HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-607 +'-HE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA
Adopted this Resolution on September 24, 2002, bythe following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Glover and Gioia
NIOES: None
,ABSENT: None
ABSTAIN: None
Resolution No. 20021 607
Subject:
Adopt the Memorandum of Understanding )
With SEIU Local 250 )
EE IT RESOLVED that the Board of Supervisors of Contra Costa County as the
governing board of the In-Home Supportive Services public Authority, ADOPT the
N11emorandum of Understanding (MOU) [copy attached and included as part of this
d<pcument] between Contra Costa County and SEIU Local 250 -jointly signed by Kathy
It:), Labor Relations Manager, and Dana Simon, SEIU Local 250 director Home Care
Division - regarding economic terms and conditions for July 1, 2002 through June 30,
2)03 for those classifications represented by that employee organization.
I hereby certify that this is a true and correct copy
of an action takenand entered on the minutes of
the Board of Supervisors on the date show~:
ATTESTED: ,September 24 , 2002
JOHN SWEETEN, Clerk of the Board of
Supervisors and County Administrator
By , ''ti^ta." 111 Tv`"`- r�..Deputy
Coi'tact:Human Resources Department(Kathylto Q 5-1785)
cc: Labor Relations Unit
Personnel Services Unit
Auditor-Controller
County Counsel
Dana Simon,SEIU Local 250
3) determine in advance and under all circumstances who can
and cannot enter their home; and
4) supervise the work of providers providing services to them.
8.2 Confidentiality-Right to Privacy. The Union shall neither seek nor
receive information regarding the name, address, phone number, or any
other personal information regarding consumers. Union representatives
and IHSS providers shall maintain strict standards of confidentiality
regarding consumers and shall not disclose personal information obtained,
from whatever source, pertaining to consumers, unless disclosure is
compelled by legal process or otherwise authorized by law.
SECTION 9- REGISTRY
In accordance with Welfare and Institutions Code Section 12301.6 and
Contra Costa County Ordinance No. 98-14, the Authority shall operate a
registry for the purpose of assisting Consumers in finding providers.
The parties agree to meet and confer regarding registry matters which
impact provider wages, hours and working conditions including, but not
limited to, possible respite and emergency referrals.
SECTION 10- GRIEVANCE PROCEDURE
10.1 Definition and Procedural Stens. 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 Authority official or consumer 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.
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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:
Step 1. Any provider who believes that a provision of this MOU has been
misinterpreted or misapplied to his or her detriment shall discuss the
complaint with the Authority's Executive Director or such representative as
the Director may designate.
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Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the
grievant, or the Union on the grievant's behalf, may submit the grievance in
writing within fifteen (15) days to the IHSS Public Authority director or
his/her designated labor relations representative. The 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 he or she seeks. The Public Authority
Director or his designee shall have twenty (20) days in which to respond to
the grievance in writing. If the grievant requests a meeting with the IIHSS
Public Authority Director or his/her designee at this step, such a meeting
will be held.
Step 3. If a grievance is not satisfactorily resolved in Step 2 above, either
party may request in writing within twenty (20) days that the matter be
referred to non-binding confidential mediation. Mediation will only occur
upon the parties' mutual agreement. The parties will mutually select a
mediator, or if agreement cannot be reached, the parties may request that
a mediator be assigned by the State Mediation and Conciliation Service.
Anything discussed during the mediation will remain confidential and
cannot be used or referenced during any subsequent proceedings (i.e.
arbitration, a different grievance etc.)
Step 4. No grievance may be processed under this Section, which has not
first been filed and investigated in accordance with Step 1 and 2 above
and filed within fifteen (15) days of the written response of the IHSS Public
Authority Director or the completion of mediation. 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, either the grievant, or the Union
on the grievant's behalf, or the IHSS Public Authority may require that the
grievance be referred to an impartial arbitrator who shall be designated by
mutual agreement between the grievant, or the Union of the grievant's
behalf, and the IHSS Public Authority Director. Within twenty-five (25)
days of the request for arbitration, the parties shall mutually select an
arbitrator who shall render a decision within forty-five (45) 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 or the Union on the grievant's behalf, and the IHSS Public
Authority. Each party, however, shall bear the costs of its own
presentation, including preparation and post-hearing briefs, if any.
SEW LOCAL 250 7 2000-2002 MOU
10.2 Scope of Arbitration decisions.
A. Decisions of arbitrators on matters properly before them shall
be final and binding on the parties hereto, to the extent
permitted by law.
B. 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 under such dispute falls within the definition of a
grievance as set forth in Subsection 1 above.
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.
No 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. No change in this MOU or interpretations thereof (except
interpretations resulting from arbitration proceedings
hereunder) will be recognized unless agreed to by the
Authority and the Union.
10.3 Time Limits. The time limits specified above may be waived by
mutual agreement of the parties to the grievance. If the Authority 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 5 above, the grievance will be deemed
to have been settled and withdrawn.
10.4 Union Notification. An official, with whom a formal grievance is
filed by a grievant who is included in a unit represented by the Union, but is
not represented by the Union in the grievance, shall give the Union a copy
of the formal presentation.
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SECTION 11'- TRAINING
The Authority shall seek and give full consideration to the Union's input for
the purpose of developing and implementing training programs for
Providers. Training materials and the curriculum will be developed in
conjunction with the Advisory Committee, giving full consideration to the
Union's input. The Public Authority shall provide reasonable notice to the
Union of group orientations of Registry providers and provider training
classes. The Public Authority shall provide an opportunity for Union
representatives to make presentations at such gatherings. This section is
not intended to require the Public Authority to notify the Union of non-group
orientations it conducts for individual providers.
The Public Authority shall have sole discretion regarding scheduling of
group orientations of Registry providers and provider training classes.
Presentations by Union representatives at such gatherings shall be limited
such as to not infringe on time needed for primary purposes of provider
training and orientation.
The Public Authority shall inform all new Registry applicants that they are
required to either join the Union or to pay Union Fair Share Service Fees
as a condition of IHSS employment, and will make Union authorization
forms and related printed Local 250 information available at group and
individual orientations of Registry providers and at provider training
classes.
The Union likewise agrees to make materials provided by the Public
Authority available at Union events.
SECTION 12 HEALTH AND SAFETY
The Authority staff will meet with Advisory Committee members, social
workers, Public Health Staff, the Union and other interested parties to
explore/study this issue; and, if needed, develop a policy and procedure to
address the issue.
SECTION 13- PENSION
A. Coverage:
The IHSS Public Authority agrees to make contributions on behalf of
eligible IHSS providers as defined and covered by this MOU to the Service
Employees International Union National Industry Pension Fund, hereinafter
referred to as the "Fund" in the amounts specified in Section C below.
SEW LOCAL 250 9 2000-2002 MOU
B. Term
The IHSS Public Authority agrees to become and remain a participating
Employer in the Fund beginning on July 1, 2001 through the end of the
term of this MOU, including any extension thereof, provided that the IHSS
Public Authority's contributions are eligible for Federal matching funds.
C. Contributions
1. Commencing July 1, 2001, the IHSS Public Authority shall contribute
to the SEIU Pension Fund in the amount of $0.15 per hour worked
as provided below, for all eligible IHSS providers as determined and
covered by this MOU.
2. Contributions required by this provision shall be paid to the Fund on
or before the last day of the month following the period for which
contributions are due, or before such other date as the Trustees may
hereafter determine.
3. Contributions shall be transmitted together with a remittance report
containing such information, in such manner, and on such form as
may be required by the Trustees of the Fund or their designee.
4. Contributions for an IHSS provider shall begin once an IHSS
provider has worked one thousand (1,000) hours after July 1, 2001.
Contributions shall be made for such IHSS provider irrespective of
the number of hours worked, in subsequent years. Until contributions
are required to be made on behalf of an IHSS provider pursuant to
the terms of this provision, the IHSS provider shall not be deemed to
be a covered IHSS provider in covered employment within the
meaning of the SEIU National Industry Pension Plan.
D: Trust Agreement
The IHSS Public Authority hereby agrees to be bound by the provisions of
the Agreement and Declaration of Trust establishing the Fund, as it may,
from time to time, be amended, and by all resolutions and rules adopted by
the Trustees pursuant to the powers delegated to them�by that Agreement,
including collection policies, receipt of which is hereby acknowledged.
The IHSS Public Authority hereby designates the Employer members of
the Fund's Board of Trustees, or their duly selected successor(s), as its
representatives on the Board.
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E: Cooperation
The IHSS Public Authority and Union agree to cooperate with the Trustees
of the Fund in distributing Plan booklets, literature and other documents
supplied by the Fund Administrator and in obtaining and providing such
census and other data as may be required by the Fund's Administrator or
Trustees to enable them to comply with the applicable provisions of the
Employee Retirement Income Security Act (ERISA). In any case, there
shall be no mailing or other costs incurred by the IHSS Public Authority.
The parties acknowledge that the provisions of this Section and the
participation of the IHSS providers covered by it are subject to approval by
the Trustees of the Fund and that the Trustees reserve the right to
terminate, at their sole and unreviewable discretion, the participation of the
IHSS providers covered by this MOU and to establish the level(s) of
benefits to be provided.
Termination may be directed by the Trustees for reasons including, but not
limited to, failure of the IHSS Public Authority to timely pay contributions
and expiration of the MOU. In the event the Trust ceases or otherwise
terminates coverage of IHSS providers, the IHSS Public Authority shall
have no other pension obligation to the IHSS providers.
The parties further acknowledge that the Trustees' acceptance for
participation in the Fund of the IHSS providers covered by the MOU is
limited only to the categories of employment covered by the MOU at the
time application for acceptance occurs and the admission of other
categories for employment to participate in the Fund will require specific
acceptance by the Trustees.
SECTION 14- HEALTH/DENTAL PLAN
The following benefit programs shall be offered to IHSS providers
(providers):
a. Program. The IHSS Public Authority shall offer CCHP Plan A-
2 to eligible providers. The Authority shall payy, subvention in the
amount of two hundred nine dollars ($209), towards the cost of the
medical premium for a single individual provider, for those IHSS
providers who meet and maintain eligibility. The IHSS Public
Authority shall offer CCHP Dental Coverage for single individual
providers. The provider shall pay a three-dollar ($3) share of
premium.
b. Eligibility. Initial eligibility shall be achieved when an IHSS
provider has two (2) consecutive months of service at an average of
SEW LOCAL 250 2000-2002 MOU
thirty-five (35) paid hours per month. In order to maintain eligibility,
an IHSS provider shall continue to have thirty-five paid hours during
each successive month. The names of providers who are authorized
and paid for thirty-five (35) or more hours in their first (1s) month of
employment, as verified by the CMIPS PELG list, will be forwarded
to CCHP by the 15th of the following (2nd) month. CCHP will prepare
and mail enrollment packets to the eligible providers by the 25th of
that (2"d) month. A provider will return the completed packet to
CCHP by the last business day of the enrollment (3rd) month for
health coverage to be effective on the first day of fourth (4th) month.
Any applications received by CCHP after the last business day of the
enrollment (3rd) month will not be accepted and the provider will be
eligible to enroll during the next open enrollment period.
C. Pre-Pay. Providers who have achieved eligibility under the terms of
16.1b will pre-pay the employee's portion of the premium cost so
that the effective date of enrollment begins the first of the following
month after provider is eligible. Providers must continue to prepay
their portion of the health insurance premium in order to continue
benefits.
d. Implementation. There shall be a sixty (60) day Open Enrollment
period with the initial date of coverage effective May 1, 2001.
Subsequent Open Enrollment periods shall be for thirty (30) days
and be held in the fall of each year beginning in 2001. Providers who
are not currently eligible, but who subsequently meet the eligibility
requirements, shall be notified of their eligibility and shall have thirty
(30) days from date of notification to decide whether or not to elect
coverage under this program.
f. Providers who are temporarily ineligible may purchase, at their own
cost, the plan in accordance with the procedures set forth by the
Contra Costa County Health Plan.
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SECTION 15- OFFICIAL REPRESENTATIVES, STEWARDS
14.1 Official Representatives. The Union shall notify the IHSS Public
Authority of their Official Representatives and changes in such
Representatives. The list shall be sent to the Labor Relations Unit and a
copy will be sent to the Executive Director of the IHSS Public Authority.
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14.2 Stewards. The Union shall notify the IHSS Public Authority of the
names of their Stewards at the beginning of the contract year and update
the names as changes occur.
SECTION 16- NO STRIKE/NO LOCKOUT
During the term of this MOU, the Union, its members and representatives,
agree not to engage in, authorize, sanction or support any strike,
slowdown, stoppage of work, curtailment of production, or refusal to
perform customary duties. The IHSS Public Authority agrees not to lockout
members during the term of this MOU.
SECTION 17- TRANSPORTATION
The Public Authority shall establish a transportation fund of $75,000 for the
purchase of transportation passes for IHSS providers. The Union and the
Public Authority shall meet and confer to reach an agreement on how the
fund shall be used. The agreement reached shall be added as an
addendum to this MOU.
SECTION 18- LABOR-MANAGEMENT COMMITTEE
In order to encourage open communications, promote harmonious
relations and resolve matters of mutual concern, the parties agree to
create a labor-management committee. The committee will be governed by
the following:
1. The committee will meet every month or as mutually agreed to by
the parties.
2. The topics for such meetings may include, but are not limited to,
mutual respect, payroll problems, health and safety issues and
training and education.
SECTION 19 — SCOPE OF AGREEMENT AND SEPARABILITY OF
PROVISIONS
19.1 Scone of Agreement. Except as otherwise specifically provided
herein, this MOU fully and completely incorporates the understanding of
the parties hereto and constitutes the sole and entire agreement between
the parties in any and all matters subject to meet and confer. Neither party
shall, during the term of this MOU demand any change herein, provided
that nothing herein shall prohibit the parties from changing the terms of this
MOU by mutual agreement.
SEW LOCAL 250 13 2000-2002 MOU
SEP+-2---0218:31 FROM-LOCAL 250 510-763-2680 T-049 P.015/015 F-T67
19.2 Separability of Provisions. Should any section, clause or provision
of this MOUbe declared illegal, unlawful or unenforceable, by final
judgment of a court of competent jurisdiction, such invalidation of such
section, clause or provision shall not invalidate the remaining portions
hereof, and such remaining portions shall remain in full force and effect for
the duration of this MOU.
Dated: "7
IHSS PUBLIC AUTJ40RITY SEW LOCAL 250
Sal Rosselli, President
Mildred Brown
Mary Crew
Helen Hall
'LSetftte M z ,,-e
Dana Simon
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MEMORANDUM OF UNDERSTANDING
BETWEEN
IN-HOME SUPPORTIVE SERVICES AUTHORITY
AND
SEIU HEALTH CARE WORKERS UNION
LOCAL 250
This Memorandum of Understanding (MOU) is entered into pursuant to the
authority contained in Division 34 of Board of Supervisors' Resolution
81/1165 and Contra Costa County Ordinance No. 98-14 and has been
jointly prepared by the parties.
The Director of Human Resources is the manager of labor relations for the
In-Home Supportive Services (IHSS) Public Authority in authority-provider
relations matters as provided in Board of Supervisors' Resolution 81/1165
and Contra Costa County Ordinance No. 98-14.
The parties have met and conferred in good faith regarding wages and
other terms and conditions of employment as defined in Welfare and
Institutions Code Section 12301.6 and Contra Costa County Ordinance
No. 98-14 for the providers in the unit 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
Authority-provider relations covering such providers.
This MOU shall be presented to the Contra Costa County Board of
Supervisors, as the governing board of the IHSS Public Authority, as the
joint recommendations of the undersigned for salary and other adjustments
for the period commencing July 1, 2002 and ending June 30 2003.
SECTION 1 -- DEFINITIONS
Days — Means calendar days unless otherwise specified.
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;SECTION 2- UNION RECOGNITION
SEIU Local 250, Health Care Workers Union (Union) is the formally
recognized employee organization for the representation unit listed below,
and has been certified as such pursuant to Board of Supervisors'
Resolution 81/1165 and Contra Costa County Ordinance No. 98-14.
In-Home Supportive Services Provider Unit
SECTION 3- MUTUAL RESPECT
The IHSS Public Authority and the Union agree that all workers and
administrators involved in the IHSS program regardless of position,
profession, or rank, will treat each other with courtesy, dignity and respect.
The foregoing shall also apply in providing services to the public,
specifically including IHSS consumers.
The Public Authority and the Union will meet, in a timely manner, from time
to time, at the request of either party, to discuss issues regarding the
application of this section.
SECTION 4- NO DISCRIMINATION
There shall be no discrimination because of sex, race, creed, color,
national origin, sexual orientation or union activities against any provider
by the IHSS Public Authority or by anyone employed by the Authority; and
to the extent prohibited by applicable State and Federal law there shall be
no discrimination because of age.
There shall be no discrimination against any disabled person seeking to be
listed on the IHSS registry solely because of such disability unless that
disability prevents the person from performing the essential functions
established for the position or from carrying out the duties of the position
safely.
SECTION 5- PAYROLL
To promote a timely and accurate payroll system, the Authority and the
Union shall work together to identify causes and solutions to problems
resulting in late, lost or inaccurate paychecks and similar issues. When
the causes of problems are outside the Authority's direct control, the
Authority and Union shall work cooperatively to create solutions by
bringing the problems to the attention of the responsible agencies (this
may include the State's payroll department, for example).
The Authority shall provide all home care workers with local access phone
numbers to call for timely answers to payroll questions and resolutions to
problems. The Authority and the Union shall share information on the
causes and potential solutions for payroll issues in good faith and in a spirit
of cooperative problem solving.
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SECTION 6-UNION RIGHTS
6.1 List and Information The IHSS Public Authority shall, on a monthly
basis, provide the Union a list of all current providers including name,
address, telephone number, social security number and hours worked. The
list will be provided in an agreed upon format.
The Union shall defend, indemnify, save, protect and hold harmless Contra
Costa County and Contra Costa County In-Home Supportive Services
Authority and their respective boards, directors, officers and employees
from any and all claims, costs and liabilities for any damages and/or injury
arising from disclosure to SEIU of IHSS provider names, social security
numbers, addresses and phone numbers. The County's and/or Contra
Costa County In-Home Supportive Services Authority's right to be
defended, indemnified, saved, protected and held harmless hereunder
shall be unaffected by the concurrent negligence of the County, the Contra
Costa County In-Home Supportive Services Authority or any other person.
The IHSS Public Authority will provide a bulletin board in each of its offices
for use by the Union provided the communications displayed have to do
with official organization business including, but not limited to, times and
places of meetings and further provided that the employee organization
appropriately posts and removes the information. The Executive Director
reserves the right to remove objectionable materials after notification to
and discussion with the Union.
6.2 Dues Deduction. Pursuant to Board of Supervisors' Resolution
61/1165, only a majority representative may have dues deduction and as
such the Union has the exclusive privilege of dues deduction or agency fee
deduction for all employees in its unit.
6.3 Agency Shop. The Union agrees that it has a duty to provide fair and
non-discriminatory representation to all providers for which this section is
applicable regardless of whether they are members of the Union.
All providers who work twelve (12) or more hours in a month 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 laws. It shall be the sole responsibility of the
SEIU LOCAL 250 3 2000-2002 MOU
Union to determine an agency shop fee which meets the
above criteria; or
3. Do both of the following:
a. Execute a written declaration that the employee is a
member of a bona fide religion, body or sect which has
historically held a conscientious objection to joining or
financially supporting any public employee organization
as a condition of employment; and
b. Pay a sum equal to the agency shop fee described in
Section 6.5.2 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.
4. The Union shall provide the County with a copy of the Union's
agency fee procedure and each revision thereof, and shall
provide notice of said procedure to bargaining unit members
as required by all applicable laws. Failure by an employee to
invoke the said procedure within one month after actual notice
shall be a waiver by the employee of his/her right to contest
the amount of the agency fee, unless otherwise required by
law.
5. Annually, the Union shall provide the Human Resources
Director with copies of the financial report required pursuant to
the Labor-Management Disclosure Act of 1959. Such report
shall be available to employees in the unit. Failure to file such
a report within sixty (60) days after the end of the fiscal year
shall result in the termination of all agency shop fee
deductions without jeopardy to any employee, until said report
is filed, and upon mutual agreement, this time limit may be
extended to one hundred twenty (120) days.
The provider's earnings must be sufficient after required deductions are
made to cover the amount of the dues or agency shop fees. When a
provider is in a non-pay status for an entire pay period, no withholding will
be made to cover the pay period from future earnings. In the case of a
provider who is in a non-pay status during only part of the pay period, and
the salary is not sufficient to cover the full withholding, no deduction shall
be made. In this connection all required deductions have priority over
Union dues and agency shop fees.
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The Authority and the Union will cooperate in the implementation and
subsequent administration of this section.
6.4 Hold Harmless. The Union shall indemnify, defend, and save the
County and the IHSS Public Authority harmless against any and all claims,
demands, suits, orders, or judgments, or other forms of liability that arise
out of or by reason of this union security section, or action taken or not
taken by the County or the Authority under this Section. This includes, but
is not limited to, the County's or Authority's Attorneys' fees and costs. The
provisions of this subsection shall not be subject to the grievance
procedure following the adoption of this MOU by the County Board of
Supervisors acting in their capacity as the governing body of the IHSS
Public Authority.
The IHSS Public Authority shall provide the above information concerning
the agency shop, including the agency shop/union membership form, to all
new providers covered by this MOU as they enroll in the IHSS program
after the effective date of this MOU.
SECTION 7-WAGES
The Public Authority shall submit a wage rate letter on September 16,
2002 to the State of California to adjust the wage rate to $9.50 an hour to
be effective as soon as possible, which has been represented by the State
Department of Social Services to be October 1, 2002.
One time payment:
The Public Authority shall distribute a payment to every IHSS provider who
was paid for authorized IHSS hours for any time worked in July, August or
September 2002. The amount of the checks shall be calculated in the
following manner: The total pool of funds shall be $276,000. This total fund
shall be divided among all providers who were paid for authorized hours
worked at any time in July, August or September 2002 in equal amounts.
SECTION 8- CONSUMER RIGHTS
8.1 Consumer as EmMover.. Under State Law and County Ordinance
establishing the IHSS Public Authority, Consumers have the sole and
undisputed right to:
1) Hire Providers of their choice;
2) remove Providers from their service at will;
SEIU LOCAL 250 5 2000-2002 MOU