid
sick leave credits for any period of leave of
absence or suspension if the leave or
suspension is found not to be sustainable,
subject to the employee's. duty to mitigate
damages.
4. The arbitrator's fees and expenses shall be
paid one-half by the County and one-half by
the employee or employee's association.
M. It is understood that the benefits specified in
Section 14 — Sick Leave and Section 17 —
Workers' Compensation shall be coordinated with
the rehabilitation program as determined by the
labor-management committee.
AFSCME Local 512 _ 80 - 1999-2002 MOU
SECrIN.14 -SICK LEAVE
14.6 Accrual During .Leave Without Pay. No
employee who has been granted a leave without pay or an
unpaid military leave shall accrue -any sick leave credits
during the time of such leave nor shall an employee who is
absent without pay accrue sick leave credits during the
absence.
14.7 Integration of SDI Benefits with the County
Sick Leave Benefit Program. Employees eligible for
State Disability Insurance benefits and sick leave benefits
for any portion of disability shall be required to make
application for both benefits. The State Disability
Insurance benefits shall be returned to the County to be
credited to the employee's sick leave balance on the
following basis:
a. Integration with State Disability Insurance is
automatic and cannot be waived.
b. The amount credited to the employee's sick leave
balance shall be converted to sick leave hours by
dividing the amount received from State Disability
Insurance by the employee's straight-time hourly
rate, at the time of payment, as determined by
the appropriate salary schedule for the
employee's class of employment.
C. If the employee is eligible for State Disability
Insurance benefits, application must be made
and the benefits returned to the County for sick
leave credits so that the principle of integration is
completed.
AFSCME Local 612 - 81 - 1999 2002 MOU
SECTION 14 - Sir", LEAVE
d. In the event an employee is not eligible for sick
leave credits from the County, there will be no
integration and the employee shall not return
State Disability Insurance benefits to the County.
e. In the event an employee receives sick leave
benefits for a portion of the disability period, State
Disability Insurance benefits must be utilized to
restore only those sick leave hours used during
the period of disability.
f. Restoration of sick leave balances shall be
rounded to the nearest one-half (1/2) hour.
g. In no instance will an employee be allowed to
purchase sick leave not accrued.
h. The County will provide separate accounting -for
the purchased sick leave to insure that State
Disability Insurance benefits are not taxable.
14.8 Disability Insurance Review Committee. The
County shall continue the Disability Insurance Review
Committee consisting of one (1 ) representative from each
employee organization and four (4) management
representatives to review and recommend to the Director
of Human Resources the feasibility of implementing a self-
funded and self-administered disability insurance program.
14.9 Employee Annual Health Examination.
Employees of the County who work in a Health Services
Department facility will annually be required to complete a
AFSCME Local 512 - 82 - 1999-2002 MOU
SECTION 15 - CATASr7OPHIC LEAVE BANK
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
aws.Employees will also be requested to be screened for
rubella immunity. If the result of the rubella test is
negative, the appointing authority or designee will
recommend that the employee become immunized. If the
employee has direct patient contact and refuses to
become immunized, said employee will be relocated to an
indirect patient contact area.
14.10 Confidentialitv of Information/Records. Any
use of employee medical records will be governed by the
Confidentiality of Medical Information Act (Civil Code
Sections 56 to 56.26).
SECTION 15 - CATASTROPHIC LEAVE BANK
15.1 Program Design. The County Human Resources
Department will operate a Catastrophic Leave Bank which
is designed to assist any County employee who has
exhausted all paid accruals due to a serious or
catastrophic illness, injury, or condition of the employee or
family member. The program establishes and maintains a
countywide bank wherein any employee who wishes to
contribute may authorize that a portion of his/her accrued
vacation, compensatory time, holiday compensatory time
AFSCME Local 512 - 83 - 1999-2002 MOU
SECTION 95 - Q- "ASTROPHIC LEAVE BANK
or floating holiday be deducted from those account(s) and
credited to the Catastrophic Leave Bank. Employees may
donate hours either to a specific eligible employee or to
the bank. Upon approval, credits from the Catastrophic
Leave Bank may be transferred to a requesting
employee's sick leave account so that employee may
remain in paid status for a longer period of time, thus
partially ameliorating the financial impact of the illness,
injury, or condition.
Catastrophic illness or .injury is defined as a critical
medical condition, a long-term major physical impairment
or disability which manifests itself during employment.
15.2 Operation. The plan will be administered under
the direction of the Human Resources Director. The
Human Resources Department will be responsible for
receiving and recording all donations of accruals and for
initiating transfer of credits from the Bank to the recipient's
sick Leave account. Disbursement of accruals will be
subject to the approval of a six (6) member committee'
composed of three (3) members appointed by the County
Administrator and three (3) members appointed by the
majority representative employee organizations. The
committee shall meet as necessary to consider all
requests for credits and shall make determinations as to
the appropriateness of the request. The committee shall
determine the amount of accruals to be awarded for
employees whose donations are non-specific.
Consideration of all -requests by the committee will be on
an anonymous requestor basis.
AFSCME Local 512 - 84 - 1999-2002 MOU
SECTION 15 - CATAST^DPHIC LEAVE BANK
Hours transferred from the Catastrophic Leave Bank to a
recipient will be in the form of sick leave accruals and shall
be treated as regular sick leave accruals.
To receive credits under this plan, an employee must have
permanent status, must have exhausted all time off
accruals to a level below eight- (8) hours total, have applied
for a medical leave of absence and have medical
verification of need.
Donations are irrevocable unless the donation to the
eligible employee is denied. Donations may be made in
hourly blocks with a minimum donation of not less than
four (4) hours per donations from balances in the vacation,
holiday, floating holiday, compensatory time, or holiday
compensatory time accounts. Employees who elect to
donate to a specific individual shall have seventy-five
percent (75%) of their donation credited to the individual
and twenty-five percent (25%) credited to the Catastrophic
Leave Bank.
Time donated will be converted to a dollar value and the
dollar value will be converted back to sick leave accruals
at the recipient's base hourly rate when disbursed. Credits
will not be on a straight hour-for-hour basis. All
computations will be on a standard one hundred seventy
three and thirty three hundredths (173.33) basis, except
that employees on other than a forty (oo) hour week will
have hours prorated according to their status.
Any recipient will be limited to a total of one thousand forty
(1040) hours or its equivalent per catastrophic event; each
AFSCME Local 512 - 85 - 1998-2442 MOU
SECTION 15 - CP tASTROPNIC LEAVE BANK
donor will be limited to one hundred twenty (120) hours
per calendar year.
No element of this plan is grievable. All appeals from
either a donor or recipient will be resolved on a final basis
by the Director of Human Resources.
No employee will have any entitlement to catastrophic
leave benefits. The award of Catastrophic Leave will be at
the sole discretion of the committee, both as to amounts of
benefits awarded and as to persons awarded benefits.
Benefits may be denied, or awarded for less than six (6)
months. The committee will be entitled to limit benefits in
accordance with available contributions and to choose
from among eligible applicants, on an anonymous basis,
those who will receive benefits, except for hours donated
to a specific employee. In the event a donation is made to
a specific employee and the committee determines the
employee does not meet the Catastrophic Leave Bank
criteria, the donating employee may authorize the hours to
be donated to the bank or returned to the donor's account.
The donating employee will have fourteen (14) calendar
days from notification to submit his/her decision regarding
the status of their donation, or the hours will be irrevocably
transferred to the Catastrophic Leave Bank.
Any unused hours transferred to a recipient will be
returned to the Catastrophic Leave Bank.
AFSCME Local 512 - 86 - 1999 2002 MOU
'cCTION 16- STATE DISABH "'Y INSURANCE(SDI)
SECTION 16 - 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:
16.1 General Provisions. The California SDI program
provides disability benefits beginning on the eighth (8)
calendar day of a qualifying disability unless the employee
is hospitalized. Upon hospitalization, benefits can be
payable from the first day of the disability. If the disability
exceeds fourteen (14) calendar days, benefits can be
payable from the first day of the disability. 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
AFSCME Local 512 _ 87 - 1999-2002 MOU
SECTION 16 - ST'TE DISABIUTY INSURANCE `SDI)
hospitalization in a timely manner in order for the
department to make appropriate integration adjustments.
State Disability benefit payments will be sent directly to the
employees at their home address -by the State of
California.
When there are insufficient sick leave accruals available to
fully supplement the difference between the SDI payment
and the employee's base monthly salary, accruals other
than sick leave may be used. These accruals may be used
only to the extent that total payments do not exceed the
employee's base monthly salary.
16.2 Procedures. Employees with more than 1 .2
hours of sick leave accruals at the beginning of the
disability integration period must integrate their sick leave
accrual usage with their SDI benefit to the maximum
extent possible.
When employees. have 1 .2 hours or less of sick leave
accruals at the beginning of the disability integration
period, the department shall automatically use 0.1 hour of
sick leave per month for the duration of their SDI benefit.
When sick leave accruals are totally exhausted, integration
with the SDI benefit terminates. An employee may use any
other accruals without reference to or integration with the
SDI benefit.
AFSCME Local 512 _ 88 - 1899-2002 MOU
SECTION 16 - STATE DISAB11-17Y INSURANCE
When the SDI benefit is exhausted, sick leave integration
terminates. Then the employee may use sick leave or
other accruals.
Employees with no sick leave balance at the beginning of
the disability integration period may use any other accruals
without reference to or integration with the SDI benefit.
Employees whose SDI claims are denied must present a
copy of their claim denial to their department. The
department will then authorize use of unused sick leave
and shall authorize the use of other accruals as
appropriate.
Employees may contact the Human Resources
Department, Benefits Division, for assistance in resolving
problems.
16.3 ' Method of Integration. Until an employee has a
balance of 1 .2 hours of sick leave, the employee's sick
leave accrual charges while receiving SDI benefits shall be
calculated each month.
The amount of sick leave charged each employee will be
calculated in the following manner:
The percentage of base monthly salary not covered by the
SDI benefit will be applied to the daily hours in the
employee's schedule and that number of sick leave hours
will be charged against the employee's sick leave
accruals.
AFSCME Local 512 - 89 - 1999-2002 MOU
SECTION 16 - STATE DISABILITY INSURANCF(SDI)
For purposes of integration with the SDI program, all full
time employees' schedules will be converted to 8-hour/5-
day weekly work schedules during the period of
integration.
The formula for full time employees' sick leave integration
charges is shown below:
L = S-D) - S] x8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3-mos) Earnings [H = S x 3]
W = Weekly SDI Benefit from State of California SDI
Weekly Benefit Table
C = Calendar Days in each Month
D = Estimated Monthly SDI Benefit [D = (W _ 7) x C]
L = Sick Leave Charged per Day
Permanent part-time, permanent-intermittent employees,
and those full time employees working a light/limited duty
reduced schedule program shall have their sick leave
integration adjusted accordingly.
16.4 Definition. "Base Monthly Salary" for purposes of
sick Leave integration is defined as the salary amount for
the employee's step on the salary schedule for the
employee's permanent classification as shown in the
"Salary" field on the On-Line Payroll Time Reporting
System used by departments for payroll reporting
purposes.
16.5 Conversion to the New SDI Program. For all
employees receiving SDI benefits prior to July 1 , 1994,
conversion to the new SDI program operated by
AFSCME Local 512 -90 - 1999 2002 MOU
SECTION 17- WORKFRS' COMPENSATION
departmental payroll staff will be coordinated by the
Human Resources Department, Benefits Division.
All employee SDI benefit checks received in the Human
Resources Department and signed over to the County by
June 30, 1994, will be deposited and used to buy back the
employee's sick leave, with sick leave credits appearing on
the July 10th pay warrants insofar as possible.
All Employee SDI benefit checks received, but not signed
over to the County, by June 30, 1994, will be returned to
the employee. All employee SDI benefit checks received
after June 30, 1994, will be returned to the employee. In
both these situations, no sick leave buy back will be made,
regardless of the calendar period to which the benefit
checks pertain. Program transfer to departmental payroll
staff will be effective July 1 , 1994 for the month of July with
the first computation of SDI benefits and integration with
sick leave under the new program made on the August 101
1994 pay warrants covering the July 1994 payroll period.
SECTION 17 - WORKERS' COMPENSATION
A permanent non-safety employee shall continue to
receive the appropriate percent of regular monthly salary
for all accepted claims filed before January 1 , 2000. For all
accepted claims filed with the County on or after January
11 2000, the percentage of pay for employees entitled to
Workers' Compensation shall be decreased from eighty-
seven percent (87%) to eighty-six percent (86%). If
Workers' Compensation becomes taxable, the County
AFSCME Local 512 _ 91 - 1999-2002 MOU
SECTION 17- W0cpKERS' COMPENSATION
agrees to restore the original benefit level (100% of
monthly salary) and the parties shall meet and confer with
respect to funding the increased cost.
A. Waiting Period. There is a three (3) calendar day
waiting period before Workers' Compensation
benefits commence. If the injured worker loses
any time on the day of injury, that day counts as
day one (1 ) of the waiting period. If the injured
worker does not lose time on the date of injury,
the waiting period will be the first three (3)
calendar days the employee does not work as a
result of the injury. The time the employee is
scheduled to work during this waiting period will
be charged to the employee's sick leave and/or
vacation accruals. In order to qualify for Workers'
Compensation the employee must be under the
care of a physician. Temporary compensation is
payable on the first three (3) days of disability
when the injury necessitates hospitalization, or
when the disability exceeds fourteen (14) days.
B. Continuing * Pay. Permanent employees shall
continue to receive eighty-six percent (86%) of
their regular monthly salary during any period of
compensable temporary disability not to exceed
one year. "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
AFSCME Local 512 - 92 - 1999-2002 MOU
SECTION 17- WORKFRS` COMPENSATION
any disability becomes medically permanent and
stationary, the salary provided in this Section
shall terminate. No charge shall be made against
sick leave or vacation for these salary payments.
Sick leave and vacation rights shall not accrue for
those periods during which continuing pay is
received.
The County contribution to the employee's group
medical plan shall continue during any period of
compensable temporary disability absence.
Employees shall be entitled to a maximum of one
(1 ) year of continuing pay benefits for any one (1 )
injury or illness.
C. Continuing pay begins at the same time that
temporary Workers' Compensation benefits
commence and continues until either the member
is declared medically permanent/stationary, or
until one (1 ) year of continuing pay, whichever
comes first, provided the employee remains in an
active employed status. Continuing pay is
automatically terminated on the date an
employee is separated from County service by
resignation, retirement, layoff, or the employee is
no longer employed by the County. In these
instances, employees will - be paid Workers'
Compensation benefits as prescribed by
Workers' Compensation laws. All continuing pay
will be cleared through the County Administrator's
Office, Risk Management Division.
AFSCME Local 512 - 93 - 1999-2002 MOU
SECTION 17- WnRKERS`COMPENSATION
Whenever an employee who has been injured on
the job and has returned to work is required by an
attending physician to leave work for treatment
during working hours the employee shall be
allowed time off up to three (3) hours for such
treatment without loss of pay or benefits. Said
visits are to be scheduled contiguous to either the
beginning or end of the scheduled work day
whenever possible. This provision applies only to
injuries/illnesses that have been accepted by the
County as work related.
D. Applicable Pay Beyol. nd One Year. If an injured
employee remains eligible for temporary disability
beyond one (1 ) year, applicable salary will
continue by integrating sick leave and/or vacation
accruals with Workers' Compensation benefits. If
salary integration is no longer available, Workers'
Compensation benefits will be paid directly to the
employee as prescribed by Workers'
Compensation laws.
E. 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 applicable
salary by integrating sick leave and/or vacation
accruals with Workers' ' Compensation
Rehabilitation Temporary Disability benefits until
those accruals are exhausted.
AFSCME Local 512 - 94 - 1999-2402 MOU
SECT/ON 18 - LEAVE OF ABSENCE
Thereafter, the Rehabilitation Temporary
Disability benefits will be paid directly to the
employee.
F. Health Insurance. The County contribution to the
employee's group insurance plan(s) continues
during the continuing pay period and during
integration of sick leave or vacation with Workers'
Compensation benefits.
G. Method of Integration. An employee's sick leave
and/or vacation charges shall be calculated as
follows:
C = 8 [1 - (W = S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
SECTION 18 - LEAVE OF ABSENCE
18.1 Leave Without Pay. Any employee who has
permanent status may be granted a leave of absence
without pay upon written request, approved by the
appointing authority; provided, however, that leaves for
pregnancy, pregnancy disability, serious health conditions,
and family care shall be granted in accordance with
applicable State and Federal law.
18.2 General Administration - Leaves of Absence.
Requests for leave without pay shall be made upon forms
prescribed by the Director of Human Resources and shall
AFSCME Local 512 - 95 - 1999-2002 MOU
SECTION 18 - LEa VE OF ABSENCE
state specifically the reason for the request, the date when
it is desired to begin the leave, and the probable date of
return.
A. Leave without pay may be granted for any of the
following reasons:
1 . Illness, disability, or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
4. to take a course of study such as will
increase the employee's usefulness on
return to the position;
5. for other reasons or circumstances
acceptable to the appointing authority.
B. An employee must request family care leave at
least thirty (30) days before the leave is to begin
if the need for the leave is foreseeable. If the
need is not foreseeable, the employee must
provide written notice to the employer within five
(5) days of learning of the event by which the
need for family care leave arises.
C. A leave without pay may be for a period not to
exceed one (1 ) year, provided the appointing
authority may extend such leave for additional
periods. The procedure in granting extensions
AFSCME Local 512 - 96 - 1999-2002 MOU
SECTION 18 ,-,LEAVE OF ABSENCE
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
18.5 below.
E. Whenever an employee who has been granted a
leave without pay desires to return before the
expiration of such leave, the employee shall
submit a request to the appointing authority in
writing at least fifteen (15) days in advance of the
proposed return. Early return is subject to prior
approval by the appointing authority. The Human
Resources Department shall be notified promptly
of such return.
F. Except in the case of leave of absence due to
family care, pregnancy, pregnancy disability,
illness, disability, or serious health condition, the
decision of the appointing authority on granting or
denying leave or early return from leave shall be
subject to appeal to the Human Resources
Director and not subject to appeal through the
grievance procedure set forth in this MOU.
AFSCME Local 512 - 97 - 1999-2002 MOU
SECTION 18 - LEA VE OF ABSENCE
18.3 Furlough Days Without Pay. Subject to the
prior written approval of the appointing authority,
employees may elect to take furlough days or hours
without pay (pre-authorized absence without pay), up to a
maximum of fifteen (15) calendar days for any one period.
Longer pre-authorized absences without pay are
considered leaves of absence without pay. Employees
who take furlough time shall have their compensation for
the portion of the month worked computed -in accord with
Section 5.8 - Compensation for Portion of Month ,of this
MOU. Full time and part-time employees who take
furlough time shall have their vacation, sick leave, floating
holiday, and any other payroll computed accruals
computed as though they had worked the furlough time.
When computing vacation sick leave, floating holiday, and
other accrual credits for employees taking furlough time,
this provision shall supersede Section 13.4 — Vacation
Accrual During Leave Without Pay, Section 14.2 — Credits
To and Charges Against Sick Leave, Section 14.6 — Sick
Leave Accrual During Leave Without Pay, and Section
18.1 — Leave Without Pay of this MOU regarding the
computation of vacation, sick leave, floating holiday, and
other accrual credits as regards furlough time only. For
payroll purposes, furlough time (absence without pay with
prior authorization of the appointing authority) shall be
reported separately from other absences without pay to
the Auditor-Controller. The existing Voluntary Time Off
program shall be continued for the life of the contract.
18.4 Military Leave. Any employee who is ordered to
serve as a member of the State Militia or the United States
Army, Navy, Air Force, Marine Corps, Coast Guard or any
AFSCME Local 512 - 98 - 1999-2002 MOU
SECTION 18 - LEAVE OF ABSENCE
division thereof shall be granted a military leave for the
period of such service, plus ninety (90) days. Additionally,
any employee who volunteers for service during a
mobilization under Executive Carder of the President or
Congress of the United States and/or the State Governor
in time of emergency, shall be granted a leave of absence
in accordance with applicable Federal or State laws. Upon
the termination of such service or upon honorable
discharge, the employee shall ' be entitled to return to
his/her position in the classified service provided such still
exists and the employee is otherwise qualified, without any
loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall
not, by reason of such absence, suffer any loss of
vacation, holiday, or sick leave privileges which may be
accrued at the time of such leave, nor shall the employee
be prejudiced thereby with reference to salary adjustments
or continuation of employment. For purposes of
determining eligibility for salary adjustments or seniority in
case of layoff or promotional examination, time on military
leave shall be considered as time in County service.
Any employee who has been granted a military leave, may
upon return, be required to furnish such evidence of
performance of military service or of honorable discharge
as the Director of Human Resources may deem
necessary.
18.5 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
AFSCME Local 512 - 99 - 1999-2002 MOU
SECTION 18 - LEAVE OF ABSENCE
to at least eighteen (18) weeks leave (less if so requested
by the employee) for:
a. medical leave of absence for the employee's own
serious health condition which makes the
employee unable to perform the functions of the
employee's position; or
b. family care leave of absence without pay for
reason of the birth of a child of the employee, the
placement of a child with an employee in
connection with the adoption or foster care of the
child by the employee, or the serious illness or
health condition of a child, parent, spouse, or
domestic partner of the employee.
18.6 Certification. The employee may be asked to
provide certification of the need for family care leave or
medical leave. Additional period(s) of family care or
medical leave may be granted by the appointing authority.
18.7 Intermittent Use of Leave. The eighteen (18)
week entitlement may be in broken periods, intermittently
on a regular or irregular basis, or may include reduced
work schedules depending on the specific circumstances
and situations surrounding the request for leave. The
eighteen (18) weeks may include use of appropriate
available paid leave accruals when accruals are used to
maintain pay status, but use of such accruals is not
required beyond that specified in Section 18.12 below.
When paid leave accruals are used for a medical or family
AFSCME Local 512 - 100 - 1999-2002 MOU
SECTION 18 !EA VE OF ABSENCE
care leave, such time shall be counted as a part of the
eighteen (18) week entitlement.
18.8 Aggregate Use for Spouse. In the situation
where husband and wife are both employed by the
County, the family care of medical leave entitlement- based
on the birth, adoption or foster care of a child is limited to
an aggregate for both employees together of eighteen (18)
weeks during 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.
18.9 Definitions. For medical and family care leaves
of absence under this section, the following definitions
apply:
a. Child: A biological, adopted, or foster child,
stepchild, legal ward, conservatee or a child who
is under eighteen (18) years of age for whom an
employee stands in loco parentis or for whom the
employee is the guardian or conservator, or an
adult dependent child of the employee.
b. Parent: A biological, foster, or adoptive parent, a
step-parent, legal guardian, conservator, or other
person standing in loco parentis to a child.
C. Spouse:_ A partner in marriage as defined in
California Civil Code Section.4100.
AFSCME Local 512 - 101 - 1999-2002 MOU
SECTION 18 - LEAVE OF ABSENCE
d. Domestic Partner: An unmarried person, eighteen
(18) years or older, to whom the employee is not
related and with whom the employee resides and
shares the common necessities of life.
d. Serious Health Condition: An illness, injury,
impairment, or physical or mental condition which
warrants the participation of a family member to
provide care during a period of treatment or
supervision and involves either inpatient care in a
hospital, hospice or residential health care facility
or continuing treatment or continuing supervision
by a health care provider (e.g. physician or
surgeon) as defined by State and Federal law.
f. Certification for Family Care Leave: A written
communication to the employer from a health
care provider of a person for whose care the
leave is being taken which need not identify the
serious health condition involved, but shall
contain:
1 . the date, if known, on which the serious
health condition commenced;
2. the probable duration of the condition;
3. an estimate of the amount of time which the
employee needs to render care or
supervision;
AFSCME Local 512 - 102 - 1999-2002 MOU
SECTION IP LEAVE OF ABSENCE
4. a statement that the serious health condition
warrants the participation of a family member
to provide care during period of treatment or
supervision;
5. if for intermittent leave or a reduced- work
schedule leave, the certification should
indicate that the intermittent leave or reduced
leave schedule is necessary for the care of
the individual or will assist in their recovery,
and its expected duration.
g. Certification for Medical Leave: A written
communication from a health care provider of an
employee with a serious health condition or
illness to the employer, which need not identify
the serious health condition involved, but shall
contain:
1 . the date, if known, on which the serious
health condition commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to
perform the functions of the employee's job;
4. if for intermittent leave or a reduced work
schedule leave, the certification should
indicate the medical necessity for the
intermittent leave or reduced leave schedule
and its expected duration.
AFSCME Local 512 - 103 - 1999-2002 MOU
SECTION 18 - LE^VE OF ABSENCE
h. Comparable Positions: A position with the same
or similar duties and pay which can be performed
at the same or similar geographic location as the
position held prior to the leave. Ordinarily, the job
assignment will be the same duties in the same
program area located in the same city, although
specific clients, - caseload, co-workers,
supervisor(s), or other staffing may have changed
during an employee's leave.
18.10 Pregnancy Disability Leave. Insofar as
pregnancy disability leave is used under Section 14.3.D -
Sick Leave Utilization for Pregnancy Disability, that time
will not be considered a part of the eighteen (18) week
family care leave period.
18.11 Group Health Plan Coverage. Employees who
were members of one of the group health plans prior to
commencement of their leave of absence can maintain
their health plan coverage with the County contribution by
maintaining their employment in pay status as described in
Section 18.12. During the eighteen (18) weeks of an
approved medical or family care leave under Section 18.5
above, the County will continue its contribution for such
health plan coverage even if accruals are not available for
use to maintain pay status as required under Section
18.12. In order to maintain such coverage, employees are
required to pay timely the full employee contribution to
maintain their group health plan coverage, either through
payroll deduction or by paying the County directly.
AFSCME Local 512 - 104 - 1999-2002 MOU
SECTION 18 - %EAVE OF ABSENCE
18.12 Leave Without Pay -,.,Use of Accruals.
A. All Leaves of Absence. During the first twelve
(12) month period of any leave of absence
without pay, an employee may elect to maintain
pay status each month by using available sick
leave (if so entitled under Section 14.3 - Policies
Governing the Use of Paid Sick Leave), vacation,
floating holiday, compensatory time off or other
accruals or entitlements; in other words, during
the first twelve (12) months, a leave of absence
without pay may be "broken" into segments and
accruals used on a monthly basis at the
employee's discretion. After the first twelve (12)
months, the leave period may not be "broken"
into segments and accruals may not be used,
except when required by LTD Benefit
Coordination or SDI/Sick Leave Integration under
Section 16 -- State Disability Insurance or as
provided in the sections below.
B. Family Care or Medical Leave. During the
eighteen (18) weeks of an approved medical or
family care leave, if a portion of that leave will be
on a leave of absence without pay, the employee
will be required to use at least 0.1 hour of sick
leave (if so entitled under Section 14.3 - Policies
Governing the Use of Paid Sick Leave), vacation
floating holiday, compensatory. time off or other
accruals or entitlements if such are available,
although use of additional accruals is permitted
under subsection A. above.
AFSCME Local 512 - 105 - 1999-2002 MOU
SECTION 18 - LF4VE OF ABSENCE
C. Leave of Absence/Long Term Disability (LTD)
Benefit Coordination. An eligible employee who
files an LTD claim and concurrently takes a leave
of absence without pay will -be required to use
accruals as provided in Section B herein during
the eighteen (18) week entitlement period of a
medical leave specified above. If an eligible
employee continues beyond the eighteen (18)
weeks entitlement period on a concurrent leave
of absence/LTD claim, the employee may choose
to maintain further pay status only as allowed
under subsection A. herein.
D. Sick leave accruals may not -be used during any
leave of absence, except as allowed under
Section 14.3 - Policies Governing the Use of Paid
Sick Leave.
18.13 Leave of Absence Replacement and
Reinstatement. Any permanent employee who requests
reinstatement to the classification held by the employee in
the same department at the time the employee was
granted a leave of absence, shall be reinstated - to a
position in that classification and department and then only
on the basis of seniority. In case of severance from service
by reason of the reinstatement of a permanent employee,
the provisions of Section 11 - Seniority, Workforce
Reduction, Layoff. & Reassignment SenioritX shall apply.
18.14 Leave of Absence Return. In Department of
Employment & Human Services an employee shall have
the right to return to the same class, building, and
AFSCME Local 512 - 106 - 1999-2002 MOU
SECTION 18,- LEAVE OF ABSENCE
assignment (position control number) if the return to work
is within eighty-nine (89) consecutive days from the initial
date the employee started leave of absence. At such time
the leave of absence is approved by the Appointing
Authority, the Department of Employment & Human
Services shall notify the employee of the final date by
which he/she shall return to be assigned to the same
position control number.
18.15 Reinstatement From Family Care Medical
Leave. In the case of a family care or medical leave, an
employee on a 5/40 schedule shall be reinstated to the
same or comparable position if the return to work is after
no more than ninety (90) work days of leave from the initial
date of a continuous leave, including use of accruals, or
within the equivalent on an alternate work schedule. A full
time employee taking an intermittent or reduced work
schedule leave shall be reinstated to the same or
comparable position if the return to work on a full schedule
is after no more than seven hundred twenty (720) hours,
including use of accruals, of intermittent or reduced
schedule leave. At the time the original leave is approved,
the appointing authority shall notify the employee in writing
of the final date to return to work, or the maximum number
of hours of leave, in order to guarantee reinstatement. to
the same or comparable position. An employee on a
schedule other than 5/40 shall have the time frame for
reinstatement to the same or comparable position adjusted
on a pro rata basis.
18.16 Salary Review While on Leave of Absence.
The salary of an employee who is on leave of absence
AFSCME Local 512 - 107 - - 1999-2002 MOU
SECTION 19 - JURY DUTY AND WITNESS DUT'
from a County position on any anniversary date and who
has not been absent from the position on leave without
pay more than six (6) months during the preceding year,
shall be reviewed on the anniversary date. Employees on
military leave shall receive salary increments that may
accrue to them during the period of military leave.
18.17 Unauthorized Absence. An unauthorized
absence from the work site or failure to report for duty after
a leave request has been disapproved, revoked, or
canceled by the appointing authority, or at the expiration of
a leave, shall be without pay. Such absence may also be
grounds for disciplinary action.
18.18 Non-Exclusivity. Other MOU language on this
subject, not in conflict, shall remain in effect.
SECTION 19 - JURY DUTY AND WITNESS DUTY
19.1 Jury Duty. For purposes of this Section, jury duty
shall be defined as any time an employee is obligated to
report to the court.
When called for jury duty, County employees, like other
citizens, are expected to discharge their jury duty
responsibilities.
Employees shall advise their department as soon as
possible if scheduled to appear for jury duty.
AFSGME Local 512 - 108 - 1999-2002 MOU
SECTION 99 -JURY DUTYAND WITNESS DUTY
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.
When an employee is summoned for jury duty selection or
is selected as a juror in a Municipal, Superior or Federal
Court, employees may remain in a regular pay status if
they waive all fees (other than mileage), regardless of shift
assignment and the following shall apply:
a. If an employee elects to remain in a regular pay
status and waive or surrender all fees (other than
mileage), the employee shall obtain from the
Clerk or Jury Commissioner a certificate
indicating the days attended and noting that fees
other than mileage are waived or surrendered.
The employee shall furnish the certificate to his
department where it will be retained as a
department record. No "Absence/Overtime
Record" is required.
b. An employee who elects- to retain all fees must
take leave (vacation, floating holiday, etc.) or
leave without pay. No court certificate is required
but an "Absence/Overtime Record" must be
submitted to the department payroll clerk.
Employees are not permitted to engage in any
employment regardless of shift assignment or occupation
AFSCME Local 512 - 109 - 1999-2002 MOU
•••f • � -JURY DUTYAND WITNESS DVTY
before or after daily jury service that would affect their
ability to properly serve as jurors.
An employee on short notice standby to report to court,
whose job duties make short notice response impossible
or impractical, shall be given alternate work assignments
for those days to enable them to respond to the court on
short notice.
When an employee is required to serve on jury duty, the
County will adjust that employee's work schedule to
coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee requests
otherwise. Participants in 9/80 or 4/10 work schedules will
not receive overtime or compensatory time credit for jury
duty on their scheduled days off.
Permanent-intermittent employees are entitled to paid jury
duty leave only - for those days on which they were
previously scheduled to work.
19.2 Witness Duty. Employees called upon as a
witness or an expert witness in a case arising in the
course of their work or the work of another department
may remain in their regular pay status and turn over to the
County all fees and expenses paid to them, other than
mileage allowance, or they may take vacation leave or
leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases
or personal matters (e.g., accident suits and family
'AFSGME Local 512 _ 110 - 1999-2002 MOU
SECTION 20— HEALTH, LIFE AND DENTAL CARE
relations) shall take vacation leave or leave without pay
.and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same
provisions as apply to jury duty as set forth in Section 19.1
of this MOU. Employees shall advise their department as
soon as possible if scheduled _to appear for witness duty.
Permanent-intermittent employees are entitled to paid
witness duty only for those days on which they were
previously scheduled to work.
SECTION 20 — HEALTH, LIFE AND DENTAL CARE
20.1 County„ Programs. The County will continue to
offer existing County Group Benefit Programs of medical,
dental and life insurance coverage through December 31 ,
1999 to all permanent employees regularly scheduled to
work twenty (20) or more hours per week. Effective
January 1 , 2000, the County will offer Group Benefit
Programs for medical, dental and life insurance coverage
to all permanent employees regularly scheduled to work
twenty (20) hours or more per week as described in the
September 30, 1999 agreement (Exhibit A) between the
County and the Labor Coalition.
20.2 Rate Information. The County Benefits Division
will make health and dental plan rate information available
upon request to employees -and departments. In addition,
the County Benefits -Division will publish and distribute to
employees and departments information about rate
changes as they occur during the year.
AFSCME Local 512 _ 111 - 1999-2002 MOU
SECTION 20— HE- '.TH, LIFE AND DENTAL CA'
20.3 Medicare Rates. Corresponding Medicare rates
for employees covered under this MOU shall be as
follows: for Employee Only on Medicare by taking. the
Employee Only rate for the option selected and subtracting
the monthly Part B Medicare premium withheld from Social
Security payments for one (1 ) enrollee; for Employee and
Dependent(s) with one (1 ) member on Medicare by taking
the Employee and Dependent(s) rate for the option
selected and subtracting the monthly Part B Medicare
premium withheld from Social Security payments for one
(1 ) enrollee; for Employee and Dependent(s) with two (2)
members on Medicare by taking the Employee and
Dependent(s) rate for the option selected and subtracting
the monthly Part B Medicare premium withheld from Social
Security payments for two (2) enrollees.
20.4 Partial Month. The County's contribution to the
Health Plan premium is payable for any month in which
the employee is paid. If an employee is not paid enough
compensation in a month to pay the employee share of the
premium, the employee must make up the difference by
remitting the amount delinquent to the Auditor-Controller.
The responsibility for this payment rests with the
employee. If payment is not made, the employee shall be
dropped from the health plan. An employee is thus
covered by the health plan for the month in which
compensation is paid.
20.5 Coverage During Absences. An employee on
approved leave shall be allowed to continue his/her health
plan coverage at the County group rate for twelve (12)
AFSCME Local 512 - 112 - 1999-2002 MOU
- SECTION 20- HEALTH, LIFAF AND DENTAL CARE
months provided that the employee shall pay the entire
premium for the Health Plan during.said leave.
An employee on leave in excess of twelve (12) months
may continue health plan coverage by converting to an
individual health plan option (if available) or continuing
group coverage subject to the provisions of the
Consolidated Omnibus Budget Reduction Act (COBRA)
provided the employee pays the entire cost of coverage,
plus any administrative fees, for the option selected. The
entire cost of coverage shall be paid at a time and place
specified by the County. Late payment shall result in
cancellation of Health Plan coverage with no reinstatement
allowed.
An employee who terminates County employment may
convert to individual health plan coverage, if available, or
may continue County group health plan coverage to the
extent provided under COBRA by making premium
payments to the County at a time and place specified by
the County.
20.6 Retirement Coverage. Upon retirement,
employees may remain in the same County group medical
plan if immediately before their retirement they are either
active subscribers to one of the County Health Plans or if
on authorized leave of absence without pay they have
retained their membership by either continuing to pay their
monthly premium to the County by the deadlines
established by the County or converting to individual
conversion membership from the County plan through the
medical plan carrier, if available.
AFSCME Local 512 - 113 - 1999-2002 MOU
SECTION 20- HEa' TH, LIFE AND DENTAL CAIS
20.7 Dual Coverage. If a husband and wife both work
for the County and one of them is laid off, the remaining
eligible shall be allowed to enroll or transfer into the health
coverage combination of his/her choice.
An eligible employee who is no longer covered for medical
or dental coverage through a spouse's coverage shall be
allowed to enroll or transfer into the health coverage
combination of his/her choice within thirty (30) days of the
date coverage is no longer afforded under the spouse's
plan.
20.8 Health Care Spending Account. The County
will offer regular full-time and part-time (20/40 or greater)
County employees the option to participate in a Health
Care Spending Account (HCSA) Program designed to
qualify for tax saving under Section 125 of the Internal
Revenue Code, but such savings are not guaranteed. The
HCSA Program allows employees to set aside a pre-
determined amount of money from their paycheck, not to
exceed $3000 per year, for health care expenses not
reimbursed by any other health benefits plan before tax
dollars. HCSA dollars can be expended on any eligible
medical expenses allowed by Internal Revenue Code
Section 125. Any unused balance can not be recovered by
the employee.
20.9 PERS Long Term Care. The County shall deduct
and remit monthly premium and eligible lists to the PERS
Long Term Care Administrator, at no County
administrative cost, for County employees who are eligible
AFSCME Local 512 - 114 - 1999-2002 MOU
SECTION 20-- HEALTH, LP'7 AND DENTAL CARE
and voluntarily elect to purchase long term care through
the PERS Long Term Care Program.
The County further agrees that County employees
interested in purchasing PERS Long Term Care may
participate in meetings scheduled by PERS Long Term
Care on County facilities during non-work hours. (i.e.,
coffee breaks, lunch hour).
20.10 Deferred Retirement. Effective two (2) months
following' an approved agreement, employees who resign
and file for a deferred retirement may continue in their
County group health and dental plan; the following
conditions and limitations apply.
a. Life insurance coverage is not included.
b. To be eligible to continue health and dental
coverage, the employee must:
1 . be qualified for a deferred retirement under
the 1937 Retirement Act provisions.
2. be an active member of a County - group
health and/or dental plan at the time of filing
their deferred retirement application and
elect to continue health benefits.
3. be eligible for a monthly allowance from the
Retirement System and direct receipt of a
monthly allowance within twenty four (24)
AFSCME Local 512 _ 115 - 1999-2002 MOU
SECTION 20— HF^,L TH., LIFE AND DENTAL Q0 —E
months of their application for deferred
retirement.
4. file an electron to defer retirement and to
continue health benefits hereunder with the
County Benefits Division within thirty (30)
days before their separation from county
service.
C. -Deferred retirees who elect continued health
benefits hereunder may maintain continuous
membership in their County health and/or dental
plan group during the period of deferred
retirement at their full personal expense, by
paying the full premium for their health and dental
coverage on or before the 11 th of each month to
the Auditor-Controller. When they begin to
receive retirement benefits, they will qualify for
the same health and/or dental plan coverage and
county subvention to which retirees who did not
defer retirement are entitled.
d. Deferred retirees who elect continued health
benefits hereunder may elect not to maintain
participation in their county health and/or dental
plan during their deferred retirement period; and
may instead qualify for the same coverage and
county subvention in any County health and/or
dental plan when they begin to receive retirement
benefits as retirees who did not defer retirement
are entitled; provided reinstatement to a County
group health and/or dental plan with county
AFSCME Local 512 - 116 - 1999-2002 MOU
SECTION 21 - PPe)BATIONARY PERIOD
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.
SECTION 21 - PROBATIONARY PERIOD
21.1 Duration. All appointments from officially
promulgated employment lists for original entrance and
promotion shall be subject to a probationary period. For
original entrance appointments, the probationary period
shall be from nine (9) months to two (2) years duration.
21.2 Probation Periods Over Six (6)/Nine U9
Months. Classes represented by the Union which have
probation periods in excess of nine (9) months for original
entrance appointments and six (6) months for promotional
appointments;
Appraiser Aide - One (1 ) year
Junior Appraiser - One (1 ) year
AFSCME Local 512 - 117 - 1999-2002 MOU
act t tuN 21 - PROBATIONARY PERIOD
21 .3 Revised Probation Period. When the
probationary period for a class is changed, only new
appointees to positions in the classification shall be
subject to the revised probationary period.
21.4 Criteria. The probationary period shall date from
the time of appointment to a permanent position after
certification from an eligible list. It shall not include time
served under provisional appointment or under
appointment to limited term positions or any period of
continuous leave of absence without pay or period of work
connected disability exceeding fifteen (15) calendar days.
For those employees appointed to permanent-intermittent
positions with a nine (9) month probation period, probation
will be considered completed upon serving fifteen hundred
(1500) hours after appointment except that in no instance
will this period be less than nine (9) calendar months from
the beginning of probation. If a permanent-intermittent
probationary employee is reassigned to full time, credit
toward probation completion in the full time position shall
be prorated on the basis of one hundred seventy-three
(173) hours per month.
21.5 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
AFSCME Local 512 - 118 - 1999-2042 MOU
SECTION 21 - PROF 4TIONARY PERIOD
any rejection during the probationary period
based on political, or religious or Union activities,
or race, color, national origin, sex, age, disability
or sexual orientation.
B. The appeal must be written, must be signed by
the employee and set forth in the grounds and
facts by which it is -claimed that grounds for
appeal exist under Subsection A .and must be
filed through the Director of Human Resources to
the Merit Board by 5:00 p.m. on the seventh (7th)
calendar day after the date of delivery to the
employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if
it finds probable cause to believe that the
rejection may have been based on grounds
prohibited in Subsection A, it may refer the matter
to a Hearing Officer for hearing, recommended
findings of fact, conclusions of law and decision,
pursuant to the relevant provisions of the Merit
Board rules in which proceedings the rejected
probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a
hearing, it shall deny the appeal. If, after hearing,
the Merit Board upholds the appeal, it shall direct
that the appellant be reinstated in the position
and the appellant shall begin a new probationary
period unless the Merit Board specifically
reinstates the former period.
AFSCME Local 512 _ 119 - 1999-2002 MOU
SECTION 21 - PROBATIONARY PERIOD
21 .6 Regular Appointment. The regular appointment
of a probationary employee shall begin on the day
following the end of the probationary period, subject to the
condition that the Director of Human Resources receives
from the appointing authority a statement in writing that the
services of the employee during the probationary period
were satisfactory and that the. employee is recommended
for permanent appointment. A probationary employee may
be rejected at any .time during the probation- period without
regard to the Skelly provisions of this MOU, without notice
and without right of appeal or hearing except as provided
in Section 21 .5.A. If the appointing authority has not
returned the probation report, a probationary employee
may be rejected from service within a reasonable time
after the probation period for failure to pass probation. The
appointing authority shall attempt to give a probationary
employee five (5) days notice of said rejection. If the
appointing authority fails to submit in a timely manner the
proper written documents certifying that a probationary
employee has served in a satisfactory manner and later
acknowledges it was his or her intention to do so, the
regular appointment shall begin on the day following the
end of the probationary period.
Notwithstanding any other provisions of the MOU, an
employee rejected during the probation period from a
position in the Merit System to which the employee had
been promoted or transferred from an eligible list, shall be
restored to a position in the department from which the
employee was promoted or transferred.
AFSCME Local 512 - 120 - 1999-2002 MOU
SECTION 21 - PRf%SATIONARY PERIOD
An employee dismissed for other than disciplinary reasons
within six (f) months after being promoted or transferred
from a position in the Merit System to a position not
included in the Merit System shall be restored to a position
in the classification in the department from which the
employee was promoted or transferred.
A probationary employee who has been rejected or has
resigned during probation shall not be restored to the
eligible list from which the employee was certified unless
the employee receives the affirmative recommendation
from the appointing authority and is certified by the Human
Resources Director whose decision is final. The Director of
Human Resources shall not certify the name of a person
restored to the eligible list to the same appointing authority
by whom the person was rejected from the same eligible
list, unless such certification is requested in writing by the
appointing authority.
21.7 Layoff Durina_, Probation. An employee who is
laid off during probation, if reemployed in the same class
by the same department, shall be required to complete
only the balance of the required probation. if reemployed
in another department or in another classification, the
employee shall serve a full probationary period. An
employee appointed to a permanent position from a layoff
or reemployment list is subject to a probation period if the
position is in a department other than the department from
which the employee separated, displaced, or voluntarily
demoted in lieu of layoff. An appointment from a layoff or
reemployment list is not subject to a probation period if the
position is in the department from which the employee
AFSCME Local 512 - 121 - 1999-2002 MOU
SECTION 22 - PPIMOTION
separated, displaced or voluntarily demoted in lieu of
layoff.
21.8 Rejection During Probation of Layoff
Em. . An employee who has achieved permanent
status in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the
probation period shall be automatically restored to the
layoff list, unless discharged for cause, if the person is
within the period of layoff eligibility. The employee shall
begin a new probation period if subsequently certified and
appointed in a different department or classification than
that from which the employee was laid off.
SECTION 22 - PROMOTION
22.1 Competitive Examination. Promotion shall be
by competitive examination unless otherwise provided in
this MOU.
22.2 Promotion Policy. The Director of Human
Resources, upon request of an appointing authority, shall
determine whether an examination is to be called on a
promotional basis.
22.3 Open Exams. If an examination for one of the
classes represented by the Union is proposed to be
announced on an open only basis, the Director of Human
Resources shall give five (5) days prior notice of such
proposed announcement and shall meet at the request of
AFSCME Local 512 - 122 - 1999-2002 MOU
SECT"IN 22 - PROMOTION
the Union to discuss the reasons for such open
announcement.
22.4 Promotion Via Reclassification Without
Examination. Notwithstanding other provisions of this
Section, an employee may be promoted from one
classification to a higher classification and his/her position
reclassified at the request of the appointing authority and
under the following conditions:
a. An evaluation of the position(s) in question must
show that the duties and responsibilities have
significantly increased and constitute a higher
level of work.
b. The incumbent of the position must have
performed at the higher level for one (1 ) year.
C. The incumbent must meet the minimum
education and experience requirements for the
higher class.
d. The action must have approval of the Human
Resources Director. .
e. The Union approves such action.
The appropriate rules regarding probationary status and
salary on promotion are applicable.
22.5 Reauirements for Promotional Standina. In
order to qualify for an examination called on a promotional
AFSCME Local 512 - 123 - 1999-2002 MOU
SECTION 22- PP^MOTION
basis, an employee must have probationary or permanent
status in the Merit System and must possess the minimum
qualifications for the class. Applicants will be admitted to
promotional examinations only if the requirements are met
on or before the final filing date. If an employee who is
qualified on a promotional employment list is separated
from the Merit System, except by layoff, the employee's
name shall be removed from the promotional list.
22.6 Seniority Credits. Employees who have
qualified to take promotional examinations and who have
earned a total score, not including seniority credits, of
seventy percent (70%) or more, shall receive, in addition
to all other credits, five one-hundredths of one percent
(.05%) for each completed month of service as a
permanent County employee continuously preceding the
final date for filing application for said examination. For
purposes of seniority credits, leaves of absence shall be
considered as service. Seniority credits shall be included
in the final percentage score from which the rank on the
promotional list is determined. No employee, however,
shall receive more than a total of five percent (5%) credit
for seniority in any promotional examination.
22.7 Denial Review. If the department denies an
employee's request for reclassification, upon request of
the Union, the denial will be reviewed by the Human
Resources Director and appointing authority and the
reasons for denial given to the Union in writing.
22.8 Release Time For Examinations. Permanent
employees shall be granted release time from work
AFSCME Local 512 - 124 - 1999-2002 MOU
SE'rION 23 - TRANSFER
without loss of pay to take County promotional
examinations or take interviews for a County promotional
position provided the employee gives the Department
sufficient notice of the need for time off.
SECTION 23 - TRANSFER
23.1 Transfer Conditions. The following conditions
are required in order to qualify for transfer:
a. the position shall be in the same class, or if in a
different class shall have been determined by the
Director of Human Resources to be appropriate
for transfer on the basis of minimum qualifications
and qualifying procedure;
b. the employee shall have permanent status in the
Merit System and shall be in good standing;
C. the appointing authority or authorities involved in
the transaction shall have indicated their
agreement in writing; .
d. the employee concerned shall have indicated
agreement to the change in writing;
e. the Director -of Human Resources shall have
approved the change.
Notwithstanding the foregoing, transfer may also be
accomplished through the regular appointment procedure
AFSCME Local 512 - 125 - 1999-2002 MOU
SECTION 23 - Tr 1 NSFER
provided that the individual desiring transfer has eligibility
on a list for a class for which appointment is being
considered.
23.2 Transfer Policy. Any employee or appointing
authority who desires to initiate a transfer may inform the
Director of Human Resources in writing of such desire
stating the reasons therefor. The Director of Human
Resources shall if he or she considers that the reasons
are adequate and that the transfer will be for the good of
the County service and the parties involved, inform the
appointing authority or authorities concerned and the
employee of the proposal and may take the initiative in
accomplishing the transfer.
23.3. Transfer Procedure. The County will provide the
Union with a list of administrative/personnel officers of
each County department. It is the responsibility of
employees to contact County departments and inform
them of their desire to transfer. Employees who transfer
from one department to another shall serve a three (3)
month probationary period. Provisions of this section do
not apply to transfers from eligible lists.
The Human Resources Director will send a list of
employees interested in a transfer to all departments with
each certification (referral) from an employment list for a
vacant position. The appointing authority may contact the
employees interest in a transfer and may choose to
interview them in relation to the vacancy. The decision of
the appointing authority is final. Upon receipt of the proper
documents and in accordance with Sections 23.1 and
AFSCME Local 512 - 126 1999-2002 MOU
SES'-ION 23 - TRANSFER
23.2, employees will be eligible for transfer upon receipt of
approval of the Director of Human Resources. Nothing in
this section limits the ability of individuals to express their
interest in a transfer without having first made a transfer
application or restricts an appointing authority from making
a transfer appointment of such an individual.
23.4 Transfer List. The Human Resources Director
will send to all departments an updated transfer list on a
monthly basis.
23.5 Reassignment of Work Location. Employees
desirous of reassignment to a position in the same
classification at another work location shall submit a
request for reassignment in writing to the Department
Head. When openings occur in various work locations,
requests for reassignment will be reviewed with
consideration given to various factors including but not
limited to distance of employee's residence from desired
work location and relative length of service of the
applicants for a particular location. The Department Head
or designated representative shall make the sole
determination as to assignment of personnel, except as
otherwise provided in the supplemental sections of this
MOU. This provision applies to intradepartmental
reassignments only. In no event shall reassignments be
utilized for disciplinary purposes.
AFSCME Local 512 - 127 - 1999-2002 MOU
SECTION 24 - RF^IGNATIONS
SECTION 24 - RESIGNATIONS
An employee's voluntary termination of service. ' is a
resignation. Written resignations shall be forwarded to the
Human Resources Department by the appointing authority
immediately on receipt, and shall indicate the effective
date of termination. Oral resignation shall be immediately
confirmed by the appointing authority in writing to the
employee and to the Human Resources Department and
shall indicate the effective date of termination.
24.1 Resignation "in Good Standing. A resignation
giving the appointing authority written notice at least two
(2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period of notice, or
consents to the employee's terminating on shorter notice)
is a resignation in good standing.
24.2 Constructive Resignation. A constructive
resignation occurs and is effective when:
a. An employee has been absent from duty for five
(5) consecutive working days without leave, and;
b. Five (5) more consecutive working days have
elapsed without response by the employee after
the mailing of a notice of resignation by the
appointing authority to the employee at the
employee's last known address.
AFSCME Local 512 - 128 - 1999-2002 MOU
SECTIO"'24'24 - RESIGNATIONS
24.3 Effective Resignation. A resignation is effective
when delivered or spoken to the appointing authority,
operative either on that date or another date specified.
24.4 Revocation. A resignation that is effective is
revocable only by written concurrence of the employee
and the appointing authority. -
24.5 Coerced Resignations.
A. Time Limit. A resignation which the employee
believes has been coerced by the appointing
authority may be revoked within seven (7)
calendar days after its expression, by serving
written notice on the Director of Human
Resources and a copy on the appointing
authority.
B. Reinstatement. If the appointing authority
acknowledges that the employee could have
believed that the resignation was coerced, it shall
be revoked and the employee returned to duty
effective. on the day following the appointing
authority's acknowledgment without loss of
seniority or pay.
C. Contest. Unless, within seven (7) days of the
receipt of the notice, the appointing authority
acknowledges that the resignation could have
been believed to be coerced, this question should
be handled as an appeal to the Merit Board. In
the alternative, the employee may file a written
AFSCME Local 512 - 129 - 1999-2002 MOU
SECTION 24 - RF04GNATIONS
election with the Director of Human Resources
waiving the employee's right of appeal to the
Merit Board in favor of the employee's appeal
rights under the grievance procedure contained in
Section 26 of the MOU beginning with Step 3.
D. Disposition. If a final decision is rendered that
determines that the resignation was coerced, the
resignation shall be deemed revoked and the
employee returned to duty effective on the day
following the decision but without loss of seniority
or pay, subject to the employee's duty to mitigate
damages.
24.6 Eligibility for Reemployment. Within one (1 )
year of resignation in good standing from County service,
a person who has had permanent status which included
satisfactory completion of probation may make application
by letter to the Director of Human Resources for
placement on a reemployment list as follows: the class
from which the person resigned; or any one class of equal
or lesser rank in the occupational series and in which the
person had previously attained permanent status; or for
any class or deep class which has replaced the class in
which the person previously had status, provided that the
person meets the minimum requirements for the new
class. If the appointing authority of the department from
which the person resigned recommends reemployment,
the Director of Human Resources shall grant
reemployment privileges to the person. Consideration of
names from a reemployment list is mandatory if the
appointing authority recommended reemployment of the
AFSCME Local 512 - 130 - 1999-2002 MOU
SECTION 25 - D.. ,MISSAL, SUSPENSION, TER 'ORARY REDUCTION
IN PAY, AND DEMOTION
individual(s) listed but is optional for other appointing
authorities. Names may be removed from reemployment
lists in accordance with the provisions of Section 11 .2.J of
this MOU.
SECTION 25 - DISMISSAL, SUSPENSIONx
TEMPORARY REDUCTION IN PAY, AND DEMOTION
25,1 Sufficient Cause for Action. The appointing
authority may dismiss, suspend, temporarily reduce the
pay of, or demote any employee for cause. A temporary
reduction in pay will not exceed five percent (5%) of base
pay for a period of three (3) months. The following are
sufficient causes for such action; the list is indicative rather
than inclusive of restrictions, and dismissal, suspension,
temporary reduction in pay, or demotion may be based on
reasons other than those specifically mentioned:
a. absence without leave,
b. conviction of any criminal act involving moral
turpitude,
C. conduct tending to bring the merit system into
disrepute,
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
AFSCME Local 512 - 131 - 1999-2002 MOU
SECTION 25 - DI.*P tjSSAL., SUSPENSION, TEM 7RARY REDUCTION
IN PAY, AND DE4,JTION
g. being at work under the influence of liquor or
drugs, carrying onto the premises liquor or drugs
or consuming or using liquor or drugs during work
hours and/or on County premises,
h. neglect of duty, i.e., non-performance of assigned
responsibilities,
i. negligent or willful damage to public property or
waste of public supplies or equipment,
j. - violation of any lawful or reasonable regulation or
order given by a supervisor or Department Head,
k. willful violation of any of the provisions of the
merit system ordinance or Personnel
Management Regulations,
I. material and intentional misrepresentation or
concealment of any fact in connection with
obtaining employment,
M. misappropriation of County funds or property,
n. unreasonable failure or refusal to undergo any
physical, medical and/or psychiatric exam and/or
treatment authorized by this MOU,
o. dishonesty or theft,
p. excessive or unexcused absenteeism and/or
tardiness.
AFSCME local 512 - 132 - 1999-2002 MOU
SECTION 25 - C ,MISSAL, SUSPENSION, TEr'OORARYREDUCTION
h-, .JAY, AND DEMOTION
q. sexual harassment, including but not limited to
unwelcome sexual advances, requests for sexual
favors, and other verbal, or physical conduct of a
sexual nature, when such conduct has the
purpose or effect of affecting employment
decisions concerning an ' individual, or
unreasonably interfering with an individual's work
performance, or creating an intimidating and
hostile working environment.
25.2 Skelly Requirements. Notice of Proposed Action
(Skelly Notice). Before taking a disciplinary action to
dismiss, suspend for more than five (5) work days (four (4)
work days for employees on 4/10 work week), reduce the
pay of or demote an employee, the appointing authority
shall cause to be served personally or by certified mail on
the employee, a Notice of Proposed Action, which shall
contain the following:
a. A statement of the action proposed to be taken.
b. A copy of the charges; including the acts or
omissions and grounds upon which the action is
based.
C. If it is claimed that the employee has violated a
rule or regulation of the County, department or
district, a copy of said rule shall be included with
the notice.
AFSCME Local 512 - 133 - 1999-2002 MOU
SECTION 25 - Dl,PWISSAL, SUSPENSION, TEM"ORARY REDUCTION
IN PAY, AND DE.._JTION
d. A statement that the employee may review and
request copies of materials upon which the
proposed action is based.
e. A statement that the employee has seven (7)
calendar days to respond to the appointing
authority either orally or in writing.
25.3 Employee Response. The employee upon
whom a Notice of Proposed Action has been served shall
have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed
action may be taken. Upon request of the employee and
for good cause, the appointing authority may extend in
writing the period to respond. If the employee's response
is not filed within seven (7) days or during any extension,
the right to respond is lost.
25.4 Leave Pending Employee Response. Pending
response to a Notice of Proposed Action within the first
seven (7) days or extension thereof, the appointing
authority for cause specified in writing may place the
employee on temporary leave of absence, with pay.
- 25.5 Length of Suspension. Suspensions without
pay shall not.exceed thirty (30) days unless ordered by an
arbitrator, an adjustment board or the Merit Board.
AFSCME Local 512 - 134 - 1999-2002 MOU
SECTION 25 - D'"?MISSAL, SUSPENSION, TEI``IORARY REDUCTION
/NN PAY, AND DEMOTION
25.6 Procedure on Dismissal. Suspension.
Temporary Reduction in Pay. or Disciplinary
Demotion.
A. In any disciplinary action to dismiss, suspend,
temporarily reduce the pay of, or demote an
employee having permanent status in a position
in the merit system, after having complied with
the Skelly requirements where applicable, the
appointing authority shall make an order in writing
stating specifically the causes for the action.
B. Service of order. Said order of dismissal,
suspension, temporary reduction in pay, or
demotion shall be filed with the Director of
Human Resources, showing by whom and the
date a copy was served upon the employee to be
dismissed, suspended, temporary reduction in
pay, or demoted, either personally or by certified
mail to the . employee's last known mailing
address. The order shall be effective either upon
personal service or deposit in the U. S. Postal
Service.
C. Employee Appeals from order. The employee
may appeal an order of dismissal, suspension,
temporary reduction in pay, or demotion either to
the Merit Board or through the procedures of
Section 26 - Grievance Procedure of this MOU
provided that such appeal is filed in writing with
the Human Resources Director within ten (10)
calendar days after service of said order. An
AFSCME Local 512 - 135 - 1999-2402 MOU
SECTION 26 - GWWANCE PROCEDURE
employee may not both appeal to the Merit Board
and file a grievance under Section 26 of this
MOU.
25.7 Weingarten Rights. In accordance with
applicable Federal law, an employee is entitled to have a
Union representative present at an investigatory interview
with the employee's supervisor when the employee
reasonably believes that disciplinary action might result. It
is the responsibility of the employee to request the
presence of a Union representative, and when such a
request is made by the employee, the investigatory
interview shall be temporarily recessed for a reasonable
period of time until a Union representative can be present.
SECTION 26 - GRIEVANCE PROCEDURE
26.1 Definition and Procedural Steps. A grievance
is any dispute which involves the interpretation or
application of any provision of this MOU excluding,
however, those provisions of this MOU which specifically
provide that the decision of any County official shall be
final, the interpretation or application of those provisions
not being subject to the grievance procedure. The Union
may represent the grievant at any stage of the process.
Grievances must be filed within thirty (30) days of the
incident or occurrence about which the grievant claims to
have a grievance and shall be processed in the following
manner:
AFSCME Local 512 - 136 - 1999-2002 MOU
SECTION 26 - GRIPVANCE PROCEDURE
Step 1 Any employee or group of employees who
believes that a provision of this MOU has been
misinterpreted or misapplied to his or her detriment shall
discuss the complaint with the grievant's immediate
supervisor, who shall meet with the grievant within five (5)
days of receipt of a written request to hold such meeting.
Step 2 If a grievance is not satisfactorily resolved in Step
1 above, the grievant may submit the grievance in writing
within ten (10) work days to such management official as
the Department Head may designate. This formal written
grievance shall state which provision of the MOU has been
misinterpreted or misapplied, how misapplication or
misinterpretation has affected the grievant to the grievant's
detriment, and the redress the grievant seeks. A copy of
each written communication on a grievance shall be filed
with the Director of Human Resources. The Department
Head or his or her designee shall have ten (10) work days
in which to respond to the grievance in writing.
Step 3 If a grievance is not satisfactorily resolved in Step
2 above, the grievant may appeal in writing within ten (10)
work days to the Human Resources Director. The Human
Resources Director or designee shall have twenty (20)
work days in which to investigate the merit of the
complaint and to meet with the Department Head and the
grievant and attempt to settle the grievance and respond
in writing.
Step 4 No grievance may be processed under this
Section which has not first been filed and investigated in
accordance with Step 3 above and filed within ten (10)
AFSCME Local 512 - 137 - 1999-2002 MOU
SECTION 26 - GR''"YANCE PROCEDURE
work days of the written response of the Human
Resources Director or designee. If the parties are unable
to reach a mutually satisfactory accord on any grievance
which arises and is presented during the term of this MOU,
such grievance shall be submitted in writing to an
Adjustment Board comprised of three (3) Union
representatives, no 'more than two (2) of whom shall be
either an employee of the County or an elected or
appointed official of the Union presenting this grievance,
and three (3) representatives of the County, no more than
two (2) of whom shall be either an employee of the County
or a member of the staff of an organization employed to
represent the County in the meeting and conferring
process. Where the parties agree, the Adjustment Board
may be comprised of two (2) Union representatives and
two (2) County representatives. The Adjustment Board
shall meet within twenty (20) work days of receipt of the
written request and render a decision. If the County fails to
meet the time limits specified in Step 4 and the grievant
demands in writing that an Adjustment Board be
convened, the County will convene an Adjustment Board
within ten (10) work days or the grievance will move to
arbitration upon demand.
This step of the grievance procedure may be waived by
the written mutual agreement of the parties.
Step 5 If an Adjustment Board is unable to arrive at a
majority decision, either the grievant or the County may
require that the grievance be referred to an impartial
arbitrator who shall be designated by mutual agreement
between the grievant and the Human Resources Director.
AFSCME Local 512 - 138 - 1999-2002 MOU
SECTION 26 - GRII r"DANCE PROCEDURE
Such request shall be submitted within twenty (20) work
days of the rendering 'of the Adjustment Board decision.
Within twenty (20) work days of the request for arbitration
the parties shall mutually select an arbitrator who shall
render a decision within thirty (30) work days from the date
of final submission of the grievance including receipt of the
court reporter's transcript and - post-hearing briefs, if any.
The fees and expenses of the arbitrator and of the Court
Reporter shall be shared equally by the grievant and the
County. Each party, however, shall bear the costs of its
own presentation, including preparation and post hearing
briefs, if any.
26.2 Scope of Adjustment Board and Arbitration
Decisions.
A. Decisions of Adjustment Boards and arbitrators
on matters properly before them shall be final and
binding on the parties hereto, to the extent
permitted by law.
B. No Adjustment Board and no arbitrator shall
entertain, hear, decide or make
recommendations on any dispute unless such
dispute involves a position in a unit represented
by the Union which has been certified as the
recognized employee organization for such unit
and unless such dispute falls within the definition
of a grievance as set forth in Subsection 26.1
above.
AFSCME Local 512 - 139 - 1999-2002 MOU
SECTION 26 - GP"'=VANCE PROCEDURE
C. Proposals to add to or change this MOU or to
change written agreements supplementary hereto
shall not be arbitrable and no proposal to modify,
amend, or terminate this MOU, nor any matter or
subject arising out of or in connection with such
proposals, may be referred to arbitration under
this Section. Neither- any Adjustment Board nor
any arbitrator shall have the power to amend or
modify this MOU or written agreements
supplementary hereto or to establish any new
terms or conditions of employment.
D. If the Human Resources Director in pursuance of
the procedures outlined in Step 3 above, or the
Adjustment Board in pursuance of the provisions
of Step 4 above resolve a grievance which
involves suspension or discharge, they may
agree to payment for lost time or to reinstatement
with or without payment for lost time.
E. No change in this MOU or interpretations thereof
(except interpretations resulting from Adjustment
Board or arbitration proceedings hereunder) will
be recognized unless agreed to by the County
and the Union.
26.3 Time Limits. The time limits specified above may
be waived by mutual agreement of the parties to the
grievance. If the County fails to meet the time limits
specified in Steps 1 through 3 above, the grievance will
automatically move to the next step. If a grievant fails to
meet the time limits specified in Steps 1 through 3 5
AFSCME Local 512 - 140 - 1999-2002 MOU
SECTION 26- GRI'"�✓ANCE PROCEDURE
above, the grievance will be deemed to have been settled
and withdrawn.
26.4 Union Notification. An official, with whom a
formal grievance is filed by a grievant who is included in a
unit represented by the Union in the grievance, shall give
the Union a copy of the grievance.
26.5 Compensation Complaints. All complaints
involving or concerning the payment of compensation shall
be initially filed in writing with the Human Resources
Director. Only complaints which allege that employees are
not being compensated in accordance with the provisions
of this MOU shall be considered as grievances. Any other
matters of compensation are to be resolved in the meeting
and conferring process, if not detailed in the MOU which
.results from such meeting and conferring process shall be
deemed withdrawn until the meeting and conferring
process is next opened for such discussion. No
adjustment shall be retroactive for more than six (f)
months from the date upon which the complaint was filed.
26.6 StrikelWork Stoppage. During the term of this
MOU, the Union, its members and representatives, agree
that it and they will not engage in, authorize, sanction, or
support any strike, slowdown, stoppage of work, sickout,
or refusal to perform customary duties.
In the case of a legally declared lawful strike against a
private or public sector employer which has been
sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of
AFSCME Local 512 - 141 - 1999-2002 MOU
SECTION 26 - GP"7VANCE PROCEDURE
physical harm shall not be required to cross the picket line,
provided the employee advises his or her supervisor as
soon as possible, and provided further that an employee
may be required to cross a picket line where the
performance of his or her duties is of an emergency nature
and/or failure to perform such duties might cause or
aggravate a danger to public health or safety.
26.7 Merit Board.
A. All grievances of employees in representation
units represented by the Union shall be
processed under Section 26 unless the employee
elects to apply to the Merit Board on matters
within its jurisdiction.
B. No action under Steps 3, 4, and 5 of Subsection
26.1 above shall be taken if action on the
complaint or grievance has been taken by the
Merit Board, or if the complaint or grievance is
pending before the Merit Board.
26.8 Filing bv Union. The Union may file a grievance
at Step 3 on behalf of affected employees when action by
the County Administrator or the Board of Supervisors
violates a provision of this MOU.
26.9 Disputes Over Existence of Grievance.
Disputes over whether a grievance exists as defined in
Section 26.1 shall be resolved through the grievance
procedure.
AFSCME Local 512 - 142 - 1999-2002 MOU
SEC TIC-4 27- BILINGUAL PAY
26.10 Disqualification From Taking an Exam. if
disqualified from taking an examination, an employee may
utilize the appeal process specified in the Personnel
Management Regulations for employees disqualified from
taking an examination.
SECTION 27 - BILINGUAL PAY
A salary differential of seventy dollars ($70.00) per month
shall be paid incumbents of positions requiring bilingual
proficiency as designated by the appointing authority and
Director of Human Resources. Said differential shall be
paid to eligible employees in paid status for any portion of
a given month. Designation of positions for which bilingual
proficiency is required is the sole prerogative of the
County. Employees shall not be required to translate
without pay except in emergency situations.
Effective October 1 , 2000, the current program differential
shall be increased to a total of seventy-five dollars
($75.00) per month. Effective October 1 , 2001 , the
differential shall be increased to a total of eighty dollars
($80.00) per month.
SECTION 28 - RETIREMENT
28.1 Contribution. Pursuant to Government Code
Section 31581 .1 , the County will continue to pay fifty (50)
percent of the retirement contributions normally required of
employees. Such payments shall continue for the duration
AFSCME Local 512 - 143 - 1999-2002 MOU
SECTION 28 - RE"'REMENT
of this MOU, and shall terminate thereafter. Employees
shall. be responsible for payment of the employees'
contribution for the retirement cost of living program as
determined by the Board of Retirement of the Contra
Costa County Employees' Retirement Association without
the County paying any part of the employees share. The
County will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
28.2 Tier 111. 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 Ill Retirement Plan under the
following conditions:
a. The County and the Labor Coalition must agree
on the wording of the legislation and both parties
must support the legislation.
b. 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 Ill shall be the same as the current Tier 11
disability provisions.
C. The amount of the employee's required
retirement contribution shall be established by the
County Employees' Retirement Association and
shall be based on the employee's age at entry
into the retirement system.
AFSCME Local 512 - 144 - 1999-2002 MOU
SEC' ON 28 - RETIREMENT
d. Employees represented by the Labor Coalition
and its member employee organizations (herein
referred to as `Labor Coalition') enrolled in Tier II
who have attained five (5) years of retirement
credited service as of the effective date of the
enabling legislation shall have a six (5) month
period after such date to make a one time
irrevocable election of the Tier III Retirement Plan
expressed herein subject to action by the Board
of Supervisors to implement the Plan. Thereafter,
employees represented by the Labor Coalition
enrolled in Tier 11 who have attained five (5) years
of retirement credited service shall have a ninety
(90) day period to make a one time irrevocable
election of the Tier III Retirement Plan expressed
herein.
e. 1 . The County's employer contributions and
subvention of employee contributions for
Labor Coalition employees electing Tier III
which exceed those which would be required
for Tier II membership shall:
a. be funded by reducing the general wage
increase agreed upon to be effective
October 1 , 1997, and the pay equity
amounts attributable thereto, by a
percentage sufficient to reduce the
County's wage obligation by three ($3)
million dollars per year; and the general
wage increase of all employees
AFSCME Local 512 - 145 - 1999-2002 MOU
SECTION 28 - RET--'?EMENT
represented by the Labor Coalition shall
be reduced accordingly; and
b. in the ' event the County's costs
attributable to the creation and operation
of Tier III exceed $3 million per year or
the County Employees' Retirement
Association's actuaries determine in
future years that the County's retirement
costs have increased and that the
increase is attributable to the creation of
Tier III and/or the impact of Tier III on
the County's retirement costs, such
increase shall be funded by reducing the
general wage increase(s) agreed upon
in , future years, and the pay equity
amounts attributable thereto, to the
extent that future wage increases are
granted; and the general wage
increase(s) of all employees
represented by the Labor Coalition shall
be reduced accordingly; and
c. in the event the County's costs
attributable to the Tier III Retirement
Plan are less than three (3) million
dollars per year, the difference shall be
divided by twelve (12) and each twelfth
shall be augmented by an amount equal
to the County's common pooled fund
interest which would have accrued if one
twelfth had been invested in the first
AFSCME Local 512 - 146 - 1999-2002 MOU
SECTFIIN 28 - RETIREMENT
month of the past year, two twelfths in
the second month of the past year and
so forth; and
d. any savings to the County resulting from
the creation and operation of Tier III
shall be used to offset future County
retirement cost increases attributable to
the creation and operation of Tier III;
and
e. County savings shall be held in an
account by the Auditor-Controller which
is invested in the County's common
pooled fund and will accrue interest
accordingly. The County will report
yearly to the Labor Coalition on a) the
beginning account balance, b) the
interest earned, c) expenditures from the
account to cover increased costs
resulting from the Tier III Retirement
Plan, and d) the ending account
balance.
2. Any increased costs to the County, due to
Tier III participation by employees not
represented by the Labor Coalition, shall not
be funded by reduction of general wage
increases otherwise due to the employees
represented by the Labor Coalition.
AFSCME Local 512 - 147 - 1999-2002 MOU
SECTION 28 - RE"'WMENT
3. Subject to the provisions expressed above,
any and all additional employer and County-
paid employee contributions which exceed
the sum of the County's legally required
contributions under Tier II shall be recovered
by reducing general wage increases to the
employees represented by the Labor
Coalition.
4. Any disputes regarding cost or savings shall
be subject to binding arbitration upon
demand of the Labor Coalition or the County.
f. 1 . The enabling legislation shall provide that the
Tier III Retirement Plan may be implemented
only by an ordinance enacted by the Board
of Supervisors.
2. Board of Supervisors' action to implement
the Tier III Retirement Plan shall be taken
not earlier than seven (7) months after the
effective date of the legislation plus thirty
(30) days after an actuarial report on the
County cost of the Plan is received by the
County, provided that before enactment of
the ordinance, the Labor Coalition has not
notified the County in writing that a one
percent (1%) wage increase shall be
implemented by the County effective October
1 , 1997, without interest, in lieu of
implementation �of the Tier III Retirement
Plan.
AFSCME Local 512 - 148 - 1999-2002 MOU
SECTION`) - REIMBURSEMENT
g. The establishment of the Tier III Retirement Plan
pursuant to the terms of this Memorandum of
Understanding shall be subject to approval by the
Board of Retirement of the Contra Costa County
Employees' Retirement Association.
h. In the event the County is prevented from
implementing the Tier 1II 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 111 Retirement Plan.
SECTION 29 - REIMBURSEMENT
29.1 Training Reimbursement. The County
Administrative Bulletin on Training shall govern
reimbursement for training and shall limit reimbursement
for career development training to six hundred fifty dollars
($650) per fiscal year, except as otherwise provided in the
supplemental sections of this MOU. Reimbursement under
the above limits for the costs of books for career
development training shall be allowable. Registration and
tuition fees for career development education may be
reimbursed for up to fifty percent (50%) of the employee's
AFSCME Local 512 - 149 - 1999-2002 MOU
SECTION 29 - REPISURSEMENT
net cost. Books necessary for courses taken for career
development education may be reimbursed for up to one
hundred percent (100%) of the employee's net cost.
29.2 Personal Pro..pertx Reimbursement. The loss or
damage to personal property of employees is subject to
reimbursement under the following conditions:
a. The loss or damage must result from an event
which is not normally encountered or anticipated
on the job and which is not subject to the control
of the employee.
b. Ordinary wear and tear of personal property used
on the job is not compensated.
C. Employee tools or equipment provided without
the express approval of the department head and
automobiles are excluded from reimbursement.
d. The loss or damage must have occurred in the
line of duty.
e. The loss or damage was not a result of
negligence or lack of proper care by the
employee.
f. The personal property was necessarily worn or
carried by the employee in order to adequately
fulfill the duties and requirements of the job.
AFSCME Local 512 - ISO - 1999-2002 MCU
SECTION "9 - REIMBURSEMENT
g. The loss or damage to employees eyeglasses,
dentures, or other- prosthetic devices did not
occur simultaneously with a job connected injury
covered by Worker's Compensation.
h. The amount of reimbursement shall be limited to
the actual cost - to repair damages.
Reimbursement for items, damaged beyond repair
shall be limited to the actual value of the item at
the time of loss or damage but not more than the
original cost.
i. The burden of proof of loss rests with the
employee.
j. Claims for reimbursement must be processed in
accordance with the Administrative Bulletin on
Compensation for Loss or Damage to the
Personal Property.
29.3 Reimbursement For Meals. Employees shall be
reimbursed for meal expenses under the following
circumstances and in the amount specified in the
Administrative Bulletin on expense reimbursement when:
a. The employee is required by his/her Department
Head to attend a meeting concerning County
business or County affairs.
b. The employee is required to be out of his/her
regular or normal work area during a meal hour
because of a particular work assignment.
AFSCME Local 512 - 151 - 1999-2002 MUU
SECTION 30 - CLAP SIFICATION
C. The employee is required to stay over to attend
consecutive or continuing afternoon and night
sessions of a board or commission.
d. The employee is required to incur expenses as
host for official guests of the County, work as
members of examining boards, official visitors,
speakers or honored guests at banquets or other
official functions.
e. The employee is required to work three (3) or
more hours of overtime; in this case he or she
may be reimbursed in accordance with the
Administrative Bulletin on Expense
Reimbursement.
Meal costs will be reimbursed only when eaten away from
home or away from the facility in the case of employees at
twenty-four (24) hour institutions.
SECTION 30 - CLASSIFICATION
Existing classes of positions may be abolished or changed
and new classes may be added to the classification plan
by the Director of Human Resources subject to approval
by the Board of Supervisors. The County will meet and
confer with the Union on the minimum qualifications and
salary of new classes.
If the County wishes to add duties to classes represented
by the Union, the Union shall be notified, and upon request
AFSCME Local 512 - 152 - 1999-2002 MOU
SECTION 31 - SAFETY AND SAFETY EQUIPMENT REIMBURSEMENT
of Union representatives of the County, will meet and
consult with the Union over such duties.
SECTION 31 - SAFETY AND SAFETY EQUIPMENT
REIMBURSEMENT
The County shall expend every effort to see to it that the
work performed under the terms and conditions of this
MOU is performed with a maximum degree of safety
consistent with the requirement to conduct efficient
operations. The Union may recommend safety guidelines,
regulations, training programs and necessary corrective
actions concerning conditions associated with the work
environment. Representatives of the Union may want to
discuss with certain Department Heads the participation of
the employees it represents on existing departmental
safety committees. If a Department Head agrees, the
Union may designate a representative to participate in any
established Safety Committee.
An employee designated by the Union may participate on
- each of the established district safety committees within
the Department of Employment & Human Services.
31 .1 VDT Users Eye Examination. The County
agrees to provide all classes in the Clerical Supervisory
Unit and the Social Services Staff Specialists Unit an
annual eye examination on County time at County
expense provided -that the employee regularly uses a
video display terminal at least an average of two (2) hours
per day as certified by their department.
AFSCME Local 512 - 153 - 1999-2002 MOU
SECTION 31 - SAFETY AND SAFETY EQUIPMENT REIMBURSEMENT
Employees certified for examination under this program
must process their request through the Employee Benefits
Division of the County Human Resources Department.
Should prescription VDT eyeglasses be prescribed for the
employee following the examination, the County agrees to
provide, at no cost, the basic coverage which includes a
ten dollar ($10) frame and single vision lenses.
Employees may, through individual arrangement between
the employee and their doctor and solely at the
employee's expense, include bifocal, trifocal or blended
lenses and other care, services or materials .not covered
by the Plan. The basic plan coverage, including the
examination, may be credited toward the employee-
enhanced benefit.
31 .2 Safet}�_ Shoe & Safety Eyeglass
Reimbursement. The County shall reimburse employees
for safety shoes and prescription safety eyeglasses in
those classifications the County has determined eligible for
such reimbursement.
For each two (2) year period starting January 1 , 19941
eligible employees will be allowed reimbursement for the
purchase and repair of safety shoes up to a maximum of
one hundred sixty dollars ($160). There is no limitation on
the number of shoes or number of repairs allowed other
than the amount allowed.
The County will reimburse eligible employees for up to one
(1 ) pair per year of prescription safety eyeglasses which
AFSCME Local 512 - 154 - 1999-2002 MOU
SECTION 32 - MILEAGE
are approved by the County and are obtained from such
establishment as required by the County.
SECTION 32 - MILEAGE
The mileage allowance for use of personal vehicles on
County business shall be paid according to the rates
allowed by the Internal Revenue Service shall be adjusted
to reflect changes in this rate on the date it becomes
effective or the first of the month following announcement
of the changed rate by the Internal Revenue Service,
whichever is later.
Mileage from an employee's home- to the normal work
location is not reimbursable. The normal work location is
the location to which an employee is regularly assigned.
An employee with more than one (1 ) normal work location
shall be reimbursed for the mileage traveled in the same
work day between those work locations.
When an employee is temporarily reassigned to a different
work location, mileage will be reimbursed in excess of the
normal mileage between the employee's home and the
regular work location.
SECTION 33 - STAGGERED WORK SCHEDULE
The Department of Employment & Human Services shall
continue to operate a staggered work schedule plan.
Office hours shall remain open to the public from 8:00 a.m.
AFSCME Local 512 - 155 - 1999-2002 MOU
SECTION 33 - STAGGERED WORK SCHEDULE
to 5:00 p.m., Monday through Friday. Permanent full time
employees shall have the option to select, subject to prior
approval of the department, an eight (8) hour day, forty
(40) hour workweek schedule consisting of work hours
which may be other than the normal 8:00 a.m. to 5:00 p.m.
or 4:30 p.m. work schedule. The following shall serve as
the basic criteria for the staggered shift:
a. All employees must be present at their office or
otherwise engaged in the duties of their position
during the core hours of 10:00 a.m. and 3:30 p.m.
b. Work schedules must remain within the hours of
7:00 a.m. and 7:00 p.m.
C. The selected staggered work schedule shall
consist of the same hours of work each day
except for when a schedule including one varying
eight hour workday is necessary to provide officer
of the day coverage or for other specific
circumstances in I which the department
determines that such a varying schedule is
appropriate. The decision of the department head
or designee shall be final.
d. Each employee's proposed staggered schedule
must be submitted in writing and approved by the
Department Head or designee prior to
implementation.
e. Changes in staggered schedules shall be
requested in writing and must have the approval
AFSCME Local 512 - 156 - 1999-2002 MOU
SECTION 34 - MEAL PERIODS
of the Department Head or designee prior to
implementation.
f. Conflicting requests for schedules shall be
resolved by the Department Head or designee
whose decision shall be final.
g. It is understood that an individual employee's
schedule may be changed due to the needs of
the department.
h. In the event this staggered scheduling provision
is found by the department to be inconsistent with
the needs of the department, the department
shall so advise representatives of the Union and
the County and the Union shall meet and confer
in an attempt to resolve the inconsistency.
SECTION 34 - MEAL PERIODS
Representatives of the Union may discuss varying meal
periods (e.g. one-half. (1/2) hour versus a one (1 ) hour
meal period), with certain Department Heads. Any change
in the meal period agreed to by the Union and Department
Heads must have final approval from the County
Administrator.
AFSCME Local 512 - 157 - 1999-2002 MOU
SECTION 35 - PERFORMANCE EVALUATION
SECTION 35 - PERFORMANCE EVALUATION
In those instances when there is a written performance
evaluation of an employee and the employee is requested
to sign the evaluation, the employee shall receive a copy
of the evaluation if he/she so requests.
SECTION 35 - DISCIPLINARY ACTIONS
If the employee so requests in writing, a copy of any
written disciplinary action affecting an employee shall be
furnished to the Union.
SECTION 37 - PERSONNEL FILES
Employees shall have the right to inspect and review any
official record(s) relating to his or her performance as an
employee or to a grievance concerning the employee
which is kept or maintained by the County in the
employee's personnel file in the Human Resources
Department. The employee's union representative, with
written authorization by the employee, shall also have the
right to inspect and review any official record(s) described
above. The contents of such records shall be made
available to the employee and/or the employee's union
representative for inspection and review at reasonable
intervals during the regular business hours of the County.
Copies of written reprimands or memoranda pertaining to
an employee's unsatisfactory performance which are to be
placed in the employee's personnel file shall be given to
AFSCME Local 512 - 158 - 1999-2002 MOU
SECTION 37 - PERSONNEL FILES
the employee who shall have the right to respond in writing
to said documents.
Derogatory material in an employee's personnel file (such
as warning letters) over two (2) years old will not be used
in a subsequent disciplinary action unless directly related
to the action upon which the discipline is taken.
Derogatory material does not include prior suspensions,
demotions or dismissals for cause.
The County shall provide an opportunity for the employee
to respond in writing to any information which is in the
employee's personnel file about which he or she
disagrees. Such response shall become a permanent part
of the employee's personnel record. The employee shall
be responsible for providing the written responses to be
included as part of the employee's permanent personnel
record.
This section does not apply to the records of an employee
relating to the investigation of a possible criminal offense,
medical records and information or letters of reference.
Employees have the right to review their official personnel
files which are maintained in the Human Resources
Department or by their department. In a case involving a
grievance or disciplinary action, the employee's
designated representative may also review his/her
personnel file with specific written authorization from the
employee.
AFSCME Local 512 - 159 - 1999-2002 MOU
SECTION 38 - SERVICE AWARDS
SECTION 38 - SERVICE AWARDS
The County shall continue its present policy with respect to
service awards including time off; provided, however, that
the type of award given shall be at the sole discretion of
the County.
The following procedures shall apply with respect to
service awards:
a. Presentation Before the Board of Supervisors. An
employee with twenty (20) or more years of
service may go before. the Board of Supervisors
to receive his/her Service Award. When
requested by a department, the Human
Resources Department will make arrangements
for the presentation ceremony before the Board
of Supervisors and notify the department as to
the time and date of the Board meeting.
b. Service Award Day Off. Employees with fifteen
(15) or more years of service are entitled to take
a day off with pay at each five (5) year
anniversary.
SECTION 39 - REASSIGNMENTS
39.1 Request for Reassignment. The Department of
Employment & Human Services shall continue the
vacancy information system which lists vacant positions
which the department has determined will be filled by
AFSCME Local 512 - 160 - 1999-2002 MOU
SECTION 39 - REASSIGNMENTS
intradepartmental reassignment. Positions shall be Fisted
for five (5) working days in department offices prior to
filling the position.
Permanent full time employees desirous of reassignment
to a position in the same classification at another work
location should submit a request in writing to the
Department of Employment & Human Services personnel
office. Such request will stay in effect for ninety (90) days
from the date it is submitted. When it is determined that a
vacant position may be filled by intradepartmental transfer,
the department will determine from which district the
transfer may be made based upon the amount and nature
of work, and the names of people from that/those
district(s) in the appropriate classification who have
indicated a desire to transfer to that location will be
submitted to the supervisor who will make a selection. In
the event three (3) names are not available through this
process, then the gaining supervisor may request
additional names from the reemployment/eligible list.
39.2 Involuntary Reassignments. In the event an
involuntary reassignment must be made, the Department
of Employment & Human Services will determine the
building from which the employee will be reassigned,
based on workload statistics. The least senior employee in
that building in the appropriate classification will be
transferred.
If a vacancy occurs in the same class and in the same
geographic area from which an employee was involuntarily
reassigned, the Department shall offer the position to the
AFSCME Local 512 - 161 - 1999-2002 MOU
SECTION 39 - REASSIGNMENTS
employee who was involuntarily reassigned. If the
employee declines the offer, he/she will not be considered
for any future vacancies in that geographic area except as
provided in Section 39.1 above.
For the purposes of this Section, geographic areas shall
be defined as West County, Central County and East
County.
39,3 Social Service Staff Specialists Unit. S.S.
Program Analysts, S.S. Information Systems Analysts and
S.S. Sr. Information Systems Analysts and S.S. Staff
Development Specialists (hereinafter referred to as
Analysts) in this unit, shall* have the opportunity to express
their desire for reassignments to a position in the same
classification at any time in accordance with Section 23.5
-- Departmental Transfer Agreements. Analysts shall be
notified of positions vacant and eligible to be filled via
memo at their work site. The Department shall interview all
interested Analysts in that classification who have
responded to the vacancy notification.
Selection of Analysts for reassignment to vacant positions
will be reviewed with consideration given to various factors
including but not limited to: experience or demonstrated
skill appropriate to the, position sought; any previous
involuntary reassignments; seniority within the
classification; operational and programmatic needs of the
Department; location of the work assignment relative to
the Analyst's place of residence. The Department Head or
designated representative shall make the sole
determination as to reassignment of personnel.
AFSCME Local. 512 - 162 - 1999-2002 MOU
SECTION 40 - UNFAIR LABOR PRACTICE
In the event of an involuntary reassignment, the number of
times an Analyst has been involuntarily reassigned shall
be considered so as to prevent any Analyst from being
involuntarily reassigned more than once in any twelve (12)
month period. Analysts involuntarily reassigned will be
given priority consideration to return to the assignment and
location from which they were reassigned should that
vacancy occur and it is determined that the position is to
be refilled.
SECTION 40 - UNFAIR LABOR PRACTICE
Either the County or the Union may file an unfair labor
practice as defined in Chapter 34-22 of Board Resolution
No. 8111165 against the other. Allegations of an unfair
labor practice, if not resolved in discussions between the
parties, may be heard by a mutually agreed upon impartial
third party.
SECTION 41 - LENGTH OF SERVICE DEFINITION FOR
SERVICE AWARDS AND VACATION ACCRUALS
The length of service credits of each employee of the
County shall date from the beginning of the last period of
continuous County employment (including temporary,
provisional, and permanent status, and absences on
approved leave of absence). When an employee
separates from a permanent position in good standing and
within two (2) years is reemployed in a permanent County
position or is reemployed in a permanent County position
AFSCME Local 512 - 163 - 1999-2002 MOU
SECTION 42 - PERMANENT PART-TIME EMPLOYEE BENEFITS
from a layoff list within the period of layoff eligibility,
service credits shall include all credits accumulated at time
of separation, but shall not include the period of
separation. The Director of Human Resources shall
determine these matters based on the employee status
records in his/her department.
SECTION 42 - PERMANENT PART-TIME EMPLOYEE
BENEFITS
Permanent part-time employees receive prorated vacation
and sick leave benefits. They are eligible for health, dental
and life insurance benefits at corresponding premium rates
providing they work at least fifty percent (50%) of full time.
If the employee works at least fifty percent (50%) of full
time, County retirement participation is also included.
Effective one hundred and twenty (120) days after all
Coalition Employee organizations have signed their
respective Letters of Understanding, the following benefit
program shall be offered to permanent-intermittent
employees:
a. Program. The County shall offer CCHP Plan A-2
at the subvention rate of sixty-four percent (64%)
of the cost of the premium for a single individual,
to those permanent-intermittent employees who
meet and maintain eligibility.
b. Eligibility. Initial eligibility shall be achieved when
an employee has worked three (3) continuous
AFSCME soca! 512 - 164 - 1999-2002 MOU
SECTION 49 - PERMANENT PART-TIME EMPLOYEE BENEFITS
months of service at an average of fifty percent
(50%) time per month. In order to maintain
eligibility, a permanent-intermittent employee
must remain in paid - status during each
successive month.
C. Pr e-P . Employees who have achieved eligibility
under the terms of 46.2b will pre-pay the
employee's portion of the premium cost so that
the effective date of enrollment .begins effective
the first of the month of eligibility. Employees
must continue to pre-pay their portion of the
health insurance premium in order to continue
benefits. In addition, employees who meet the
eligibility requirements and who have been
voluntarily paying for a county group health
program shall be allowed to enroll in CCHP Plan
A-2 without a waiting period.
d. Family Coverage. Employees may elect to
purchase at their own expense, family coverage,
including domestic partner, and shall follow the
procedures outlined in C. above for payment for
this optional coverage.
e. Implementation. There shall be a sixty (60) day
Open Enrollment period with the initial date of
coverage effective August 1 , 2000. Subsequent
Open Enrollment periods shall be for thirty (30)
days and coincide with the open enrollment
period for County employees beginning in 2001 .
Permanent-intermittent employees who are not
AFSCME Local 512 - 165 - 1999-2002 MOU
SECTION 45 - PROVISIONAL EMPLOYEE BENEFITS
and punctually. Failure to meet the premium deadline will
mean automatic and immediate withdrawal from the
County Group Health Plan and reinstatement may only be
effectuated during the annual open enrollment period.
SECTION 45 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees
of the County immediately prior to their provisional
appointment, are eligible for vacation and sick leave
benefits.
Provisional employees may participate in the County
Group Health Plan of medical, dental and life insurance
coverage wholly at the employee's expense. The County
will not contribute to the employee's monthly premium. The
employee will be responsible for paying the monthly
premium appropriately and punctually. Failure to meet the
premium deadline will mean automatic and immediate
withdrawal from the County Group Health Plan and
reinstatement may only be effectuated during the annual
open enrollment period.
SECTION 46 - WORD PROCESSING/VDT
DIFFERENTIALS
46.1 Buyout of Differential. Effective April 1 , 1992 all
job classes in the Clerical Supervisory Unit and the Social
Service Staff Specialist Unit will be increased to the
closest salary range available that is fifty dollars ($50)
AFSCME Local 512 - 167 - 1999-2002 MOU
SECTION 45- PROVISIONAL EMPLOYEE BENEFITS
and punctually. Failure to meet the premium deadline will
mean automatic and immediate withdrawal from the
County Group Health Pian and reinstatement may only be
effectuated during the annual open enrollment period.
SECTION 45 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees
of the County immediately prior to their provisional
appointment, are eligible for vacation and sick leave
benefits.
Provisional employees may participate in the County
Group Health Plan of medical, dental and life insurance
coverage wholly at the employee's expense. The County
will not contribute to the employee's monthly premium. The
employee will be responsible for paying the monthly
premium appropriately and punctually. Failure to meet the
premium deadline will mean automatic and immediate
withdrawal from the County Group Health Plan and
reinstatement may only be effectuated during the annual
open enrollment period.
SECTION 46 - WORD PROCESSING/VDT
DIFFERENTIALS
46.1 Buyout of Differential. Effective April 1 , 1992 all
job classes in the Clerical Supervisory Unit and the Social
Service Staff Specialist Unit will be increased to the
closest salary range available that is fifty dollars ($50)
AFSCME Local 512 - 167 - 1999-2002 MOU
SECTION 47 - ENGINEERING TECHNICIAN SPECIAL ISSUES
higher than the current salary range at the mid-point step
after the general wage increase of thirty (30) levels is
added. Effective May 1 , 1992 employees in the above
units who were receiving VDT , or Word Processing
Differential shall no longer receive such differential.
46.2 Continuing Differentials. All job classes in the
Income Maintenance, Probation Supervisor and
Engineering Technician Units that currently are eligible for
VDT or Word Processing Differential shall not have $50.00
added to their salary range. However, employees in these
job classes who are receiving either a VDT or Word
Processing Differential will continue to receive the
differential until such time as they vacate their class.
SECTION 47 - ENGINEERING TECHNICIAN SPECIAL
ISSUES
47.1 Rotational Advisory Committee. The Public
Works Department Engineering Rotational Advisory
Committee shall be continued through the term of this
MOU. The primary purpose of this Committee shall be to
make recommendations to the Public Works Director on
an annual basis for rotations of Engineering Technicians.
The Committee shall consist of two (2) Engineering
Technicians and various designated management
representatives. The Engineering Technicians shall be
selected by the Union. The Committee may additionally
include a representative of the Union if requested by the
Engineering Technicians representatives.
AFSCME Local 512 - 168 - 1999-2002 MOU
SECTION 47- ENGINEERING TECHNICIAN SPECIAL ISSUES
The Committee may also discuss Engineering Technician
rotation procedures and implementation methods, safety
and training needs and other related matters.
47.2 Engineering_ Technician B
Procedure. When a vacant Senior Level position is made
available, the Public Works . Department shall bid the
position in the following,manner:
a. All Engineering Technicians-Senior Level and
qualified Engineering Technicians-Journey Level
shall receive a notice of opening.
b. "Qualified" means an employee shall meet the
minimum qualifications of the Engineering
Technician-Senior Level designation.
C. The Departmental Final Selection Interview Panel
shall include at least the Division or Assistant
Division Head for the Division from where the
vacancy occurs and a member of the
Administrative Services Division.
d. The bid notice shall be posted for a minimum of
three (3) work days.
e. Selection shall be made from all interested
applicants on the basis of merit and
qualifications.
AFSCME local 512 - 169 - 1999-2002 MOU
SECTION 47- ENGINEERING TECHNICIAN SPECIAL ISSUES
When a vacant Journey Level position is made available,
the Public Works Department shall bid the position in the
following manner:
a. All Engineering Technicians-Journey Level and
qualified Engineering - Technicians-Entry Level
shall receive a notice of opening.
b. "Qualified" means an employee shall meet the
minimum qualifications of the Engineering
Technician-Journey Level designation.
C. The Departmental Final Selection Interview Panel
shall include at least the Division or Assistant
Division Head for the Division from where the
vacancy occurs and a member of the
Administrative Services Division.
d. The bid notice shall be posted for a minimum of
three (3) work days.
e. Selection shall be made from all interested
applicants on the basis of merit and
qualifications. .
47.3 Flexible Work Week. The Public Works
Department shall continue a flexible forty (40) hour
workweek for Engineering Technicians assigned to the
office. Crucial to the continuance of the flexible forty (40)
hour workweek will be the impact on service to the public.
AFSCME Local 512 - 170 - 1999-2002 MOU
SECTION 48 - CLASSIFICATION STUDIES
47.4 Continuing Education Allowance.
Employees in classifications in the Engineering Technician
Unit shall be eligible to receive a two and one half (2 Y2%)
Continuing Education Allowance effective the first of the
month following adoption of the Memorandum of
Understanding by the Board of Supervisors. The employee
must annually complete at least sixty (60) hours of
approved education or training or at least three (3)
semester units of department approved college credit or
approved combination thereof.
SECTION 48 - CLASSIFICATION STUDIES
48.1 Other Clerical Supervisor Positions. The
County agrees to review and evaluate as necessary any
Clerical Supervisor position where it is alleged that Office
Manager duties are performed.
SECTION 49 - SHERIFF'S DEPARTMENT SHIFT AND
HOLIDAY AGREEMENT
The agreement between the Union on behalf of the
Clerical Supervisory Unit and the Sheriffs Department
concerning shift assignments and holiday coverage in the
Services Division shall remain in effect for the duration of
this agreement.
AFSCME Local 512 - 171 - 1999-2802 MOU
SECTION 50 - SHEPIFF'S NON-SWORN MANAGFMENT UNIT
SECTION 50 - SHERIFF'S NON-SWORN
MANAGEMENT UNIT
50.1 Continuing Education Allowance. The County
agrees to pay a two and one half percent (2-'/2%)
Continuing Education Allowance for the annual completion
of at least sixty (60) hours of approved education or
training or at least three (3) semester units of department
approved college credit or approved combination thereof in
accordance with the following criteria:
a. the application must be submitted, in advance to
the Sheriffs Department, prior to the fiscal year in
which the education or training will occur;
b. education or training must be directly related to
the technical or management duties of the
employees job;
C. the course must be reviewed and approved by
the Sheriff's Department Standards and
Resources Bureau in advance;
d. the employee must show evidence of completion
with a passing grade.
50.2 Uniform Allowance. Employees in
classifications represented by the Sheriff's Non-Sworn
Management Unit identified below will receive a uniform
allowance comparable to employees represented by the
Deputy Sheriffs Association:
AFSCME Local 512 - 172 - 1999-2002 MOU
SECTION 5'! - PROPERTY APPRAISER 1 SNIT SPECIAL ISSUES
Central Identification Bureau Director
Detention Services Supervisor
Director of Food Services-Detention Facilities
Director of Support Services-Detention Facilities
Sheriff's Communication Center Director
Sheriff's Communications Specialist
50.3 Incorporation into MOU. The County agrees to
extend the terms of the MOU to include the Sheriff's Non-
Sworn Management Unit except for Sections 7 (Overtime
and Compensatory Time), 8 (Call-Back Time) and 9 (On-
Call Duty). However, effective January 1 , 2000, employees
in the classification of Detention Services Supervisor shall
be eligible to receive Call-Back Time in accordance with
the provisions of Section 8 — Call-Back Time.
SECTION 51 - PROPERTY APPRAISER UNIT SPECIAL
ISSUES
51 .1 Mileage. The mileage allowance for use of personal
vehicles on County business shall be two cents ($.02) per
mile above the Internal Revenue Service base rate. The
base rate shall be adjusted to reflect changes in this rate
on the date it becomes effective or the first of the month
following announcement of the changed rate by the
Internal Revenue Service, whichever is later.
Effective January 1 , 2000, in lieu of payment of the
aforementioned two cents ($.02) per mile, the salaries of
classifications in the Property Appraisers Unit shall be
increased by one (1 ) level. Beginning January 1 , 2000,
AFSCME Local 512 - 173 - 1999-2002 MOU
SECTION 59 - PROPERTY APPRAISER UNIT SPECIAL ISSUES
mileage allowance for use of personal vehicles on County
business shall be paid according to the rates allowed by
the Internal Revenue Service.
51 .2 Bridged Service Time. Employees who are
rehired and have their service bridged in accordance with
the provisions of this MOU shall accrue vacation in
accordance with the accrual formula in Section 13,3 0
Vacation Accrual Rates. Prior service time which has been
bridged shall count toward longevity accrual.
51 .3 Phvsical Examination. County employees who
are required as pare of the promotional examination
process to take a physical examination shall do so on
County time at County expense.
51 .4 Flex-Time. It is understood that Resolution No.
75/1037 pertaining to flex-time may be applied to the
Property Appraisers Unit as well as other County
employees. Nothing contained in this MOU prohibits the
Department Head from implementing a flex-time system
for employees in the Property Appraisers Unit. The
Department Head, prior to implementation, shall discuss
the implementation of any flex-time system involving
employees represented by the Union with the Union. Then
the Department shall determine if said flex-time is feasible
following a trial period and then shall submit the plan to the
County Administrator for approval. Upon written request to
the Labor Relations Manager, the Union may request to
meet with the Department Head for the purpose of
proposing an alternate flexible work schedule.
AFSCME Local 512 - 174 - 1999-2002 MOU
,b&u!!UN 51 - PROPERTY APPRAISER UNIT SPECIAL ISSUES
51.5 Educational Incentive. Effective March 1 , 1994
classes represented by the Union will be entitled to a
salary differential of one and one-half percent (1 .5%) of
base pay or a minimum of fifty dollars ($50) per month,
whichever is greater, for possession of a certification for
educational achievement from at least one of the following:
a. American Institute of Real Estate Appraisers-
Residential Member (RM) designation;
b. State Board of Equalization-Advanced Appraiser
certification;
C. International Association of Assessing Officers -
Residential Evaluation Specialist (RES);
d. Society of Auditor Appraisers - Master Auditor-
Appraiser (MAA) designation;
e. Society of Real Estate Appraisers - Senior
Residential Appraiser (SRA) designation;
f. Any other certification approved by the County
Assessor and the Director of Human Resources.
51 .6 4/10 Summer Schedule. After the annual
assessment rolls have been processed, the Assessor will
consider continuation of the annual 4/10 summer
schedule, which begins July 1St of each year.
AFSCME Local 512 - 175 - 1999-2002 MOU
SECTION 52 - MEQ IS
SECTION 52 - MEALS
Employees represented by the Union who are employed at
the County Hospital and who are required to work on
Thanksgiving, Christmas or New Year's will be provided a
free meal in the Hospital Cafeteria at no cost to the
employee between 6:30 a.m. and 6:30 p.m. only.
SECTION 53 - SPECIAL STUDIES/ PROJECTS/
ADJUSTMENTS
A. The County will conduct a feasibility study during
the term of this MOU to ascertain the advantages
and/or disadvantages to County employees of
providing an Ineligible Deferred Compensation
Plan as described in Section 457(f) of the Internal
Revenue Code of 1986.
B. The Department of Employment & Human
Services shall review, on at least a quarterly
basis, the amount and nature of work of
individuals in the Income Maintenance Program
Unit. As , possible within budgetary and
operational constraints, the Department will
attempt to balance the amount and nature of
work of individuals in that Unit. There shall be a
meeting between the Department of Employment
& Human Services and the Union, as necessary,
to review and discuss the existing amount and
nature of work, and efforts made and considered
to balance that work. Summaryminutes shall be
AFSCME Local 512 - 176 - 1999-2002 MOU
SECTION 5*4 - SPECIAL STUDIES/PROJECTS/ADJUSTMENTS
kept of the discussions and shall be distributed to
committee members prior to the next meeting.
C. The Department of Employment & Human
Services and representatives of the Income
Maintenance Unit of the Union shall meet to
begin consideration of the potential impacts
future automation could have on the amount and
nature of work for this classification.
D. Attendance Program.am. There shall be convened a
Labor-Management Committee to develop an
attendance program for County employees.
E. The County agrees to meet with representatives
of Local 512 to discuss performance evaluation
on a County-wide basis but not a County-wide
performance form.
F. Grievance Procedure. Following completion of
these negotiations, but no later than November 1 ,
1996, representatives of the County shall meet
and confer with representatives of the Labor
Coalition in order to develop rules and guidelines
governing the conduct and administration of
Adjustment Boards.
G. Bi-Weekly Pay Periods. The County shall present
to Labor Coalition a comprehensive proposal for
replacement of the current system of monthly pay
with a bi-weekly (every other week) pay system.
AFSCME Local 512 - 177 - 1999-2002 MOU
SECTION 53 - SPECIAL STUDIES/PROJECTS/A OJUSTMENTS
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-time and part-time
permanent employees for the purpose of
compensating shift differential, hazard pay,
straight-time overtime and straight-time holiday
pay. However, these discussions will not be
contingent upon any agreement reached
regarding bi-weekly pay.
H. Wellness Incentive Program. A broad-based pilot
Wellness Incentive Program will be developed
with input from the joint Labor/Management
Wellness Committee. The purpose of this
program wil-I be to reward County employees with
incentives for participating in Wellness Program
activities and encourage them to live healthier
lifestyles. The Wellness Committee will work
AFSCME Local 512 - 178 - 1999-2002 MOU
SECTION 51 - SPECIAL STUDIES/PROJECTS!ADJUSTMENTS,
closely with the Human Resources Department
on program design and implementation.
Program Design. The Wellness Incentive
Program design will include the development of
additional wellness activities to compliment the
current Employee Wellness Program schedule
and collaboration with health plan carriers to
develop special programs and activities for
County employees and to encourage participation
in their established wellness activities. Special
emphasis will be placed on supporting major
programs such as: Smoking Cessation,
Nutrition/Weight Loss, Brown Bag Seminars,
Health Screenings and Health Fairs.
Format. A point value system for program
participation will be developed wherein each
wellness activity and program will be assigned a
point value. Points will accumulate and incentive
prizes will be awarded to employees upon
realizing certain point levels. The value of the
prizes will increase with higher point values and
one (1 ) grand prize will be awarded each year to
the employee with the highest number of points.
Incentives. A series of incentive prizes will be
assigned to certain point values. In addition,
recognition for employee and department
participation will be an important aspect of the
Wellness Incentive Program.
AFSCME Local 512 - '179 - 1999-2002 MOU
SECTION 53 - SPECIAL STUDIESI PROJECTS/ADJUSTMENTS
Referral. The parties agree to refer the contents
of this proposal to the Wellness Committee for its
consideration.
I. Child Care. The County will continue to support
the concept of non-profit child care facilities
similar to the "Kids at Work" program established
in the Public Works Department.
J. Differentials. The County and the Labor Coalition
agree to establish a Labor/Management
Committee comprised of five (5) labor and five (5)
management employees to study and
recommend actions necessary to standardize
payment and application of differentials including,
but not limited to, proration for less than full-time
employees; the length of payment while on paid
sick leave or disability and consistency between
percent-based vs. flat-payment differentials.
K. The County will conduct a classification study of
classifications represented by AFSCME Local
512 in the Probation Supervisors Unit. Any
increases due as a result of the study shall be
retroactive to January 1 , 2000.
L. Name and Address Chanaes. On a quarterly
basis beginning January 1 , 2000, the County will
provide to the Union an updated list of employee
names and addresses.
AFSCME Local 512 _ 180 - 1999-2002 MOU
SECTION 54,- SPECIAL BENEFITS
SECTION 54 - SPECIAL BENEFITS
Incumbents in all classes in the Social Service Staff
Specialist Unit, Income Maintenance Unit, Clerical
Supervisory Unit, Probation Supervisors Unit and Sheriffs
Non-Sworn Management Unit are eligible to receive the
following benefits:
A. Life Insurance. Effective January 1 , 2000,
$45,000 Group Term Life Insurance will be
provided. Premiums for this insurance will be paid
by the County with conditions of eligibility to be
reviewed annually. Provisions of this section do
not apply to the Engineering Technician Unit.
Effective January 1 , 2000, incumbents in all
classes in the Property Appraiser Unit shall be
eligible for $45,000 Group Term Life Insurance.
B. LTD. Long-Term Disability Insurance will be
provided, with a replacement limit of eighty-five
percent (85%) of total monthly base earnings
reduced by any deductible benefits. The premium
for this Long-Term Disability Insurance will be
paid by the County.
C. Vacation Buy Back Plan. The County will
reimburse up. to one-third (1/3) of an employee's
annual vacation accrual, subject to the following
conditions: (a) the choice can be made only once
in each calendar year; (b) payment shall be
based on an hourly rate determined by dividing
the employee's monthly salary by 173.33; and (c)
AFSCME Local 512 - 181 - 1999-2002 MOU
SECTION 54 - SPECIAL BENEFITS
the maximum number of hours that may be
reimbursed in any year is one-third (1/3) of the
annual accrual at the time of reimbursement.
D. Professional Development. Reimbursement will
be provided for up to two hundred dollars ($200)
per fiscal year for memberships in professional
organizations, subscriptions to professional
publications, attendance fees at job-related
professional development activities, job-related
books, electronic calendars and organizers, and
soft and hardware from a standardized county
approved list or with Department Head approval,
provided each employee complies with the
provisions of the computer Use and Security
Policy adopted by the Board of Supervisors.
Beginning January 1 , 2000, employees shall be
eligible for reimbursement of up to four hundred
dollars ($400) for each two year period.
Authorization for individual professional
development reimbursement requests shall be
made by the Department Head. Reimbursement
will occur through the regular demand process
with demands being accompanied by proof of
payment (copy of invoice or canceled check).
E. Longevity Differential. A Longevity Pay Plan will
provide a two and one-half percent (2.5%)
increase in pay following completion of ten (10)
years of County Service.
AFSCME Local 512 - 182 - 1999-2002 MOU
SECTION 54-- SPECIAL BENEFITS
F. Paid Personal Leave. Fifty (50) hours of paid
personal leave will be provided during a calendar
year. Said personal leave is provided to
recognize both the fact that these employees do
not and will not receive payment for overtime and
the unavailability of compensatory time off for this
group of employees.
G. Deferred Compensation Incentive. , Effective May
1 , 1992, the County's contribution to eligible
employees who participate in the County's
Deferred Compensation Plan will be forty dollars
($40) per month. Effective January 1 , 2000, the
County's contribution to eligible employees who
participate in the County's Deferred
Compensation Plan will be fifty dollars ($50) per
month. To be eligible for this incentive
supplement, eligible employees must first
contribute a Base Contribution Amount to the
Deferred Compensation Plan as follows:
Monthly Base
Current Contribution Amt.
Monthly Qualifying Base for Maintaining
Salary Contribution Amt. Program am Eligib
2500 & below, 250 50
2501 - 3334 500 50
3335 - 4167 750 50
4168 - 5000 1000 50
5001 - 5834 1.500 100
5835 - 6667 2000 100
6668 & above 2500 100
AFSCME Local 512 - 183 - 1999-2002 MOU
SECTION 54 - SPECIAL BENEFITS
Employees who meet these Base Contribution
Amounts must contribute at least fifty dollars
($50) or one hundred dollars ($100) per month to
remain eligible for the forty dollars ($40) County
supplement. Effective January 1 , 2000, the
County supplement will be increased to fifty
dollars ' ($50) per month. Employees who
discontinue contributions or who contribute less
than the required amount per month for a period
of one (1 ) month or more will no longer be eligible
for the forty dollar ($40) County supplement.
To reestablish eligibility, employees must again
make a Base Contribution Amount as set forth
above based on current monthly salary.
Employees with a break in Deferred
Compensation Contributions because of an
approved medical leave, shall not be required to
reestablish eligibility.
Employees with a break in deferred
compensation contributions because of either an
approved medical leave or approved financial
hardship withdrawal shall not be required to re-
establish eligibility. Further, employees who lose
eligibility due to budgetary constraints but
maintain contributions at the required level and
later return to an eligible position shall not be
required to re-establish eligibility.
Eligible employees who participated in the
Deferred Compensation Plan prior to May 1 ,
AFSCME Local 512 - 184 - 1999-2002 MOU
SECTION 55 -ADOPTION
1992 but were not eligible to receive the County
contribution will be given credit towards the
qualifying base amount for contributions made
after January 1 , 1992.
SECTION 55 - ADOPTION
The provisions of this MOU shall be made applicable on
the dates indicated and upon approval by the Board of
Supervisors. Resolutions and Ordinances, where
necessary, shall be prepared and adopted in order to
implement these provisions. It is understood that where it
is determined that an Ordinance is required to implement
any of the foregoing provisions, said provisions shall
become effective upon the first day of the month following
thirty (30) days after such Ordinance is adopted.
SECTION 56 - DURATION OF AGREEMENT
This Agreement shall continue in full force and effect from
October 1 , 1999 to and including September 30, 2002.
Said Agreement shall automatically renew from year to
year thereafter unless either party gives written notice to
the other prior to sixty (60) days from the aforesaid
termination date of its intention to amend, modify or
terminate the agreement.
AFSCME Local 512 - 185 - 1999-2002 MOU
SECT/QN8 - PAST PRACTICES AND FY1ST/NG MEMORANDA OF
UNDERSTANDING
SECTION 58 - PAST PRACTICES AND EXISTING
MEMORANDA OF UNDERSTANDING
Continuance of working conditions and past practices not
specifically authorized by ordinance or by resolution of the
Board of Supervisors is not guaranteed by this MOU;
provided, however, that only during the term of this MOU
which expires September 30, 2002, the Union may claim a
violation of a past practice. If the Union can demonstrate
that such past practice exists by virtue of having been
acknowledged and agreed to by Management and
representatives of the Union or by employees represented
by the Union who reach agreement with a Department
Head on a specific policy covering a group of employees
such as a reassignment policy, the alleged violation of said
past practice will be subject to the grievance procedure.
Those practices which have been agreed to by
Management and not approved by the Department Head
must be confirmed and approved by the Department Head
within six (6) months from the below execution date of this
MOU in order to be considered a past practice pursuant to
this provision.
Date:
CONTRA COSTA COUNTY AF L CAL 512
AFSCME Local 512 - 187 - 1999-2002 MOU
SECTION 48 - PAST PRACTI ES AND FISTING MEMORANDA OF
UNDERSTANDING
SECTION 58 - PAST PRACTICES AND EXISTING
MEMORANDA OF UNDERSTANDING
Continuance Of working conditions and past practices not
specifically authorized by ordinance or by resolution of the
Board of Supervisors is not guaranteed by this MOU;
provided, however, that only during the term of this MOU
which expires September 30, 2002, the Union may claim a
violation of a past practice. If the Union can demonstrate
that such past practice exists by virtue of having been
acknowledged and agreed to by Management and
representatives of the Union or by employees represented
by the Union who reach agreement with a Department ,
Head on a specific policy covering a group of employees
such as a reassignment policy, the alleged violation of said
past practice will be subject to the grievance procedure.
Those practices which have been agreed to by
Management and not approved by the Department Head
must be confirmed and approved by the Department Head
within six (6) months from the below execution date Of this
MOU in order to be considered a past practice pursuant to
this provision.
Date:
CONTRA COSTA COUNTY AF L CAL 512
AFSCME Local 512 - 187 - 1999-2002 MOU
ATTACHMENTS
A Side Letter on Reassignments and Vacation
Scheduling
B Project Positions
C Salary Listing
ATTACHMENT A
Contra Persot . .81 Department
CostaThird Floor, Administration Bldg.
Jl + 651 Pine Street
y Martinez, California 94553.1292
Count
(415) 372-4064
Harry D. Cisterman
Director of Personnel
July 9, 1985
Mr. warren Nelson
Representative
United Clerical Employees,
Local 2700, AFSCME
936 Court Street
Martinez, CA 94553
Dear Mr. Nelson:
This side letter is to confirm agreement that the application of seniority
rules for purposes of layoff and departmental seniority issues including but not
limited to, reassignment and vacation scheduling, in the Income Maintenance Unit
represented by Local 512, AFSCME will be determined as set forth in Section 12
of the 1983-85 Memorandum of Understanding between Contra Costa County and
Professional and Technical Employees, Local 512, AFSCME.
If this conforms to your understanding, please sign the original of this side
letter and return it to me at your earliest convenience. The copy is for your
records
C�4-
Date APPROVED AND ACCEPTED
ontra Costa County Professio l & Technical
Employees, Local 512, AFSCME
—PAS P�5
cc: Robert Jornlin, Social Service
Louise Aiello, Social Service
IJ M41
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
ATTACHMENT B
z
PROJECT POSITIONS
Professional and Technical Employees, AFSCME, Local 512 and the County have met
and conferred in good faith regarding wages, hours and other terms and-conditions
of employment for employees in project classes which, except for the project
designation, would be represented by Professional and Technical Employees,
AFSCME, Local 512. For example. Engineering Technician I is represented by
Professional and Technical Employees, therefore, it has been agreed that
Engineering Technician i-Project will also be represented by Professional and
Technical Employees.
Other project classes that are not readily identifiable as properly included in
bargaining units represented by Professional and Technical Employees shall be
assigned to bargaining units in accordance with the provisions of Section 34-12.015
of Board Resolution 8111165. '
The Union and the County understand that the meet and confer process with respect
to the conditions of employment for project classifications is unique and, therefore,
differs from other regular classes represented by Professional and Technical
Employees in the following respects:
1. Project employees are not covered by the Merit System;
2. project employees may be separated from service at any time without regard
to the provisions of this Memorandum of Understanding, without right of
appeal or hearing or recourse to the grievance procedurespecified herein;
and
3. any provision of this Memorandum of Understanding which pertains to layoff
or seniority are not applicable to project employees.
i
ATTACHMENT' C
AFSCME LOCAL 512
CLASS & SALARY LISTING
EFFECTIVE OCTOBER 1, 1999
CLERICAL SUPERVISORY UNIT (K6)
CLASS CLASS TITLE SALARY
JDHD ACCOUNT CLERK SUPERVISOR 3228 - 4123
VNTC ACCREDITED RECORDS TECHNICIAN 3230 - 3926
VAHB AMBULATORY CARE CLINIC COORD 3616 - 4396
JWHF CLERICAL SUPERVISOR 3074 - 3926
SMTB COLLECTION ENFORCEMENT SUPV 3595 - 4370
JDHT FAM SUPT PAYMENT DISTR SUPV 4123 FLAT
VCHC HS APPOINTMENT SYSTEMS COORD 3616 - 4396
VQSD MH QUALITY ASSU/UTIL REV SUPV 3420 - 4157
SMSA REVENUE COLLECTIONS ADMIN ASST 3246 - 3946
JWHC SUPERVISING ASSESSMENT CLERK 3049 - 3893
V9NB SUPVR PATIENT FINANCIAL SVCS SPEC 4057 - 4931
ENGINEERING TECHNICIAN UNIT (KL)
CLASS CLASS TITLE SALARY
NSWB BLUEPRINT TECHNICIAN 2058 - 2502
NSSA ENGINEERING RECORD TECH SPEC 3286 - 3994
NPSA ENGINEERING RECORDS TECHNICIAN 2803 - 3407
NSTH ENGINEERING TECHNICIAN-ENTRY 2567 - 3451
NSTJ ENGINEERING TECHNICIAN-JOURNEY 3538 - 4003
NSTK ENGINEERING TECHNICIAN-SENIOR 4102 - 4757
N9SC HYDROGRAPHER 3719 - 4521
NSTG SENIOR ENGINEERING RECORDS TECH 3403 - 4136
N9SD SENIOR HYDROGRAPHER 4013 - 4877
INCOME MAINTENANCE PROGRAM UNIT (KK)
CLASS CLASS TITLE SALARY
XHHA ELIGIBILITY WORK SUPERVISOR 1 3804 - 4859
XHSA GENERAL ASSIST HEARING REP 3997 - 4858
XAHA SS FRAUD PREV SUPERVISOR 4210 - 5117
XLHA SS WELFARE FRAUD INVESTIGATOR SUPVR 4210 - 5117
PROBATION SUPERVISOR UNIT (KU)
CLASS CLASS TITLE SALARY
7KHA INSTITUTIONAL SUPERVISOR 1 3813 - 4635
7AHC PROB COMM SVCS PROG 'SUPV 4057 - 4931
7AHA PROBATION SUPERVISOR 1 4680 - 5689
PROPERTY APPRAISER UNIT (K2)
CLASS ' CLASS TITLE SALARY
DATA APPRAISER AIDE 2464 - 2995
DAVA ASSISTANT APPRAISER 3399 - 4132
DATA ASSOCIATE APPRAISER 4261 - 5179
DAWA JUNIOR APPRAISER 3395 - 3742
SHERIFF'S NON-SWORN MANAGEMENT UNIT (KM)
CLASS CLASS TITLE SALARY
64HA DETENTION SERVICES SUPERVISOR 3107 - 3776
64DB MANAGER-CENTRAL ID SERVICES 5100 - 6200
JPN3 PROCESS SUPERVISOR 2996 - 3826
64HE RECORDS BUREAU MANAGER 4876 - 5927
PEDG SHERIFFS' CAD/RMS SYSTEMS MGR 5040 - 6126
64NC SHERIFFS' COM CENTER DIRECTOR 4876 - 5927
64FF SHERIFF'S DIRECTOR OF FOOD SVCS 4876 - 5927
PEDD SHERIFF'S TELECOM TECH MANAGER 5272 - 6408
6AFE SHERIFF'S DIRECTOR OF SUPT 4876 - 5927
6CHA SUPERVISING FORENSIC TOXICOLOGIST 5553 - 6749
SOCIAL SERVICE STAFF SPECIALIST UNIT (KZ)
CLASS CLASS TITLE SALARY
X4SE CHILDREN'S SERVICES PROGRAM SPEC 4382 - 5326
X4SH SS SERVICE PROGRAM ANALYST 4364 - 5305
X4S4 SS STAFF DEVELOPMENT SPEC -PROJ 4364 - 5305
X4SK SS STAFF DEVELOPMENT SPECIALIST 4364 - 5305
XQWD SS INFORMATION SYSTEMS ANALYST 3937 - 4786
XQW7 SS INFO SYSTEMS ANALYST-PROJ 3937 - 4786
X4S3 SS PROGRAM ANALYST-PROJECT 4364 - 5305
XQVC SR SS INFORMATION SYSTEMS ANALYST 5296 - 5839
XQV2 SR SS INFO SYSTEMS ANALYST-PROJ 5296 - 5839
EXHIBITS
(Information/Reference Only)
A Medical/Dental/Life Insurance Adjustments
B Employee Concerns
C Social Service Staff Development Specialist
D Deferred Compensation Incentive Program
E Bomb Threat Procedure
EXHIBIT A
LABOR COALITION—1999 NEGOTIATIONS
ALL EMPLOYEE ORGANIZATIONS COUNTY COUNTER TO COALITION NOs. 3A. 411312&20
L�
Presented: 09124199
Revised: 09130199
TENTATIVE AGREEMENT
MEDICAL/DENTAL/LIFE INSURANCE ADJUSTMENTS
COVERAGES OFFERED I
Effective January 1, 2000, the County will offer the following plans:
Contra Costa Health Plans (CCHP) A& 13, Kaiser, Health Net HMO, Health Net PPO, Delta and PM1
Delta Care Dental.
Effective January 1, 2000 the County will terminate their contracts with Foundation Health Systems
PPO (FHSPPO) and Safeguard A& B Dental.
HEALTH PLAN SUBVENTION
Effective January 1, 2000, the County subvention for medical plans will be as follows:
CCHP A 98%
CCHP B 90%
Kaiser 80%
Health Net HMO 80%
Health Net PPO 66.27% - The County and Coalition will equally share
(50/50) the amount of any premium increases
DENTAL PLAN SUBVENTION
Effective January 1, 2000, the County subvention for Dental plans will be as follows:
Delta DentaVCCHP A 113 98%
PMI Delta Care/CCHP A/B 98%
Delta Dental 78%
PMI Delta Care 78% at 3 year rate guarantee
Dental Only County pays all but .01
MEDICAL PLAN ENHANCEMENTS
Effective January 1, 2000 benefits will be added to the medical plans as follows:
CCHPIA
"puncture No co-pay/10 visits per calendar year
Outpatient Durable Medical Equipment No co-pay
CCHP B
Acupuncture $5 co-payll 0 visits per calendar year
Chiropractic $5 co-pay/20 visits per calendar year
Outpatient Durable Medical Equipment No co-pay
HEALTH NET HMO
Chiropractic $10 co-pay/20 visits per calendar year
Outpatient Durable Medical Equipment No co-pay
KAISER
Office, Emergency Room & Rx co-pays Increase co-pay from $3 to $5
Diabetic Testing Supplies No Co-pay
Chiropractic $15 co-pay/20 visits per calendar year
Outpatient Durable Medical Equipment No co-pay
jELTA DENTAL PLAN ENHANCEMENTS
Increase Annual Maximum from$1200 per member to:
$1400 1/1/2000
$1500 1/1/2001
$1600 1/1/2002
DOMESTIC PARTNER
Domestic Partner and dependents eligible to participate in health/dental coverage contingent upon
meeting eligibility and enrollment requirements.
LIFE INSURANCE
Effective January 1, 2000 increase coverage from $3000 to $7500 for employees enrolled in either a
health and/or dental plan.
HEALTH CARE OVERSIGHT COMMITTEE
he Committee shall continue in its current format
OPEN ENROLLMENT
Open enrollment shall be held September 1 through October 15, 2000 and 2001 for coverage
effective January 1, 2001 and 2002 respectively. Open enrollment for coverage effective January 1,
2003 shall be dependent on the outcome of negotiations.
PLAN MODIFICATIONS
It is understood that the County shall not seek to discontinue or modify any health or dental plan
currently provided. However, if a provider discontinues or modifies benefits pursuant-to the provider's
agreement with the County, the County shall immediately, upon knowledge of this potential, meet and
confer regarding replacement or proposed modification to the contract with the provider.
Replaces:
Local One-Attachment N
Local 512-Attachment B
Local 535 R&F-Attachment D
Local 535 Supv-Attachment C
Local 2700-Attachment E
CNA-Attachment C
WCE -Attachment A
'ENTATIVE AGREEMENT
Dated: d 1
CONTRA C STA CO TY LABO OALITIO
Z�W/dlWA F� �._
MAHIBIT B
Contra Personnel Department
Costa Adrnwuslistoon Bldg
County
651 Pone Strt
eeM&NIOnct. Calff(WMA 94553-1292
DATE: April 14, 1992
TO: Department Heads
FROM: Harry D. Cistertnan, Director of Personn(i
SUBJECT: Employee Concerns
The employees of many departments are concerned about timely response to their
inquiries/filings regarding the following;
A. Vacation.Requests
All department heads are to advise all managers and first line supervisors to
respond to employee vacation requests within ten (10) calendar days of the
receipt for vacation leave.
B Compensatory Time Off in Lieu of Overtime Pay
In accordance with the Provisions of the M.O.U. between the County and
AFSCME, Council 57, employees represented by the Union have the option of
receiving overtime for time worked in excess of the regular work schedule or
receiving compensatory time credit. Please insure that all managers and first
line supervisors are informed of this option.
C. Job Performance Deficiencies
Advise all managers and first line supervisors that job performance
deficiencies should be called to the attention of the employee as soon as
discovered and documented as far in advance of the final period of a
performance evaluation (probation) as possible.
Additionally, employees represented by AFSCME, Council 57 should be allowed
reasonable use of a County FAX machine to receive and transmit necessary
documents to the local Union Office.
Thank you for your cooperation.
HDC:sd
cc: Local2700
Local 512
t�f-11BIT C
Contra
Human Resources
Costa ` Department
Coun}� i Third Floor,Administration Bldg.
��/ "� 651 Pine Street
`moi--
'a couni Martinez.California 94553-1292
May 1, 1997 (510)646-4064
Leslie T.Knight
Director of Human Resources
Mr. Richard Cabral, President
Professional& Technical Employees
AFSCME, Local 512
1000 Court Street
Martinez, Ca 94553
Dear Mr. Cabral:
This side letter represents the agreement reached between the County and AFSCME, Local 512,
relative to the new class of Social Service Staff Development Specialist (SSSDS) and the
experience requirement under the Minimum Qualifications. For purposes of this agreement, the
experience requirement to qualify for and compete in the SSSDS examination process is as
follows:
Experience: Two years of full-time experience or its equivalent in the capacity of either a staff
development/training specialist, supervisor, or program specialist which included responsibility for
the development and presentation of segments of training in a public or private human services
agency.
Or
Current incumbency in the class of Social Service Program Analyst, Social Service Information
Systems Analyst, Senior Social Service Information Systems Analyst, Eligibility Work
Supervisor I, or Clerical Supervisor, and two years of full-time experience or its equivalent in
either a supervisory, program specialist, or administrative capacity in a public or private human
services agency.
This side letter will expire on the scheduled expiration date of the current MOU.
Date: APPROVED AND ACCEPTED
<:��7
Contra Costa County Richard Cabral, President
AFSCME, Local 512
cc: Social Services Department
Labor Relations
Jim Hicks, AFSCME, Local 512
EXHIBIT E
ContCa Human Resources
Department
Cost
County Administration*Bldg.
651 Pine Street,Third Floor
Martinez,Caldornia 94553-1292
July 21, 1997 (510)335-1764
Leslie T.Knight
Director of Human Resources
Richard Cabral, President
AFSCME Local 512
1000 Court Street
Martinez CA 94553
RE: DEFERRED COMPENSATION INCENTIVE PROGRAM GRIEVANCE
Dear Mr. Cabral:
This is in response to the grievance you filed on March 14, 1997 regarding the
Deferred Compensation Incentive Program which provides a County contribution of
forty dollars ($40) per month to employees in an eligible classification represented
by AFSCME Local 512. The grievance alleges that the County is not administering
the program in accordance with Section 52.G of AFSCME Local 512's
memorandum of understanding, specifically by:
1. Requiring eligible employees sign incentive forms in order to determine
employees' base contribution amount.
2. Requiring employees already contributing to the fund to requalify with a new
base contribution amount when promoted to an - eligible classification
represented by AFSCME Local 512.
3. Requiring employees sign a Deferred Compensation Enrollment Change
Form to initiate the County contribution of forty dollars ($40) per month once
the qualifying base contribution amount is attained.
Notwithstanding the existing Countywide practice of following the procedures
outlined above since the inception of the Deferred Compensation Incentive
Program's in 1988, in full and final resolution of this grievance, the County and
AFSCME Local 512 agree to the following:
1. Eligible employees will not be required to sign incentive forms to determine
their base contribution amounts. An employee will be required to submit a
Deferred Compensation Enrollment Change Form to initiate the County
contribution as follows:
a. Employees appointed or promoted into an eligible classification
represented by AFSCME Local 512, who are not currently participating
in the Deferred Compensation' Program will be advised via the
informational management benefit package for Local 512 employees
distributed by the Benefits Division of the Human Resources
Department, that they are entitled to participate in the Deferred
Compensation and Incentive Programs. Employees who elect to
participate may obtain an enrollment package from the Benefits
Division or the Deferred Compensation Program Administrator, ITT
Hartford.
b. After receipt of the forms notifying the Human Resources Department
of an employee's appointment or promotion to an eligible classification
represented by AFSCME Local 512, and upon confirmation that the
employee has contributed the amount required to qualify (based on the
employee's salary after appointment or promotion) for the County
Incentive Program of the 457 Deferred Compensation Plan, the
Benefits Division will send a letter and an enrollment form to the
employee. Employees who elect to participate in the County Incentive
Program must return the signed form to the Benefits Division within
sixty (60) days of the date of the letter in order for participation in the
County Incentive Program to be effective the month following the
promotion or appointment. If the enrollment form is not received by the
Benefits Division within sixty (60) days of the date of the letter, the
incentive will be effective the month following the pay period in which
the enrollment form was received.
C- Upon notification of the appointment or promotion of an employee into
an eligible classification represented by AFSCME Local 512 who has
not met the qualifying base contribution amount, Benefits Division will
track the employee's contribution accrual amount until the month prior
to meeting the qualifying base contribution amount and will repeat the
process in b. above.
d. Under subparagraphs a., b., and c. above, only one notice will be sent.
The notice will be sent to the employee's address on file in the Human
Resources Department.
2
2. Employees currently participating in the Deferred Compensation Program
who have contributed the base qualifying amount for the salary on promotion
or appointment will not be required to requalify with a new base contribution
amount following appointment or promotion to an eligible classification
represented by AFSCME Local 512. The County agrees to contribute $40 per
month to the Deferred Compensation accounts of employees who were
appointed or promoted into an eligible classification represented by AFSCME
Local 512 during the period December 1, 1994 through April 1, 1997 and Who
met the qualifying base contribution amount at the time of their appointment
or promotion (see attached list). Payment will be retroactive to the tenth of
the month following the employee's promotion or appointment date and will
be made on the August 10, 1997 pay warrant.
If this conforms with your understanding, please indicate agreement by signing in
the space provided below.
Sincerely,
L
Kathy Ito
Labor Relations Manager
Confirmed:
Jim cks, f3usides-s Agent Richard Cabral, President
AFSCME, Local 512 AFSCME, Local 512
Yrne=97
deferred comp.512
Attachments
cc: Leslie Knight, Director of Human Resources
Eileen Bitten, Assistant Director of Human Resources
Jean Soares, Human Resources Benefits Division
Judy Campbell, Social Service Dept. Personnel Officer
Auditor-Payroll Division
3
EXHIBIT I
Con Human Resourcec
oSta C
Department f
A&M*&afw GkIg.
County 651 PkW SUOK Thwd F)w
M&MU4 CANDMIa 94553-1292
(610)335-17ZO
Leeft T Knight
Dksdw d Hwnan R"ouroec
December 8, 1997
Ms. Joyce Baird
Senior Business Representative
SEIU, Local 535
661 2r Street
Oakland, CA 94612
Mr. Jim Hicks
Business Agent
AFSCME, Lbcal 512
1000 Court Street
Martinez, CA 94553
Re: Bomb Threat Procedure
Dear Ms. Baird and Mr. Hicks:
Included with this letter is a copy of the Social Services Department's Bomb
Threat Procedure which supplements the County's procedure. This procedure is
the product of numerous negotiation sessions between the parties. Also
included, is a current list of Social Services Department employees by location
who are responsible for making decisions With respect to bomb threats.
This letter also confirms that during the meet and confer process we agreed that
if the union discovered inaccuracies In the Emergency Information list. the Social
Services Department would correct the list within one (1) business day verbally
and subsequently would promulgate the changes In writing within two (2) weeks.
If the Social Services Department does not comply with the foregoing, the County
will meet and confer with the Union regarding Paragraph No. 1 on the Bomb
Threat Procedure.
Pursuant to Paragraph No. 2, a space for the designated on-site union contact
has been provided on the Emergency Information list. Please supply the name of
the individual for each location by December 29. 1997.
December 8, 1997
Bomb Threat Procedure
Page 2
Finally. with respect to Paragraph No. 5, the Social Services Department will
provide the Union with a copy of any written direction distributed to managers.
Sincerely,
Al
Kathy Ito.
Labor Relations Manager
Kl:jm
attachments
cc: Leslie Knight.Director of Human Resources
Eileen Bitten,Assistant Director of Human Resources
John Cullen.Director of Social Services
Judy Campbell,Social Services Department
Joe Tonda.Risk Manager
Keith Fleming,IEDA
Contra Costa County
Social Service Department
Bomb Threat Procedure
September 11, 1997
The County Bomb Threat Procedure will be augmented by the following
Departmental procedures:
1. Each building will have an individual and a back-up individual who will be
responsible for making decisions with respect to bomb threats. It is the
responsibility of these individuals to ensure that there is a back-up
individual in their absence. The Social Service Department will promulgate
a current list of such individuals.
2. The Union may designate an individual with whom the department's
designated individual will consult prior to making a decision if the
department designated individual is considering not evacuating the
building.
3. Those individuals designated by the department and the Union will be
provided training by personnel from either the Bureau of Alcohol, Tobacco
and Firearms, the Concord Naval Weapons Station, or the University of
California at Berkeley Police. This training will be repeated as required or
no less often than every other year.
All other employees will receive training from department trainers who have
been trained as provided in paragraph 3, coordinated through the
Department's Staff Development Division.
The aforementioned training will be completed within six (6) months
following the adoption of this policy.
4. Building searches will be conducted by designated
management/professional search teams.
5. Requests from employees wishing not to return to a building for the
remainder of the day after an evacuation will be considered and decided at
the appropriate time by their supervisor consistent with how other leave
requests are processed. Supervisors will receive direction so that those
requests are handled appropriately.
SUBJECT INDEX
Accrual of Holiday Time & Credit ................................................................62
Accrual of Vacation During Leave Without Pay ..........................................65
Adoption ....................................................................................................185
AgencyShop .................................................................................................7
Anniversary Dates ..................................................................28
Application Of Holiday Credits........................................ ............................59
Attendanceat Meetings............................................................................... 19
BilingualPay.............................................................................................. 143
Call-Back Time ............................................................................................46
CatastrophicLeave Bank ............................................................................83
CertificationRule .........................................................................................27
Classification Studies ................................................................. ..............171
CoercedResignations ............................................................................... 129
Communicating With Employees ................................................................ 13
Compensation Complaints ........................................................................ 141
Compensation for Portion of Month ............................................................31
CompensatoryTime ....................................................................................43
CompetitiveExam ..................................................................................... 122
Confidentiality of Information/Records .........................................................83
Constructive Resignation .......................................................................... 128
Credits To and Charges Against Sick Leave ..............................................66
Damage to Personal Property................................................................... 150
Daysand Hours of Work .............................................................................41
DeferredRetirement.................................................................................. 115
Demotion ...................................................................................................131
Disability ......................................................................................................75
Discipline: Sufficient Cause for Action ...................................................... 131
Dismissal ................................................................................................... 131
Disputes Over Existence of Grievance ..................................................... 142
Disqualification From Taking Examination................................................143
DualCoverage........................................................................................... 114
DuesDeduction .............................................................................................6
Duration of Agreement ..............................................................................185
Eligibility for Reemployment...................................................................... 130
Engineering Technician Special Issues ....................................................168
Entrance Salary ..........................................................27
Fair Labor Standards Act Provisions...........................................................46
FamilyCare Leave ......................................................................................99
Filingby Union .... ................................................ .............................. 142
FlexibleWork Wee,..................................................................................... 170
FurloughDays Without Pay.........................................................................98
Grievance Procedure ................................................................................136
Group Health Plan Coverage....................................................................104
Health Care Spending Account................................................................. 114
Health, Life & Dental Care.........................................................................111
Holidays.......................................................................................................58
Integration of SDI Benefits ..........................................................................81
JuryDuty.................................................................................................... 108
Layoff...........................................................................................................49
Layoff During Probation.............................................................................121
Leaveof Absence........................................................................................95
Leave of Absence Replacement and Reinstatement................................106
Leave Without Pay - Use of Accruals........................................................ 105
LeaveWithout Pay ......................................................................................95
Length of Service Definition ...................................................................... 163
Lengthof Suspension................................................................................134
Maintenance of Membership....................................................................... 11
MealPeriods..............................................................................................157
MedicalLeave .............................................................................................99
MedicareRates .........................................................................................112
MeritBoard ................................................................................................142
Mileage ......................................................................................................155
MilitaryLeave ..............................................................................................98
NoDiscrimination .. ......... ....................................................................... 17
On-Call Duty................................................................................................47
Overtime..........................................................................................:...........42
Part-Time Compensation ............................................................................31
Past Practices/Existing Memoranda of Understanding.............................187
Pay Equity Master Agreement.............. .....24
Pay for Work in Higher Classification..........................................................36
PayWarrants Errors............................... ....................................:.............40
Performance Evaluation............................................................................158
Permanent Part-Time Employee Benefits................................................. 164
Permanent-Intermittent Employee Benefits ..............................................166
Permanent-Intermittent Health Plan.......................................................... 166
PERSLong Term (~ e ............................................ ~__,,_,,_~~~~_,_,,,,,, 11 &
Personal Property „ _,_~_,_~___,,_,,_,,,_,_,,_~_,~_,_~,__~,,,150
PersonnelFiles.......................................................................................... 158
Personnel Management Regulations,,_,,^_,_,__._,,_,_,,,_,_^,_,,^,,_,,_,_,___ 186
Policies Gove0l'FkK3 the Use of Paid Sick Leave_^_,,~,,_,,_,,_,,,.,~,_,_~,_,_,67
Position Reclassification,_,,~,_,,,~,_~__,,,,_,___,_,~_,,,~,_,___,_^~_^,_,~,_^,_,,__,31
Pregnancy Disability Leave_,_,__,___,_,__,___,_~__^_~__~__^_,_~___~__,_ 104
Probationary Period,,,~_,,,_,,_,,_,_,_,_,,_,,~,,~_._,_,_,,,____,_~,_,_,,__,,_,_,,_,_ 117
Procedure on Disciplinary Actions_ ........................................................... 135
PromotionPromotion _,,_,,_,,_^~_,_,__^^_,,_^__~_^^___~,_._,,_,_,,___,_,,______,,__~__,, ,���
°_"_
Promotion 'a Reclassification Without Exa00')la06om __~_,,_,,_,___~___~ 123
Property Appraisers Unit Special Issues._^,___^_~_^~,,_,^__~_~,_,,__,~,_,_ f73
Provisional Employee Be ,,_~___,___,___~_,,__~~___,,__,,,,,_~,_~_,,_,, 167
a ~~”Kh � V ��f� Employees
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Recognition...-....-.-..-, .'..'..-...'...,,-,-..`'^~~^-~^^^~-~~~~~-^~^^^'-^-^~~~~^~^'^`'^~'6
Reduction
in Pay .-_..-..........'...'.,'...'.-'.^'~~~-~~^~-~`~~,'~`~~'^^`-~^'^^-~-^~^'^~ 131
RegularAppointment................................................................................. 120
Reimbursement for Meal Expenses .......................................................... 151
Reinstatement From FamilyCare/Medical Leave,,,~,,_,_~,~,_~__,_~_~__,,__,107
During �� �f ..^....'.~-~-~-.-'~-.~.~'~-'~ 122
Rejection ~ Employee
��� During ^~^ ^- '' '^------'~' ~' '^' ^' � ���
. .=�~~~~,. .~ ,. �.^ Probation ' ' ' ' ' ' ' '_
Release Time for Examinations ................................................................ 124
Release Time For Training..........................................................................21
Requirements for Promotional Standing ................................................... 123
of�»
��es|<][�="~.r|s..~-'.-..-._..'~-,.-'.--'^-..~-.-.---^-'~-^-~''^^-^-^^~~-`~-^~'^^-^' ,"�=���
Retirement,_,_,___,,_~__,_.-.~~.----~`-~-`-----~^^^^---^-^-^-'^^^^^^'`-'^-~^ 143
Revised Probationary ''.-__--~.'~-..._-~-..'..''~-~~-.-^.-~.~.-~-.-~^ 118
Safety & Safety Equipment
Reimbursement............................................. 153
Salaries ��
^~'�^^^~�'^~~~.^�-�~.~^�''�^~�~''^^'^`^�'`^.~�`�^^^'^.'^^^`~�^^�~�^^~`�`~�~..^~^'^`^'�� ,
Salary on Involuntary De ,_,_,_,_,_,_,_,,,~~,,_,,_,,,_,,~,_,,,~_,~,~,~,,_,,,,__35
Salary on Promotion....................................................................................34
Salary on Voluntary Demotion ..-.-.'......-..-,....-..'..-..'..''....-.-..-,.-~~..35
Salary Reallocation/Salary on Real ^.~-.~-.^~~..'-.'' '~.-~----'~-_'22
Salary Review While on Leave of Absence .............................................. 107
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~^�='=~. =. " "��,�=="^~~^," "�~^=.~" ~~ "`°°,,�===". ^==�°=,=,^=.'..-~~-.-~.-.-'.---.-~. ,~.~
Scope of Agreement.................................................................................. 186
SeniorityCredits ........................................................................................ 124
Separability ���
^~~v~~~~~^~^� ~^ Provisions '--
.......................................................................................... 160
Sheriff's Department Ag _,~,__,__^~,_~_,__^,_^,___,_~_~,_,_____,__ 171
Shift Differential _,____^_._^,,_,__,_.____,___,_,___,__,,_~_,_~_^,_,_____,_,,_47
ShopStewards -'.-.-~~-.-^.-_'^-~-~-~.~.~--^.-.-..--~~-.-^..'.~------^~- ' _���
Sick��^�°~ Lea,e ..^^..~~..~...`..^..'~..^^^'~......~^..~......^.'^..'..'^~^`~'^^^'....^....................'^...... ����
Skelly Requirements ~_~-~.'.-_-'.--'~_'^-..---..-.--.-~',.-.-._~-----^-.. 133
SpecialBenefits...... ............................................... ............................ 181
StaggeredWork Schedule ........................................................................155
State Disability Insurance............................................................................87
Strike/Work Stoppage ...............................................................................141
Studies/Projects/Adjustments.................................................................... 176
Suspension................................................................................................ 131
TierIII Retirement...................................................................................... 144
Training Reimbursement........................................................................... 149
Transfer ..................................................................................................... 125
Unauthorized Absence.............................................................................. 108
Unfair Labor Practice................................................................................. 163
UnionDues Form ........................................................................................ 11
Union Representatives ................................................................................20
UnionSecurity ...............................................................................................6
Useof County Buildings.............................................................................. 14
VacationAccrual Rates ...............................................................................64
Vacation Allowance for Separated Employees...........................................65
Vacation Leave on Reemployment from a Layoff List ................................63
Vacation.......................................................................................................63
VDT Users Eye Examination..................................................................... 153
WeingartenRights..................................................................................... 136
Withdrawal of Membership.......................................................................... 12
WitnessDuty ............................................................................................. 110
Word Processing/VDT Differential ............................................................ 167
Workers' Compensation ..............................................................................91
WorkforceReduction....................................................................................49
Written Statement for New Employees ....................................................... 16
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