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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-642 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adopted this Resolution on October 1, 2002, bythe following vote: XtES: Supervisors Uilkma, DaeSsulnier, Glover and Gioia NOES: None MSENT: Nom AOSTAIN: Supervisor Gerber* Resolution No.200212 S'€jbject: Xlopt the Memorandum of Understanding) W.Ith AFSCME Local 2700 ) 131 IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the etension of the Memorandum of Understanding (MOU) [copy attached and included as pert of this document] between Contra Costa County and AFSCME Local 2700 -jointly s 9ned by Kathy Ito, Labor Relations Manager, and Jim Hicks, AFSCME Local 2700 Business Agent - regarding economic terms and conditions for October 1, 1999 through S yptember 30, 2005 for those classifications represented by that employee organization. *See attached aklmdun 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 show: ATTESTED: October 1, 2002 1 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator ByDeputy CofAact:Human Resources Department(Kathylto Q 5-1795) cc: tabor Relations Unit Personnel Services Unit Audltor-Controller County counsel Jim Hicks,AFSCME 2700 ADDENDUM TO ITEM D.3 -- October 1, 2002 Supervisor Gerber made the following statement: "Mr. Chairman, on this item, based on my husband's employment, there may be a requirement for disqualification. So to avoid the appearance of any possible conflict with the State Political Act, I am disqualifying myself from acting on closed session employee organization negotiations and on this agenda item. The circumstances are indirect and not obvious in the law, so I am acting affirmatively in order to avoid any appearance of conflict. I am actually going to leave the room while you consider this." i I � $ - : ■. . � . . .. ■ - � �. . ■ . � � ■ » ^ . ■ . . . � . � �. ° ' . � . ^ � ■ � ' - ■ � � \ . � . . \ . $ � � � . $ ■ - . . . . e �� � $ � � ■ � ■ - � ■ ^ e ^ � . � � � � e � ■ $ . . , e � f _ . . . e � .$ \ � - e \ � � e . � e � e � � ■ � . $ � � �. ■ \. � � e 2e � � ■ � � # � eff � - � � � e � f f � - t e $ ^ ' . e . � � $ � � � - �■ . . ^ - - ■ ` � � � � � � ' $ ■ � � � . e � � � « . - . . ■ . ■ _ - � - ■ e - t ■ ■ # ee , . - e , a ° e � e 2 � e \ � � e e � - � � � . � � e .e � e ■ . e � � e e � � 2 � ■ � - ` � e ± � � � � � � . - � � ■ . - � e # - e - ■ � ' ' - ' � e � ■ � � ■ � , ^ e e e . e � , e ■ ■ e e , _ e ,» f - e f� � f ■ � ■ � ■ � ■ � ■ e - ■ e � - � ■ e e � ° « � � $ $ - ® � e $ - - - � $ � @ � � , e ' e ' � � � e .■ \ � \ ■ � , � � . � e � � � e� e e� � f ■ � \ � $ ■ f � $ $ e � � e f e . � � � e » $ ■ �e ■ � _ . ' . � $ . . - - ® . . � ' � e � � e _ e # . � � ef ` e � ` e $ � ° ¥ , ¥ ■ - e ■ � �� e - � � _ e ? . : . � � � e - $ e . ■ . . . : � e @ $ ■ f � eee , e f ■ � e / � # f � ef � � � $ ° $ $ . . DEFINITIONS Special provisions and restrictions pertaining to Project employees covered by this MQU are contained in Attachment A which is attached hereto and made a part hereof. aEFINITIONS Alternative Work Schedules means .one or more of the following: 9180: Eight (8) nine (9) hour work days plus an eight (8) hour workday with one (1 ) day off within a.two (2) week work period. 4/10: Four (4) ten (10) hour work days within the work week. 518: Five (5) eight (8) 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. App►ointinc- 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 AF'SCME Local 2700 -2- 1999-2005 MOU � . � ■ ■ - . . - , $ - . f $ ■ e fr e . 2 2 - ■ ■ ° e , e , f $ e � # a $ ■ e . ■ _ e , - $ e f \ » - - , e �� - ■ e � � � . . ■ � ■ � � \ e ° � . e ■ - e , - e e e . e . � ■ e $ - ® - � ® ® � - ® � ® < - e $ - $ ■ Wo ■ f e e f ^ - ' ~ $ e - e ' ■ . $ e - e oF . ■ ■ e - ■ e � � e � � , � - � e , \ e f � � � e ems ■ e � . @ ® - � e � e2 � � -.e � � ■ � . $ \ ef » e ■ $ # ` Nile e ® � ■ - \ . - e \ ■ � � _ . \, ■ � � � : � - � ® » � � \ _ . � e - e ^ ■ f : e � T■ � e ke � .■ � � � � ■ . ■ . . ® . � 3! . � � � � ■ - ° ■ � » ` ^ , - � e _ � ` \� e � - � � \ , , _ _ � $ f © e $ � _ � � e - « � � ■ e . � # e Io ■ . e ■ � ° f . . ■ e . . ■ e . » . � _ a > ev - ■ e e � f $ e ' # � « . . % � OVA � - �� e $ - ■ � ■ � , - e ® - . ■ . � e � � � ' ©■ | \ $ DEFINITIONS Layoff List: A list of persons who have occupied positions allocated to a class in the Merit System and who have been involuntarily separated by layoff or displacement, or demoted by displacement, or have voluntarily demoted in lieu of 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 AFSCME Local 2700 -4- 1999-2005 MOU R • ! • w ! w w � « ! w SECTION 1 - UNION RECOGNITION a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. Transfer: The change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on the salary plan that , is within five percent (5%) at top step as the class previously occupied by the employee. Unlon: AFSCME Local 2700 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. General Clerical Unit SECTION 2 - UNION SECURITY 2.1 Dues Deduction. Pursuant to Board of Supervisors' Resolution 81/1165, 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 units. AFSCME Local 2700 -6- 1999-2005 MOU SECTION 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 . Became and remain a member of the Union or; 2. pay to the Union,, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. do both of the following: a. Execute a written declaration that the employee is a member of a bona fide AFSCME Local 2700 -7- 1999.2005 MOU SECTION ION 2 - UNION VECU/ 17 Y 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.B.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 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 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.B.2 shall not apply during periods . that an employee is separated ArFSCME Local 2700 -8- 1999-2005 MOU .................................................. ................................ SECTION 2 UNION SECURITY 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 Human Resources Director 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 st of each calendar year shall result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed. F. Compliance. 1 . An employee employed in or hired into a job class represented by the Union shall be provided with an 'Employee Authorization for Payroll Deduction" form by the Human Resources Department. 2. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and the union dues, agency shop fee, initiation fee or charitable contribution required under Section 2.2.8.3 are not AESCME Local 2700 -9- 1999-2005 MOU SECTION 2 - UNION SECURITY received, 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, 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 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 Human resources Department shall monthly furnish a list of all new.hires to the Union. 'I. -in the event that employees in a bargaining unit represented by the Union vote to rescind Agency Shop, the provisions of Section 2.3 and 2.4 shall apply to dues-paying members of the Union. 2.3 Maintenance of Membership. All employees in units represented by the Union who are currently paying dues to the Union and all employees in such units who hereafter become members of the Union shall as a condition of continued employment pay dues to the Union AFSCME Local 2700 -10- 1999-2005 MOU .................................. f f . f M • ` i ` • f f f f • f � � f f "' f f f f i f �' f • f • "' • • ' f w f • M f f � • f • .� 1i w - f „ f - f f • '' �' f f � ! • • • � f f f w • f � ' f � � . f � f w ! '' f f • f z 0 f ` � � ` w f w f f. ♦ - .. • t # . . . 11 f r so - • so ! of 0 • • r • • # • +er r • • • r r mop Z r # # # " • i • # r # w SECTION 2 - UNION SECUR17Y 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; and 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. 2.8 Advance Notice. The Union shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and AFSCME Local 2700 -14- 1999-2005 MOU iii i i ;. • "' # # • # iii ! . ii ,. • . .. r ! # is +� # i " ! ' • i # • Iv ! i i t ! i ,. i . ! i • • s • - ! # i ! ! 4F - # # i SECTION 3 - NO DISCRIMINATION Employees, Local 2700, AFSCME may make a voluntary, monetary monthly contribution 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). SECTION 3 - NO DISCRIMINATION There shall be no discrimination because of sex, race, creed, color, national origin, sexual orientation or union activities against any employee or applicant for employment by the County or by anyone employed by the County; 'and to the extent prohibited by applicable State and Federal law there shall be no discrimination because 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. SECTION 4 - SHOP STEWARDS/OFFICIAL REPRESENTATIVES 4.1 Attendance at MeeEmployees designated as shop stewards or official representatives of the Union shall be allowed to attend meetings held by County AFSCME Local 2700 -16- 1999-2005 MOU SECTION 4 - SHOP STEWARDSIOFFICIAL REPRESENTATIVES 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 a meeting necessary for settlement of grievances filed pursuant to Section 26 - grievance Procedure of this MOU and scheduled at reasonable times agreeable to all parties; 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 arrangements for time away from the employee's work station or assignment are made with the appropriate Department 1-lead, and the county agency calling the meeting is responsible for Al SCME LO'cal 2700 -17- 1999-2005 Moil I SECTION 4 ` SHOP STEWARDSIOFFICIAL REPRESENTATIVES 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 Representatives. 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 Manager or other management representatives on matters within the scope of representation, provided that advance arrangements for the time away from the work station or assignment are made with the appropriate Department Head. Shop stewards and union officials shall advise, as far in advance as possible, their immediate supervisor, or his/her designee, of their intent to engage in Union business. All requests for release time shall include the location, the estimated time needed and the general nature of the Union business involved (e.g.., grievance meeting, Skelly hearing). 4.3 Release Time For Training. The County shall provide the Union a maximum of 320 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 AFSCME Local 2700 -18- 1999-2005 MOU SECTION 5 - SALARIES employee whether such request is approved, within one ( 1 ) week of receipt. SECTION 5 SALARIES 5.1 General Waae .Increases. A. The following wage schedule is effective for employees represented by AF'SCME, Local 2700: October 1 , 1999: 5.0% increase October 1 , 2000: 3.0% increase October 1 , 2001 : 4*0% increase October 1 , 2002: 5.0% increase October 1 , 2003: 3.0% increase October 1 , 2004: 3.0% 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 , 1 .999 through November 30, 1999. The October 1 , 1999 increase will be paid retroactively in a. lump sum payment to each employee for the period October 1 , 1999 through November 30, 1999, without interest. The payment amount thus computed will be paid on the January 10, 2040 'pay warrant as a Lump AFSCME Local 2700 -19- 1999-2005 MOU I SECTION 5 - SALARIES Sum Payment" and will be subject to normal tax withholding and retirement deduction requirements. B. Effective October 1 , 1999, the salary of Medical Transcriber (JWD9) shall receive an increase in base pay of 5.4%. Effective October 1 , 2000, the fifth step of the salary range for Experienced Level Clerk and Experienced Level Account Clerk classifications shall be increased by one-percent (1 %). Effective October 1 , 2001 , the fifth step of the salary range for Experienced Level Clerk and Experienced Level Account Clerk classifications shall be increased by one percent (1 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 AFSCME Local 2700 -20- 1999-2005 MOU SECTION 5 - SALARIES 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. 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. Operatign 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 AFSCME Local 2700 -21- 1999-2005 MOU SECTION 5 - SALARIES 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%). 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 dine 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. AFSCME Local 2700 -22- 19992005 MOU SECTION 5 - SALARIES 4. Effective Dates. The County agrees that any pay equity increases will be effective ninety (00) days from the effective date of any general salary increases. 5. Indemnification. Each participating union will promise not to bring or support comparable worth or pay equity litigation against Contra Costa County or any agent, servant, officer, or employee of Contra Costa County and further promise that in the event litigation advancing comparable worth or pay equity claims is brought against the County or any of its agents, servants, officers, or employees, within five (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 ($5000) of the County's attorney fees and costs; provided that the union is not named as a co-defendant in such litigation. 5.3 Entrance Salary. New employees shall generally be appointed at the minimum step of the salary range established for the particular class .of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range. AFSCME Local 2700 -23- 1999-2005 MOU SECTION 5 - SALARIES 5.4 Certification Rule. A. Den Employment List. On each request for personnel from an open employment list, ten (10) names shall be certified. If more than one 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 shall be equal to the number of positions to be filled plus nine (9). B. Promotional Employment List. On each request for personnel from a promotional employment list, five (5) names shall be certified. If more than one 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 Em llooyees. 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 (5) 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 AFSCME Local 2700 -24- 1999-2005 MOU SECTION 5- SALARIES 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. 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. Reemgloyments. 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. AFSCME Local 2700 -25- 1999-2005 MOU SECTION 5 - SALARIES R. Outside Appointments. 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, 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 those of employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5.5 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 I the original report is returned. This decision may be appealed through the Grievance Procedure. AFSCME Local 2700 726- 1999-2005 MOU .. i � - � i i a i a • 40 all I e s nr i i i . i ` i • � i i � • � . i f s � i a .. SECTION 5 - SALARIES 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. 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. AFSCME Local 2700 -28- 1999-2005 MOU | \ / Z _ � . � , . . - � ■ # _ e . _ - ■ ■ : , � _ e t � � ■ - ■ � � @ . � # < - < ■ � ■ . , ■ _ - ■ . f . ^ - . ® ■ � ■ . , - » IV f , ofeeT ^ , ` ■ _ . - � $ ■ � � e - . ■ � ■ � . $ . , - e ^ : � .® � \ ® ® . . # # - $ - $ e , ■ ` � $ e ■ # - ■ f � of , - $ , f § f $ ■ f2 - ® ® . . f : - e ' � + ■ - , ■ ■ � - . ■ e ' e ■ � � ` $ ■ f e � - � e � e \ a � ■ # ` � e # \ ' ■ e � � f m . ■ . ■ ■ e - f e � <■ ■ � - ■ - . , . . � - - ■ e - � « � � ■ . . . � < , e _ : - ■ , e , e _ ® ■ » e ' � $ � t ■ ? e op IV », of . � f . - ■ � e \ - - - � ® ' . 40 , ■ � ■ ■ f � ■ $ - �- _ f ■ � e - e � - e @ � � ■ e f f � ■ � ■ : $ e e - - / ® � ` � ■ , y , e � ■ � '■ e ■ � 2 ■ e ' . � , . - e ■ , ■ - - _ . ■ - � , . ■ ' ■ , v- ■ : - \ - $ $ � - � � ■ - . \ � /■ « . � , : � �# � - | ■ ■ SECTION 5 - SALARIES 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, or above .or below the salary range of the employee's previous class, the incumbent shall be placed. at the step in, the new class which equals the rate of pay received before reallocation. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall .be :placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the incumbent shall be placed at the step which is next lower than the salary received in the old range. D. 1n the event of reallocation to a deep class, the provisions of the deep class resolution and incumbent salary allocations, if any, shall supersede Section 5.10. 5.11 Salary on Promotion. Any employee who is appointed to a position of a class allocated to a higher salary range than the class previously occupied, except as provided under Section 5.14, shall receive the salary in the new salary range which is next higher than the rate received before promotion. In the event this increase is AFSCME Local 2700 -30- 1999-2005 MOU SECTION 5 - SALARIES less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is at least five percent (5%) greater than the next higher step; provided, however, that the next step shall not exceed the maximum salary for the higher class. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in a decrease in which case the employee is appointed to the next higher step. if however, the employee is being appointed into a class allocated to a higher salary range than the class from which the employee was laid off, the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee's current step, whichever is higher. 5. 12 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.13, 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%) Tess 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 AFSCME Local 2700 -31- 1999-2005 MOU SECTION 5 - SALARIES 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 range lowerthan 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, the 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. 1n 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 cold 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. AFSCME Local 2700 -32- 1999-2005.MOU SECTION 5 - SALARIES 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 Meat 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 Salary a-,on Promotion of this Memorandum, commencing on the 41$t 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. AFSCME Local 2700 -33- 1999-2005 MOU SECTION 5 - SALARIES 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 MOU. e. Higher pay assignments shall not exceed six (6) 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. 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 year continuous employment, the employee, upon satisfactory performance in the higher classification, shall be eligible for a salary AFSCME Local 2700 -34- 1999-2005 MOU SECTION 5 SALARIES 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. 15 Payment. On the tenth (1 oth) 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. An election to receive or discontinue an advance shall not .be made more than twice in any calendar year, or during the first month of employment by filing forms prepared by the Auditor-Controller. AFSCME Local 2700 -35- 1999-2005 MOU SECTION S - SALARIES 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 (10th) day of the following month. 5.17 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 found 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 two (2) year period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the appointing authority or designee, the Human Resources Director or designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. AFSCME Local 2700 -36- 1999-2005 MOU SECTION 6 - DAYS AND HOURS OF WORK 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. 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 r 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 :der 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. AFSCME Local 2700 -37- 1999-2005 MOU SECTION 7 - OVERTIME AND COMPENSATORY TIME 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 for at the rate of one and one-half (1-112) times the employee's base rate of pay (not including shift and other special differentials). Overtime for permanent employees is earned and credited in a minimum of one-half hour increments and is compensated by either pay or compensatory time off. 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 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 provisions of this accumulation are set forth in Section 12.8 of this MOU. Regular overtime for twenty-four (24) hour institutional employees may be accrued as compensatory time in accordance with Section 7.2 of this MOU. 7.2 Compensatory Time. The following provisions shall apply: AFSCME Local 2700 -38- 1999-2005 MOO ! ! ! ! r - ` • 0 Il f f f SEMON 7 - OVERTIME AND COMPENSATORY TIME 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). .9. 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 would be replaced by another employee who would be eligible to , receive, for time worked, either overtime payment or compensatory time accruals as provided for in this Section. This provision may be waived at the discretion of the Department Head or his or her designee. .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. AFSCME Local 2700 -40- 1999-2405 MOU ......................................................... SECTION T- OVERTIME AND COMPENSATORY TIME i. Compensatory time accrual balances will be paid off when an employee moves from one department. to another through promotion, demotion or transfer. Said payoff will be made in accordance with the provisions and salary of the class from which the employee is promoting, demoting or transferring as set forth 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 balanus 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; 4. the employee retires. k. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this Section. AI`SCME Local 2700 .41- 1993-2005 MOU w ! • • - • • ' # • • • • • • s i w. IF ' III • • • # '� I �' • M # # • - • • lw i I - • • i! III • � , � # '� • • - • SECTION 'D- SHIFT DIFFERENTIAL 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 Inthe ,hours which qualify for shift differential, employees shall receive five percent (5%) above their base salary rate.,,. To qualify for shift differential, an employee must have a regularly assigned daily work schedule which requires: a. Completion of more than one and one-half (1-1/2) hours over the normal actual working time,. or b. at least four (4) hours of actual working time from 5:00 p.m. through 9:00 a.m. inclusive. However, employees who have been regularly working a shift qualifying for shift differential immediately preceding the commencement of a vacation, paid sick leave period, paid disability or other paid leave, will have shift differential included in computing the pay for their leave. The paid leave AFSCME Local 2700 -43- 1999-2005 MOU SECTION I I - SENIORITY, WORKFORCE REDUCTION, LAYOFF, +& REASSIGNMENT of an employee who is on a rotating shift schedule shall include the shift .differential that would have been received had the employee worked the shift for which the employee was scheduled during such ' period. Shift differential shall only be paid during paid sick leave and paid disability as provided above for the first thirty (30) calendar days of each absence. SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF, +& REASSIGNMENT 11.1 Workforce Reduction. In the event that funding reductions or shortfalls in funding occur In a department or are :expected, which may result in layoffs, the department will notify the union and take-the following actions: a. Identify the 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. AFSCME Local 2700 -44- 9999-2005 MOU SECTION T I - SENIORITY, WORKFORCE REDUCTION, LA Yom, & REASSIGNMENT d. Consider employee requests to reduce their position hours from full time to part time to alleviate the impact of the potential layoffs. e. Approve requests for reduction in hours, lateral transfers, and voluntary demotions to vacant, funded positions in classes not scheduled for layoffs within the department, as well as to other departments not experiencing funding reductions or shortfalls when it is a viable operational alternative. for the department(s). f. Review various . alternatives which will help mitigate the impact of the layoff by working through the Tactical Employment Team program (TET) to: 9 . 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. 3. Refer interested persons to vacancies which occur in other job classes , for which they qualify and can use their layoff eligibility. 4. Establish workshops to aid laid off employees in areas such as resume AFSCME Local 2700 -45- 1999-2005 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF, & REASSIGNMENT preparation, alternate career counseling, job search strategy, and interviewing shills. g. When it appears to the Department Head and/or Labor Relations Manager that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit, the Labor Relations Manager shall notify the Union of the possibility of such layoffs and shall meet and confer with it regarding the implementation of the action. 11.2 S�eta, r.. on Through Layoff A. Grounds ' for Layaff. 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. D. Layoff @y Displacement. 1 AFSCME Local 2700 -46- 1999-2005 MOU SECTION I1 - SENIORITY, WORKFORCE REDUCTION, L4YOFFx & REASSIGNMENT 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 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 Mules 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 IAFSCME Local 2700 -47- 1999-2005 MOU SECTION II - SENIORITY, WORKFORCE REDUCTION, LAYOFF, & REASSIGNMENT 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 Human. Resources Director or designee retain their permanent full time employee seniority rights, for layoff purposes only and may in a later layoff displace a full time employee with less seniority as provided in these rules. E. Seniority. An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salary schedule in effect at the time of layoff. Employees reallocated or transferred without examination from one class to' another class having a salary within five percent (5%) of the former class, 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 AFSCME Local 2700 -48- 1999-2005 MOU SECTION I1 - SENIORITY, WORKFORCE REDUCTION, LAYOFF, REASSIGNMENT shall carry into the deep class the seniority accrued or carried forward in the farmer 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 period of separation. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous permanent county employment. If there remain ties in seniority rights, such ties shall be broken by counting total time in the deportment 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 AFSCME Local 2700 -49- 1999-2005 MOU i ^ ! i . . � • . 7n r47=If i ! i i i i • ! i i i M SECTION 1I - SENIORITY, WORKFORCE REDUCTION, LAYOFF, & REASSIGNMENT displacement, or transferred in lieu of layoff or displacement. When a request for personnel is received from the appointing authority of a department from which an eligible(s) was laid off, the. appointing authority shall receive and appoint the eligible highest on the layoff list from the department. When a request for personnel is received from a department from which an eligible(s) was not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period. A person employed from a layoff list shall be appointed at the same step of that salary range the employee held on the day of layoff. J. Removal of Names From Reemployment & Layoff Lists. The Human Resources Director may 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. Can receipt of a statement from the appointing authority or eligible that the AFSCME Local 2700 -51- 1999-2005 MOU i SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF, & REASSIGNMENT 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 Human Resources Director or the appointing authority within ten (10) days to written notice of certification mailed. to the person's last known .address. 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. However, if the first permanent appointment of a person on a layoff fist 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 & Layoff Certifications. The Human Resources Director .may remove the name of any eligible from a reemployment or layoff certification if the eligible AFSCME Local 2700 -52- 1999-2005 MOU ! • low • # # ` s • a • "` f • • • SECTION 12 - HOLIDAYS reassignment will be selected for the vacancy; except when a more senior laid off individual remains.on the layoff list and has not been appointed back to the class from which laid off, a referral from the layoff list will be made to fill the vacancy. 11 .6 Further Study. The County agrees to meet with the Labor Coalition for study of the concept of employee's waiver of displacement rights in a layoff. SECTION 12 - HOLIDAYS 12..1 Holidays Observed. The County will observe the following holidays: A. January 1 st, known as New Year's Day Third Monday in January known as Dr. Martin Luther 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 I 1 th, known as Veterans Day Fourth Thursday in November, known as Thanksgiving Day 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 A►FSCME Local 2700 -54- 1999-2005 Mou SECTION 12 - HOLIDAYS according to their seniority in their department as reasonably as possible. No employee may accrue more than forty (40) hours of personal holiday credit. on separation from County service, an employee shall be paid for any unused personal holiday credits at the employee's then current pay rate. 12.2 Ayelication . 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. 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. d. If any holiday listed in Section 12.1 .A falls on a Saturday, it shall be celebrated on the preceding Friday. if any holiday listed in Section 12.1 .A falls AFSCME Local 2700 -55- 1999-2005 MOU i . . a� � � ■ � • e e � � $ - - $ � , � f �� $ � # e �� � e e e � ' e � ' ■ e � - � � � - , \ . � � ' � - . . « ® � �e e e $ . ■ e � , e � . ef � � # � � ! e - � e � e � fe # + # ee e , ■ - e � e � � e e e � ® $ � � � e � e f a , e . _ e - � ■ � � f e � $ # � ® s $ � § f $ . ' e e , � _ � � $ $ � � ^ . ® e $ � - ■ : ® � e� e � fe , $ � . � �e � e � ■ _ � � # � e $ . . ■ ` e � �. ■ - e ■ e - $ � e e��- � � e � e � � e . ® e ■ � e ■ e a e � ■ - � � a e , � � � e . ■ �� $ , f e � � e # � ■ , e ® � $ f e e ■ » � e � e # � . - - e e � - ■ , # ■ ■ � _ ® © �� - . ■ , � ■ � � ® � � ■ . . . e - . e ` � � � - e e � e � - � . - � ■ e - f � ■ � � $ , � $ � ° . � . ■ � . , $ � $� � $ � , . � 2e � � \ ® e : . . .� , # � ® - � � ■ � � � e ■ � � e e � - � # e � $ e e � - $ - - e , ■ � e � � - � � $ , a � ® # � �# ` e . . � ■ , e - « . � � e $. - e � a _ . �:■ . ' - ■ $ - ■. e , 2 ■ ■ $ $. - � , �� ■ ■ ■ � a SECTION 12- HOLIDAYS as the number of hours per week in the part-time employee's schedule bears to the number of hours in the regular full time schedule, regardless of whether the holiday falls on the part-time employee's regular work day. 12.4 4/10 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 two (2) hours. 1 .5 9/80 Shift Holidays. A. HoldayShift Pay. For all employees, if a work dayfalls 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. AFSCME Loca12700 -57 1999-2005 MOU i SECTION 12 -i HOLIDAYS B. Absence on HalidaY. The maximum time charged to sick leave, vacation, or leave without pay on a .holiday shall be one (1 ) hours. 12.8 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 request in writing within seven (7) calendar days to be placed on the holiday credit accrual list. C. Holiday time shall be accrued at the rate specified above to a maximum of eight (8) hours worked by the employee. d. Accrued holiday credit may not be.accumulated in excess of two hundred eighty-eight (288) working hours exclusive of regular vacation accruals. After two hundred eighty-eight (288) hours, AFSCME Local 2700 -58- 1999-2005 MOU SEC71ON 93 - VACATION LEAVE holiday time shall be paid at the rates specified above. 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 LEAVE 13.1 , Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of workingtime 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 of this MOU. Vacation credits may be taken in 1/10 hour (f minute) increments but may not be taken during the first six (8) months of employment (not necessarily synonymous with probationary status) except where, sick leave has been exhausted. AFSCME Local 2700 -59- 9999-2005 MOU _ __ SECTION 13 - VACATION LEAVE 13.2 Vacation Leave on Reemployment from a Layoff List. Employees with six (6) months or more service in a permanent position prior to their layoff, who are employed from a layoff list, shall be considered as having completed six (6) months tenure in a permanent position for the purpose of vacation leave. The appointing authority or designee will advise the Auditor-Controller's Payroll Unit in each case where such vacation is authorized so that appropriate Payroll system override actions can be taken. 13.3 Vacation Accrual Rates. Monthly Maximum Accrual Cumulative Length of Service Hours Fours Under 15 years 10 240 15 through 19 years 13-113 320 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 _ _ Durina Leave without Pay. No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacation credit .during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 115 .. 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. AFSCME Local 2700 -60- 1999-2005 Mold • s . • ! � � � Illi s � _ � � ;ItgA UT 40 rt • . s !r . . M r _ SECTION 14 - SICK LEAVE Unused sick leave credits accumulate from year to year. When an employee is separated other than through retirement, accumulated sick leave credits shall be canceled, unless the separation results from layoff, in which case the accumulated credits shall be restored if reemployed in a permanent position within the period of lay off eligibility. As of the date of retirement, an employee's accumulated sick leave is converted to retirement 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 lPaid 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. Employee: Any person employed by Contra Costa County in an allocated position in the County service. AFSCME Local 2700 -62- 1999-2005 MOU - _ . . . ■ � . � . \. : . : � < . . .. . . . . .. . . . ... . e � � , � 2 ■ - � e - e 2 � e � � e . ■ . � e � : » � ■ � e e �_ « » , � $ e � � _ ■ . ■ � . � ef . f - . ® $ - e _ ^- � � ■ . ` ® e e ` � f � 2 � � : - ■ - � ^ fie e � f fe _ ■ � ' � � f � l � e � f » � � � � � �e � � � ® � $ e - - - #_ . e e � � $ e � e ^ ■ t � e � . � ■ � 2 « � � . § - . » .tee e _ e . � - ■ $ � - e e � .$ � $ � ■� . . e _ � # � � � ■ e �e _ $ � , f $ e - f e � � f � ee _ � � � f � $ � . � � f. . ^ � ■ � � ® � a � � � _ f � � e . � , $ f � 5■ . - � . f � ■ e � �f � . e < $ � ■ f � 2 - ■ � � � � ee � : $ � � ■ � - # � . - e � e @ $ .: � ■ - » • � ■ � ® f® . ■ - t $ e � f e e ■ ^ \ e e . e � e ■ . . » \ ' 3 � ee � - � ■ � � . � e e �� ■ e� � e . � � e � � � � � � - ^ems � � - : � f . ` � _ � of ® e e� � ® ° ° � - � ■ . fie � ■ � � ■ e . - f . . � » � � � , e � ` ¥ m � � # $ � � - , , ■ ^ � ® - � � � � � e � ■ . ■ - . $ � f $ . e � e .e ■ e � • < . , i . ■ f . ! "©§ ■ ■ 0 SECT/ON 14 - SICK LEAVE 1 . An application for retirement due to disability has been filed with, the Retirement Board. 2. Satisfactory medical evidence of such disability is received by the appointing authority within thirty (30) days of the start of use of sick leave for permanent disability. 3. The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been -met. C. Communicable Disease. An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a communicable disease. d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability under the conditions set forth below: AFSCME Local 2700 -64- 1999-2005 MIOU ! ! f ! ! f ! r f ! r • r ! ! ' ! ! ' ! f ! ! ! ' . ' r ! so ' • r ! ! ' '� ! r w i i ! ! r r SECTION 14 - SICK LEAVE continues and the projected dates of the employee's recovery from such disability. e. Medical and Dental Appointments. An employee may use paid sick leave credits: 1 . For working time used in keeping medical and dental appointments for the employee's own care; and 2. For working time used by an employee for pre-scheduled 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. AFSCME Local 2700 -66- 1999-2005 MOU SECTION 14 SICK LEAVE h. Legal Adoption of a Child. Paid sick leave credits may be used by an employee upon adoption of the child. i. Accumulated paid sick leave credits may not be used in the following situations: 1 . Vacation. Laid 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. Emilio eesponsibilities 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. AFSCME Local 2700 -67- 1999-2005 MMU SECTION 14 - SICK LEAVE 2. Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work. 3. Employees are responsible for obtaining advance approval from their supervisor for the scheduled time of pre-arranged personal or family medical and dental appointments. 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. Dej2artment 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 AFSCME Local 2700 -68- 1999-2005 MOU SECTION 14 - SICK LEAVE medical verification for absences of less than three (3) working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: 1 . calling the employee's residence telephone number or other contact telephone number provided by the employee if telephone notification was not made inaccordance with departmental suck leave call-in guidelines. These inquiries shall be subject to any restrictions imposed by the employee under Section 14A.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 1egitimacy 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. b. In absences of an extended nature, requiring the employee to obtain from their physician a AMME Local 2700 -69- 1999-2005 MOU SECTION 14 - SICK LEAVE statement of progress and anticipated date 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 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 after giving notice may place an employee on leave if the appointing authority has filed an application for disability retirement for the employee, or whom the appointing authority believes to be temporarily or permanently AFSCME Local 2700 -70- 1999-2005 MOU SECTION 14 - SICK LEAVE physically or mentally incapacitated from the performance of the employee's duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employees, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense and on the employee's paid time, a physical, medical 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 for physical or mental health problems, including leave, are in the best interests of the employee or the County in relation to the employee overcoming any disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due to temporary or permanent disability shall be without prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee is entitled other than regular salary. The Human Resources Director may . order lost pay restored for good cause and subject to the employee's duty to mitigate damages. AFSCME Local 2700 -71- 1999-2005 MOU SECTION 14 - SICK LEAVE D. Before an employee returns to work from any absence for illness or injury, other leave of absence or. disability leave, exceeding two (2) weeks in duration, the appointing authority may .order the employee to undergo at County expense a physical, medical, and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. If the report shows that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority.. may take such action as he deems necessary in accordance with appropriate provisions of this MOU. B. 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; AFSCME Local 2700 -72- 1999-2005 MOU SECTION 14 - SICK LEAVE 3. a statement of the basis upon which the action is being taken 4. a statement that the employee may review the materials upon which the action is taken; ,5. a statement that the employee has until a specified date (not less than seven (7) work days from personal delivery or mailing of the notice) to respond to the appointing authority orally or in writing. F. Pending response to the notice the appointing authority for cause specified in writing may place the employee on a temporary leave of absence, s. 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. IAi=SCME Local 2700 -73- 1999-2005 MOM i SECTION 14 --SICK LEAVE 1. 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 Human Resources Director to the Merit Board. Alternatively, -the employee may file a written election with the Human Resources Director 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 Human Resources Director 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 AFSCME Local 2700 -74- 1999-2005 MOU SECTION 14 - SICK LEAVE confidential information and shall not be a part of the public record. L. If the appeal is to a Disability Review Arbitrator, the employee (and his representative) will meet with the County's representative to mutually select the Disability Review Arbitrator, who may be a de , facto arbitrator, or a physician, or a rehabilitation specialist, or some other recognized specialist mutually selected by the parties. The arbitrator shall hear and review the evidence. The decision of the Disability Review Arbitrator shall be binding on both the County and the employee. Scope of the Arbitrator's Review. 1 . The arbitrator may affirm, modify or revoke the leave of absence or suspension.. 2. The arbitrator may make his decision based only on evidence submitted by the County and the employee. . 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. AFSCME Local 2700 -75- 1999-2005.MOU SECTION 14 - SICK LEAVE 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. 14.61 Accrual DurInp Leave —Without Pa y■ 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 Inte gyration of State Disability Benefits with theCounty Sick Leave Program. Employees eligible for State Disability benefits and sick leave benefits for any portion of disability shall be required to make application for both benefits. The State Disability benefits shall be returned to the County to be credited to the employee's sick leave balance on the following basis; .a. Integration with State Disability 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 AFSCME Local 2700 -76- 1999-2005 MOU SECTION 14- SICK DAVE 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. 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 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 purchase sick leave to insure that State Disability Insurance benefits are not taxable. AFSCME Local 2700 -77- 1999-2005 MOU SECTION 14 - SICK LEAVE 14.8 Disability Insurance Review Committee. The County shall establish a Disability Insurance Review Committee consisting of one (1 ) representative from each employee organization and four (4) management representatives to review and recommend to the Human Resources Director 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 Health Questionnaire and take a Tuberculosis Skin Test. A chesty-ray will be required if the employee. has previously had a positive reaction to a tuberculosis,skin test. However employees will not be required to take x-ray exams in excess of what is required by applicable. Federal and State laws. Employees will also be requested to be screened for Rubella immunity. If the result of the Rubella test is negative, the appointing authority or designee will recommend that the employee become immunized. If the employee has direct patient contact and refuses to become immunized, said employee will be relocated to an indirect patient contact area. 14.10 Confidentialltv 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) AFSCME Local 2700 -78- 9 1999-2005 MOU ........ :::.. i � M i • i . i it i # ! . • ' # ' ! ' ! i # • i I LOS lw � r ! � i # ' '. ! r MIR ♦ ` ! r Iwo ! Wo - • M r # • r • ! i F . SECTION 15 - CATASTROPHIC LEAVE BANK 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. :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 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. AFSCME Local 2700 -80- 1999-2005 MOU SECTION 15 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 173.33 basis, except that employees on other than a forty (40) hour week will .have hours prorated according to their status. Any recipient will be limited to a total of 1040 hours or its equivalent per catastrophic event; each donor will be limited to 120 hours per calendar year. No elementof this plan is grievable. All appeals from either a donor or recipient will be resolved on a final basis by the Human Resources Director. Noemployee will have any entitlement to catastrophic ie v, 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 pei�sons 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 AFSCME Local 2700 -81- 1999-2005 MOU SECTION 16 - STATE DISABILITY INSURANCE(SDl) 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. SECTION 16 - STATE DISABILITY INSURANCE (SDI) 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'Californla SDI program provides disability benefits beginning on the eighth (8) calendar day of a qualifying disability. The maximum period of state disability payments is up to one 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, AFSCME Local 2700 -82- 1999-2005 MOU _.... SECTION 16 - STATE DISABUTY INSURANCE fSDr the department will make appropriate integration adjustments, including retroactive adjustments if necessary. Employees must inform their department of 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 onlyvto the extent that total payments do not exceed the employee's base monthly salary. '1 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 weave 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 2700 -83- 1999-2005 MOU i SECTION 16 - STATE DISABILITY INSURANCE(SDI) 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 eave 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 2700 -84- 1999-2005 MOU SECTION 16 - STATE DISABILITY INSURANCE�51�►� 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 formulafor full time employees' sick leave integration charges is shown below: L = [(S-D) ) S] x 8 S _ Employee Base Monthly Salary H Estimated Highest Quarter (3-mos) Earnings.[H -.5 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. 1 f. Definition. "Base Monthly Salary" for purposes of sick leave integration is defined as the salary amount for the employee's step on the salary schedule for the employee's permanent classification as shown in the 'Salary" field on the Cin-Line Payroll Time, 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 , 19949 .conversion to the new SDI program operated by AFSCME Local 2700 -85- 1999-2005 MOU i SECTION 17*- WORKERS'COMPENSATION departmental payroll staff will be coordinated by the Personnel Department, Benefits Division. All employee SDI benefit checks received in the Personnel Department and signed over to the County by June 30, 1994, will be deposited . and used , to buy back the employee's sick leave, with sick leave credits appearing on the July.10th pay warrants insofar as possible. All Employee SDI benefit checks received, but not signed :over to the County, by June 30, 1994, will be returned to the employee. All employee SDI benefit checks received after June 30, 1994, will be returned to the employee. In both these situations, no sick leave buy back will be made, regardless of the calendar period to which the benefit checks pertain. Program transfer to departmental payroll staff will be effective July 1 , 1994 for the month of July with the first computation of SDI benefits and integration with sick leave under the new program made on the August 10, 1994 pay warrants covering the July 1994 payroll period. SECTION 17 - WORKERS" COMPENSATION A permanent non-safety employee shall continue to receive eighty-seven percent (87%) 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 1 , 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 AFSCME Local 2700 -86- 1999-2005 Moi! SECTION 17- WORKER'S'COMPENSA TION County 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 dose 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 Pad. Permanent employees shall continue to receive 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 any AFSCME Local 2700 -87- 1999-2005 Allot! SECTION 17"- WORKERS`COMPENSATION 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. Employees shall be entitled to a maximum of one (1 ) year of continuing pay benefits for any one 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, Disk Management Division. Whenever an employee who has been injured on the job and.has returned to work is required by an attending physician to leave work for treatment AFSCME Local 2700 -88- 1999-2005 MOU SECTION 17 WORKERSCOMPENSATION 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. FullPay Beyond one Year. If an injured employee remains eligible for temporary disability beyond one year, the employee's 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 his/her applicable salary by integrating sick leave and/or vacation accruals with workers' Compensation Rehabilitation Temporary Disability benefits until those accruals are exhausted. Thereafter, the Rehabilitation Temporary Disability benefits will be paid directly to the employee. AFSCME Local 2700 -89- 1999-2005 MOU SECTION 18 - DAVE OF ABSENCE 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 Human Resources Director and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. AFSCME Local 2700 -90- 1999-2005 MOU SECTION 18 - LEAVE OF ABSENCE A. Leave without pay may be granted for any of the following reasons: 1 . Illness or disability; 2. pregnancy; 3. parental; 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. 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 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. IAFSCME Local 2700 -91- 1999.2005 MOU SECTION 18 - LEAVE OF ABSENCE 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 any 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. 18.3 Furlough Days Without P'ay. 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. Langer pre- authorized absences without pay are considered leaves of AFSCME local 2700 -92- 1999-2005 MOU SECTION18 - LEAS OFABSE'NCE absence without pay. Employees who take furlough time -i 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 1 2.1 , 13.11 13.3, and 14.2 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 paywith prior authorization of the appointing authority} shall be reported separately from 'ether absences without pay oto the Auditor-Controller. The existing 'VTO program .shal[be continued for the life of the contract. 18.4 M1I111tary 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 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 order of the President or Congress of the United States and/or the State Governor in time of emergency, shall be granted a leave of absence 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 AFSCME Local 2700 -93- 1999 2005 MOU SECTION 18 - LEAVE OFABSENCE 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 Human Resources Director may deem,necessary. 18.5 Famlly Care Leave or Medical Leave. Upon request to the appointing authority, in each calendar year any employee who has permanent status shall be entitled to at least eighteen (18) weeks 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 AFSCME Local 2700 -94- 1999-2005 MOU « : ■ : . • . ■ - . _ . . . e . ' . e - , $ e e ■ e e � , � $ � e e . 2 � # e - - e . - ` f � ■ - 2� e : . f ° � , - f . . . # ■ - - , of _ - ■ e e ■ ■ � . ® �� e e f f � e ■ _ � - f _ - e ' e � - , - � e e . e , $ - ■ e ! . , , � � fe _ - , ■ ' # 0 ' e ■ 2 ' 0 � � e e we | r i I . � . f 2 ^ � e - a e � e - e ■ . - � . $ or � e . _ � ■ _ e $ $ � . - $ . < $ � , . , 2 ■ - - � ` - - $ f . . � e , e ■ ■ e _ % te e ' e _ e , _ , . . , _ . ■ ' � _ . . ■ . . - e . , : . e � - e - � e ' ae , e - , ■ ® e � : ■ � e ® - ■ ■ - ® - l - - ' # ■ - ■ , ■ 40 - - - - - � - _ e � e ' e , r , ■ _ e - . ; ; ' ! , _ ■Elm OR ■ _ e � - e , ■ , e - _ - $ e ` . . ee � e e � e ° - , . � ` ■ f e . � ® , - * - ` $ � - e e - e � $ e e e ■ ■ - , ' e , ■ m ■ . ■ , , ■ ■ - e _ - ■ ee - ee ' f ` ee - - ■ ' e �® � ` - . ■ e - _ :_ ' e ,. ' , ■ - ee ■ e - ® . . ® ' » ® - - ' - - - � - - e - ■ .e tee . � - � ■ e ■ ® » . ■ . - - f . e ■ f � e - $ ■ � e $ ` \ e , ; ■ � ■ ■ . $ ................................................ SECTION 38 - LEAVE OF ABSENCE 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. 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. e. Serious Health Condition: An illness, injury, impairment, .or physical or mental condition which warrents 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. AFSCME Local 2700 -96- 1999-2005 MOU SECTION 18 - LEAVE OFABSENCE f. Certification for Family Care Leave: A written communication to the employer from a health care provider of a person for whose care the heave 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; 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 Family 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 .AFSCME Local 2700 -97- 1999-2005 MOU __ ............ SECTION 18 - LEAVE OF ABSENCE the serious health condition involved, but shall contain: 1 . the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employee's job; 4. if for intermittent leave or a reduced work schedule leave, . the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule and its expected duration. h. Comparable Positions. A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave. ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co-workers, supervisor(s), or other staffing may have changed during an employee's leave. 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. Al SOME Local 2700 -88- 1999-2005 MOU SECTION 18 - LEAVE 4 OJT'ABSENCE 18.11 Group Health Plan Coverage. Employees who were members of one of the group health plansprior 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 14.3.13 — Sick Leave Utilization for Pregnancy D sa_ bility. 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. 18012 Leave Without Paas -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, AFSCME Local 2700 -99- 1999-2005.MOU __ _ ....... _...... SECTION I8 - LEAVE OF ABSENCE except when required by LT© Benefit Coordination or SDI/Sick Leave Integration 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... 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) weeks 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 AFSCME Local 2700 -100- 1999-2005 MOU SECTION 18 - LEAVE OF ABSENCE Section 14.3 .. Policies Governing the Use of Paid Sick Leave. 1 3 Leave o1 f Absence Reolacement 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 & ReassL nq ment shall apply. 13'.'14 Reinstatement From Family Care Medical Leave,. In the case of a family care or medical leave, an employee on a 5140 schedule shall be reinstated to the same or comparable position if the return to work is after no more than ninety (90) work days of leave from the initial date of a continuous leave, including use of accruals, or "Within the equivalent on an alternate work schedule. A full time employee taking an intermittent or reduced work schedule leave shall be reinstated to the - same or comparable position if the return to work on a full schedule is- after no more than 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 o guarantee reinstatement to the same or comparable position. An employee on a schedule other than 5/40 shall .AFSCME Local 2700 -101- 1999-2005 MOU _......... ___ ___ ............. ............ .............................. -- SECTION 19 - JURY DUTY AND WITNESS DUTY have the time frame for reinstatement to the same or comparable position adjusted on a pro rata basis. 18.15 ,Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year, shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments - that may accrue to them during the period of military leave. 18.16 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been . .d.isapproved, 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. 18.17 Non-Exclusivity. Other MOU language on this subject, not in conflict with this MOU, 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. AFSCME Local 2700 -102- 1999-2005 MOU SECTION 19 -JURY DUTY AND W?TNESS DUTY When called for jury duty; County employees, like other citizens, are expected io discharge their jury duty responsibilities. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. If summoned for jury duty in a Municipal, Superior, or Federal Court, or a Coroner's jury, employees may remain in their regular County pay status, or they may take paid . .Dave (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 AFSCME Local 2700 -103- 1999-2005 Mol! SECTION 19 - JURY DUTY AND WITNESS DUTY 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 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 9/80-4/10 work schedules will not .receive overtime or comp, 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 AFSCME Local 2700 -104- 1999-2005 MOU SECTION 20 - HEALTH, LIFE& DENTAL CARE mileage allowance, or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth in Section 19 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 & DENTAL CAFE, 20:1 Com,#y Prcrr . 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 0; 1999 agreement (Attachment E) between the County and the Labor Coalition. AFSCNIE Local 2700 -105- 1999-20©511 OU .................................................... _ ............. SECTION 20 - HEALTH, LIFE & DENTAL CARE Y 20.2 Rate Informatio . 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. 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 enrollee; for Employee and Dependent(s) with one member on Medicare by taking the -Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with two members on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for two enrollees. 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 AFSCME Local 2700 -106- 1999.2005 MOU SECTION 20 - HEALTH, LIFE& DENTAL CARE covered by the health plan for the month in which compensation is paid. 20M5 Coverage Durtno Absences. An employee on .approved leave shall be allowed to continue his/her health plan coverage at the County group rate for twelve (12) 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, pl.uis any administrative fees, for the option selected. The . entire"cost of coverage shall be paid at a place. and time specified by the County. Late payment may result in cancellation of health plan coverage with no reinstatement allowed. An employee who terminates County employment may convert to individual health plan coverage, if available, or may continue County group health plan coverage to the extent provided under COBRA by making premium payments to the County at a time and place specified by the County. 20.5 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 AFSCIVIE Local 2700 -107- 1999-2005 MOU SECTION 20 - HEALTH, LIFE & DENTAL CARE 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. 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 Child Care. The County will continue to support the concept of non:-profit child care facilities similar to the "Kid's at work" program established in the Public works Department. 20.9 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 savings 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 AFSCME Local 2700 _108- 1999-2005 MOU SECTION 20 - HEALTH, LIFE& DENTAL CARE exceed $2400 per year, for health care expenses not -reimbursed by any other health benefits plan with before tax dollars. Effective January 1 , 2000, this amount shall be increased to $ 000 per year. HCSA dollars can be expended on any eligible medical - expenses allowed by Internal Revenue Code Section 125. Any unused balance cannot be recovered by the employee. 2 .1 C1 'ERS Lana Term Care. The County proposes to deduct and remit monthly premium and eligible Lists to the PERS Long Term Care Administrator, at no County administrative cost, for County employees who are eligible and voluntarily elect to purchase long term care through the-PERS Long Term Care Program. The County further agrees that County employees iner+ested in purchasing PERS Long Term Care may participate in meetings scheduled by PERS Long Term Care in County facilities during non-work hours. (i.e.. coffee breaks, lunch hour). 2 1 Deferred Retirement. Effective two 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: AFSCME Local 2700 -109- 1999-2005 Mot! SECTION 20 - HEALTH, LIFE & DENTAL CARE 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). months of their application for deferred retirement. 4. file an election to defer retirement and tO continue health benefits hereunder with the County Benefits Division within thirty (39) days before their separation from county service. C. Deferred retirees who elect continued health benefits hereunder may maintain continuous membership in their County health and/or. dental plan group during the period of deferred retirement at their full personal expense, by paying the full premium for their health and dental coverage on or before the 1.1 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. AFSCME Local 2700 _110- 1999-2005 MOU # . f SECTION 21 - PROBATIONARY PERIOD shall be from nine (9) months to two (2) years duration. For promotional appointments, the probation period shall be ...from six (6) ,months to two (2) years duration. 21'.2 Revised Probationary Period. When the probationary period for a . class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 21.3 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 (1 73) hours per month. 21.4 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. AFSCME Local 2700 -112- 1999-2005 MOU # f i • •r - f i # - f • " .. i • • ii . • � f i # ., � ,. • # # # f • # i ' • # i i i • w ! 1 4 • • � � i SECTION 21 - PROBATIONARY PERIOD period unless the Merit Board specifically reinstates the former period. 21.5 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 Human Resources Director receive from the appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee is recommended for permanent appointment. A probationary employee may be rejected at any time during the probation period without regard to the Skelly provisions of this MOU, without notice and without right of appeal or hearing except as provided in Section 21 .4.A. If the appointing -authority has not :returned the probation report, a probationary employee may be rejected from the service within a reasonable time .-after the probation period for failure to pass probation. The appointing authority shall attempt to give a probationary employee five (5) days notice of said rejection. If the appointing authority fails to submit in a timely manner the proper written documents certifying that a probationary employee has served in a satisfactory manner and later acknowledges it was his or her intention to do so, the regular ,appointment shall begin on the day following the end of the probationary period. Notwithstanding any other provisions of the 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 A\ VCM E Local 2700 1 V V V-200 M O V SECTION 21 - PROBATIONARY PERIOD restored to a position in the department from which the employee was promoted or transferred. An -employee dismissed for other than disciplinary reasons within six (6) months after being promoted or transferred from a position in the Merit System to a position not included in the Merit System shall be restored to a position in the classification in the department from which the employee was promoted or transferred. A probationary employee who has been rejected or has resigned during probation shall not be restored to the eligible list from which the employee was certified unless the ;employee receives the affirmative recommendation from the appointing authority and is certified by the Human Resources Director whose decision is final. The Human Resources Director 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 aS Doff Durina Probation. An employee who is iald 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 AFSCME Local 2700 -115- 1999-2005 MOU SECTION 22 - PROMOTION department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 21.7 Reiection Dur% Probation of Lav®ff Employee. An employee who has achieved permanent status in the class before .layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to -the . .layoff list, unless discharged for cause, if the person is within the period of layoff eligibility. The employee shall begin a new probation period 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 Exam. Promotion shall be by competitive examination unless otherwise provided in this . 22.2 Promotion Policy. The Duman Resources Director, upon request of an appointing authority, shall determine whether an examination is to be called on e promotional basis. 22.3 Open Exams. If an examination for one of the .classes represented by the Union is proposed to be AFSCME Local 2700 -116- 1999-2005 MOU SECTION 22 - PROMOTION e announced on an open only basis, the Human Resources Director shall give five (5) days prior notice of such proposed announcement and shall meet at the request of the Union to discuss the reasons for such open announcement. 22.4 Promotion Via Reclassification without Exam. Notwithstanding other previsions 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. f. Except in unique situations approved by the Human Resources Director, the employee must A SCME Local 2700 -117- 1999-2005 MOU SECTION 22 - PROMOTION have passed the examination, if any, for the classification and be on the eligible list. The , appropriate rules regarding probationary status and salary on promotion are applicable. 22.5 Reguirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the Merit System and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. If an employee who is qualified on a promotional employment list is separated from the .Merit System, except by layoff, :,the -employee's .name shall be removed from the -promotional list. 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. AFSCME Local 2700 -118- 1999-2005 MOU SECTION 23 - TRANSFER 2 .T Denial of Review. if a department denies an employee's request for reclassification or reassignment to a higher (not flexibly staffed) level in a deep class or to other classes represented by the Union, upon request of the Union, the denial will be reviewed by the Human Resources Director and appointing authority. The decision of the Human Resources Director shall be given to the Union in writing within sixty (60) days of the request of the review. 2 .8 Release Time for Examinations. Permanent employees shall be granted release time from work without 'loss of pay to take County examinations or take interviews for,, e County position provided the employee gives the . Department sufficient notice of the need for time off. SEC TION 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 Human Resources Director 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; AFS+CME Local 2700 -119 1999r2005 MOU SECTION 23 - TRANSFER 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 Human Resources Director shall have approved .the change. Notwithstanding the foregoing, transfer may also be accomplished through :the regular appointment procedure provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. When an employees name is added to the Transfer List, the County will provide that employee with a copy of the Transfer List on which his/her name appears. 23.2 Transfer Policy. Any employee or appointing authority who desires to initiate a transfer may inform the Human Resources Director in writing of such desire stating the reasons therefore. The Human Resources Director 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. AFSCME Local 2700 -120- 1999-2005 MOU � � ■ - �» , . - . . � � � � � � f $ ■ � . e� _ e ■ e� � ■ . - � ■ � e ■ $ � . . $ $ e , e ■ ■ $ _ � � $ : ■ - � � e e ' $ a , . � e � � ■ . e� � � . � ■ � � e e . ef . . e � � ■ e � a , � � � _ $ _ e $ _ � � � : $ � $ � . e ■ _ . f � ■ a � , � � � f « \ � � . $ f � e e f f <- ■ . . � _ e $ . � . . . � . � @ \ @ � � \ � . � , � � $ - � � � � � ■ e ■ f . ■ e m < $ � � # $ � e - e » e ■ 2 � ® � ■ e � $ ^ ■ � . . ■ �- f ■ e . . . . � e . e ` e , . � - ^ . _ � ■ � - e f ■ - � 2 $ - e e - ems . . . � . � � _ f � e � - ■ ' e e � - _ # � e � ■ e - e $ ff « .- f f � . � � � f « - � ■ e � ■ � e - ■ � � � _ � � _ ef � e ■ � � � � ■ � _ » �f e � e f ■ - e � � f e _ ; e \ - � , < f _ . � � . . . $ . . $ . j � � ° � . : . $ � � a ■ ® ■ ^ ■ . 2 ■ » . . ® � ■ ■ e « � # e e � _ � - � � � $ � e # - . ■ �- � � e � � � � # � ° � ■ . � � e e . �f . � � � � �� : � e , _ - $ ■ - e � - ' - � � - # ` - � e , e e e ■ , � e � � � e . _ �_ � � . � $ � � � , � � ® ■ - � � - ` � - e � _ � � _ � , a � ■ � � # e � � � - . - � , � ■ & � e \ � � � . � ■ � ? f $ ® . - � ' f ^ , � . , $ � _ © ® � ■ # ■ - < e e ■ e . e e ® » . , We f - - - � � ■ e� ee � �� �. � � _ # � ■ , � - � � ' _ e ■ e ■ , � � � 2 e f � ° e � ® � _ - - ■ � - $ ^ � e , ' ® � _ � �e � : . . �> � � 2 ■ � � e e � � � � � ® � - � � , < _ ■ � » ■ ■ � e SECTION 23 - TRANSFER indicated an interest in such a transfer. The appointing authority may contact the employees interested 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 23.2, employees will be eligible for transfer upon receipt of approval of the Human Resources Director. 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 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. 23.5 Departmental Transfer Agreements. The agreements between the Union and the Probation AFSCME Local 2700 -122- 1999-2005 MOU # 00 • "' • # M # # # # # # # # ` # # # # # # # - # # # # - ` • ! # # - # # i - # - # # # # # # # " # # # 2 # # # # # i # # " # # # # • 0 i 0 ` SECTION 24— DESIGNATIONS classification in the department from' which the employee was transferred. 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 Resignati,on. 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 employee after the mailing of a notice of resignation by the AFSCME Local 2700 -124- 1999-20105 MOU \ � ■ . . - .- � < . � , ■ < . .. . . . ... . ... . . .... . . .. .... . . .. .. . . . .. ... . .... , e ■ e � � � � � \ e � e � f - ■ e � � _ . \ � - f ■ ef , # - ■ ® � ' . . � 2 � � � . , $ e � e « ' � .$ � - � e ■ e � ^ � ■ + � ■ \ . ■ ef � � - � - e � � � � e � - ■ , e \ f � � , � - . ems \ 2 ■ � . . � � , � , � � � # ° - § e � ,� ■ � , . . ' � - . : - . © ■ � � # - e ° $ f a � ~ - . - $ . - e $ ® . � @ � f � e ■ e e � . . e $ . , . , \ , : 22 � � a � - $ e � � � « $ ■ f _ elw - e ■ e � � e � .■ e « � ` , $ ■ ■ $ _ . 2 # e 2 ® ® � . . . ` e @ - ■ . e40 - $ � f � - e � � � � - - ° ■ _ e � «, w e 2 m■ a � _ e � � a � � e , ■ � - - � e ■ - � � � - , e ■ ■ - � � � f ■ f # � ^ ■ � ® � e � � , ■ e ■ � # � ■ � � � � � ■ e e e � � 2 � � � � � e � ■ \ ■ , ® e $ ■ � .® ¥ $ � � : . . e � � - � ■ e ■ � � e . . a . , . e t■ ef . � � f � � .� # � � e � e e » � ■ � � : ' - � ■ e ■ � $ f � ■ � � . e � \ ■ \ ■ $ . � . � ■ ! ■ ■ �� ® � SECTION 24 — RESIGNATIONS be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Human Resources Director 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 — Grievance Procedure 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 Ei uffillity 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 Human Resources Director 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 theoccupational 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 Human Resources Director shall grant reemployment privileges to AFSCME Local 2700 -126- 1999-2005 MOU SECTION 25 -DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION the person. Consideration of names from a reemployment list is mandatory if the appointing authority recommended reemployment of the individual(s) listed but is optional for other appointing authorities. Names may be removed from reemployment lists in accordance with the provisions of Section 11 .2'(J) — Separation Through Lgyoff of this MOU. SECTION 25 -DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION 25.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend, temporarily reduce pay, or demote, any employee for cause. A temporary reduction in pay is not to .exceed more than five. parcent (5%) for a period of up to 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, Ind. disorderly or immoral conduct, AFSCME Local 2700 -127- 1999-2005 MOU SECTION 25 -DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION e. incompetence or inefficiency, f. insubordination, g. being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises, h. neglect of duty, i.e. non-performance of assigned responsibilities, i. negligent or willful damage to public property or waste of public supplies or equipment, j. violation of any lawful or reasonable regulation or order given by a supervisor or, Department Head, k. willful violation of any of the provisions of the Merit System ordinance or Personnel Management Regulations, 1. material and intentional misrepresentation or concealment of any fact in connection with obtaining employment, M. misappropriation of County funds or property, n. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this MOU, AFSCME Local 2700 -128- 1999-2005 MOU SECTION 25 -DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION o. dishonesty or theft, P. excessive or unexcused absenteeism and/or tardiness. q, sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's ,work performance, or creating an intimidating and hostile working environment. 25.2, Skelly Reguirements. 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 440 work-week), temporarily 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. AFSCME Local 2700 -129- 1999-2005 MOU ® � a ■ � - ■ - . - , . ■ .� . . . , , . . � � $ . .. f e � e ■ - . * , f ■ , . ■ � e $ � ■ � � $ _ � , � . $ ® ee � e � e e - . e 'e . - # . � - � � e e - , � - . . ¥ . � - . _ � _ . - � � , . $ - e ee - e ■ � ■ eee � f ■ , < e � � , ® ■ � ■ # - ® � ® � � e � � ■ ■ � e # , $ « e � � e ■ - e � e e . ® � ^ ® ® � e - e e e e - e ® e � e � - $ & � $ � $ � . � $ . - � ■ � e , . e � e e � ■ �e , e e e � e ® ® � � ® e e `� $ �- e eea � - e e ■ � ■ e � - a e ■ e - # e ■ e e e _ e e $ � e � e . $ ® - e ® ee � � ■ ■ � e - � $ $ � � $ , � e m ■ � e � $ � ■ � e � e , g§ _ . a � � $ $ - � « � � $ » # - . � � ® . . ® ' � # � ' e e ' . ■ e - e _ . e T $ ® e e # � � e � � � e � � - . . ■ � � a � ■ ^ - � . e fes . � e e e � e � e � ■ � e - t o e ■ - e e � e � ■ ■ , � # _ $ - $ , . , ■ ■ ■ � !■ � e A l to .,,, i 4 .. - � iii . i r '" . +� ! • # � 4 ! � i ` i ! i ' • i • • ` i ! � " i ! ` it ! ' "` • ` i ! i ' ! i i ' ii SECTION 26 - GRIEVANCE PROCEDURE provided that such appeal is filed in writing with the Human Resources Director within ten (10) calendar days after.. service. of said order. An employee may not both appeal to the Merit Board and file a grievance under Section 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) calendar days of the incident or occurrence about which the claims to' have AFSCME Local 2700 -132- 1999-2005 MOU w ! r # SECTION 26 - GRIEVANCE PROCEDURE „atop -4. No grievance may be processed under this Section which has not first been fled and investigated in accordance with Step 3 above and filed within ten (10) work days of the written response of the Human Resources Director or his/her 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 MOO, such grievance shall be submitted in writing to an Adjustment Board comprised of three (3) Anion 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 Beard 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. If the County fails to meet the time limits specified in Step 4 and the grievant demands in writing that an Adjustment Beard 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, when alleging a violation of Section 26.6 below) may require that AFSCME Local 2700 -134- 1999-2005 MOU � ■ . � � � ' . . 2 . ` - � ^ \ # . � . � _ � � . , . $ , �� f � _ $ $ : � e , _ � ■ . �� $ ■ ° » ■ � e ' . e � 2e e . � . _ f � � - _ - $ . _ . � _ f ■ - e r . . . . \ $ � e e , e _ , � s � � e e - � ■ » - � � $ , �e e - � � « � . f � . $ � � . � ■ ^ - � e � \ ■ . , ■ , e � � ' ■ , � - � - , � - f 2 � � _ �■ � � � e � � � � � e ® , e f e $ ■ �e _ . � e � \ f e _ � e< . � � � � . .®. . _ . .. . ■ . -. e e ■. �- � - , � . . e ■ �� � , � � � - � ■ e ` f � � � e � � f■ - e � _ ■ � � e � 2 , , ■ � 2 \ ■ ^ . � , � � e - # : ' � . � - ® � - � �^ � . . ■ � ■ ' � - � � . e $ . � e ■ ' ■ � � _ ■ � � e ■ # . f , e ■ = »� z � ■ � � ■ - . e � \ ■ � e \ � � ® � � e � ■ � _ � ■ � ■ � $ e ~ _ � r ■ e e ± � e f ■ f ' � � � , ■ - � , � $ $ ■ . a : . . . ¥ ■ - � %» . . � � � f � � � � � � � ^ � ■ ® - 49 . - , ■ � ■ f ■ _ f e ® ■ ¥ ■ ■ 4w ee � ■ � » � ' « - . � - � $ e � ■ � ^ 4102f - e e . e f � § . � � � ■ f ■ ■ _ ■ � � f _ � ` _ . ® �■ � . $ � - � ■ ■ � ■ a . f . � . : � . ■ ■ � „ ! � � ! » ■ SECTION 26 - GRIEVANCE PROCEDURE C. Proposals to add to or change this MCU or to change written agreements supplementary,hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such .proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. If the Human resources Director in pursuance of the procedures outlined in Subsection 26.1 , Step 3 above, or the Adjustment Board in pursuance of the provisions of Subsection 26.1 , 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 Boards or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Union. 26.3 Time Limns. 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 AFSCME Local 2700 -136- 1999-2005111 OU i � M • /� +� '� i i r • ' ! ' i " • si r i ' ! ► ' ! • r ! ' r It it i ! • i "" i r i ' i40 ' • r i ! ! w i ! r ! i i i ! owl ! ' r ! or a t1 • • 11 ! SECTION 26 - GRIEVANCE PROCEDURE having jurisdiction, an employee who is in danger of physical harm shall not be required to cross the picket line, provided the employee advises his or her supervisor as soon as possible, and provided further that an employee may be required to cross a picket line where the Performance of his or her duties is of an emergency nature and/or failure to perform such duties might cause or aggravate a danger to public health or safety. 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 by Union. The Union may file a grievance at Step -3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this MOU. 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 2700 -138- 1999-2005 MOU SECTION 27- BILINGUAL PAY 26.10 Disqualification From Taking Examination. 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 Human Resources Director. Said differential shall be prorated for employees working less than full time. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. The Union shall be notified when such designations are made. 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 , i 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 percent (50%) of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOU, and shall terminate thereafter. AFSCME Lodi 2700 -139- 1999-2005 MOU I SECTION 28 - RETIREMENT Employees shell be responsible for payment of the -employees' contribution for the retirement cost of luring program as determined by the Board of Retirement of the Contra Costa County Employees' Retirement Association without the County paying any part of the employee's share. The County will pay the remaining one-half {112} of the retirement cost-of-living program contribution. 28.2 Tier Subject to the enactment of enabling legislation amending the 1937 Employees' Retirement Act to allow such election, the County will permit certain Tier 11 ,:employees to .elect a Tier III Retirement flan under the following conditions: a. The County and the tabor 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 Ill, 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 2700 -140- 1999-2005 MOU . § ■ � - < , . . , e $ .e f6 f ■ - f - ■ ■ � + , ■ e e � e e f $ - f e e . f f e ■ _ lw e - - f ■ ■ � . w, e e . e � . ■ � ■ f e f _ $ - � $ e _ � ■ , e ■ ® e ■ - e e ■ - e ■ , - . ® - � ® - - ® � # . ■ � : e ■ ■ ® � - � $ - - f # - - � e e � - wee ■ , $ - ■ � � ^ $ ° - e ■ ' - 2 � \ f e ` e ° f , . , _ - , � � $ ■ � ■ f e # $ , * _ e � - � e � e � . $ ■ - - ® . . - � e _ . . . ¥ 2 � ■ . ■ . e - . . lw � e ■ f: # e � . . e , � e e , e ` e ■ - - � _ . . � _ . \ - - 2 - tee ■ . 2 $ . ■ ■ � � $ . fe ■ � - ■ f e � - � � f ■ - e � � ■ e . ■ - - , � e � - , . ' » e ' tee . ee \e $ f f `m f @ae � ® ® � ■ . f e � \ :■ - e - ^ ® - # � - ® ■ . - e - \- _ e . . . : . - . � - ■ . � - . ■ - $ - e. $ ■ , ■ ■ . ` - `, . $ e ■ � e � . ' _ � $ � ' ■ ft � , a - � _ � ■ � - - � � � � � � � . - \ ' e ■ 2 wee : ■ � ■ . � e * f e . � ■ � § # $ e � e � : � ■ ■ ■ e SECTION 28 - RETIREMENT 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 Ill 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 111 Retirement Plan are less .than $3 million per year, the difference shall be divided by twelve and each twelfth shall be augmented by an amount equal to the County's common pooled fund interest which would have accrued if one twelfth had been invested in the first month of the .past year, two twelfths in the second month of the past year and so forth; and .d. any savings to the County resulting from the creation and operation of Tier Ill shall be used to offset future County retirement cost increases attributable to the creation and operation of Tier Ill; and AFSCME Local 2700 -142- 1999-2005 MOU SUCTION 28 - RETIREMENT 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. 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 theLabor Coalition. 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 11 shall be recovered by reducing general wage increases to the employees represented by the Labor Coalition. Any disputes regarding cost or savings shall be subject to binding arbitration upon demand of the Labor Coalition or the County. The enabling legislation shall provide that the Tier III Retirement Plan may be implemented only by an ordinance enacted by the Board of Supervisors. IAFSCME Local 2700 -143- 1999-2005 MOIL SECTION 28 - RETIREMENT 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 %) wade increase shall be implemented by the County effective October 1 , 1997, without interest, in lieu of implementation of the Tier III Retirement Plan. 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. 1n the event the County is prevented from implementing the .Tier III Retirement Plan for.any reason on .or before, the termination date of this MOU, the agreement of the parties regarding a Tier III Retirement Plan shall expire and a one percent (11 %) lump sum wage increase shall , be implemented by the County within sixty (60) days after the ..determination that Tier III cannot be implemented or as soon thereafter as practicable for the period covering October 1 , 1997 through such termination date, without interest, in lieu of the Tier III Retirement Plan. Effective October 1 , 2002, Tier 2 of the retirement plan shall be eliminated and all employees in Tier 2 of the retirement plan shall be placed in Tier 3. AFSCME Local 2700 -144- 1999-2005 MOU � r I Ll .. SECTION 29 - REIMBURSEMENT 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 dine of duty. ,e. The loss or damage was not a result of negligence or lack of proper care by the employee. U The personal property was necessarily worn or carried. by the employee in order to adequately fulfill the duties and requirements of the job. g. The. loss or damage to employee's eyeglasses, dentures, or other prosthetic devices did not occur simultaneously with a job connected injury covered by workers' compensation. h. The amount of reimbursement shall be limited to the actual cost to repair damages. Reimbursement for items damaged beyond repair shall be limited to the actual value of the item at AFSCME Local 2700 -146- 1999-2005 MOU SECTION 29 - REIMBURSEMENT 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 Meal Expenses. Employees shall bereimbursed for meal expenses under the following circumstances and in the amount specified: a. When the employee is required to be out of his/her regular or normal ,work area during a meal hour because of a particular work assignment and with prior approval of the department head or his designee. b. when the employee is required to stay over to attend consecutive or continuing afternoon and night sessions of a board or commission. C. when the employee is required to incur expenses as host for official guests of the County, work as members of examining boards, official visitors, and speaker or honored guests at banquets or other official functions. 1.1tFSCME Local 2700 -147- 1999-2005IVIOU SECTION 30 - CLASSIFICATION d. When the employee is required to work three (3) or more hours of overtime; in this case he/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 24-hour institutions. Procedures and definitions relative to reimbursement, for meal . expenses shall . be in accordance with the Administrative Bulletin on Expense Reimbursement. SECTION 30 - CLASSIFICATION Existing classes of positions may be abolished or changed and new classes may be added to the classification plan -by the Human Resources Director subject to approval by the Board of Supervisors. The County will offer to meet and confer with the Union on the minimum qualifications and salary of new classes and on any proposed changes in the minimum qualifications in current classes represented by the Union. If the County wishes. to add _duties to classes represented by the Union, the Union shall be notified and upon request of the Union, representatives of the County will meet and consult with the Union over such duties. AFSCME Local 2700 -148- 1999-2005 MOU SECTION 31 - SAFETY SECTION 31 - SAFETY 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 County is aware of the U.S. Supreme Court "whirlpool' decision regarding safe working conditions and will continue to comply with all of the provisions of that decision. 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 Employment & Human Services Department. 31 .1 VDT - Users Eve Examination. The County agrees to provide 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. 'Employees certified for examination under this program must process their request through the Employee Benefits Division of the Human Resources Department. Should ;prescription VDT eyeglasses be prescribed for the AFSCME Local 2700 -149- 1999-2005 MOU SECTION 32 - MILEAGE employee following the examination, the .county agrees to provide, at not 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 flan. The basic plan coverage, including the examination, may be credited toward the employee-enhanced benefit. .31 .2 Reopener. At the request of the County, this section may be reopened during the term of this MOU to consider alternate programs for providing VDT users eye examinations. SECTION -32 MILEAGE 32.1 Mileage Reimbursement Rate. Mileage •allowance for the use of personal vehicles on County business shall be paid according to the rates allowed by the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the Internal Revenue Service, whichever is later. 32.2 Mileage Reimbursement Policy. 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 AFSCME Local 2700 -150- 1999-2005 MOU SECTION 33 -FLEXIBLY STAFFED POSITIONS 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 - FLEXIBLY STAFFED POSITIONS The County shall continue to provide for flexible staffing and departmental certification for all positions in the following classes: Data Entry Operator ] to 11 and Deputy Clerk - Data Entry Operator I to 11. if an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents I,needed to promote an employee on the first of the month when eligible, said appointment shall be made retroactive to the first of the month when eligible. An employee who is :denied a promotion to a flexibly staffed position may appeal such denial to the Merit Board. SECTION 34 - MEAL PERIODS 34.'1 Varying Meal Periods. Representatives of the Union may discuss varying meal periods (e.g. one-half (1l2) hour versus a one (1 ) hour meal period), with certain Department Heads. Any change in the meal period agreed Ito by the Union and Department Heads must have final approval from the County Administrator. AFSCME Local 2700 -151- 1999-2005 MOU SECTION 35 - PERFORMANCE EVALUATION 34.2 Hospital Holiday 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 only between the hours of 6:30 a.m. and 6:30 p.m. 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 s/he so requests. The County agrees to meet with representatives of AFSCME, Local 2700 to discuss performance evaluation on - a County-wide basis but not a County-wide performance form. SECTION 36 - DISCIPLINARY ACTIONS If the employee so requests in writing, a copy of any written disciplinary action affecting an employee shall be furnished to the Union. SECTION 37 - PERSONNEL FILES Each department shall maintain only one official personnel file per employee. Employees shall have the right to AFSCME Local 2700 -152- 1999-2005 MOU @ - ■ lwe e ■ e ■ � e � e ■ e � - - . ' a . ■ � e e ® ® : $ $ - e _ ■ e - e lw ^ e e # ■ e - _ Of � - \e e . e - � � ■ f @ � � ■ - . - # - � . ■ ° . . � . e �■ OF � _ � $ � � , ems ¥ � � Q : - ■ � - � e # - f . ■ ■ � � . ■ � f - � $ � � $ � - \ - . . 2 � e � � ■ - . e � , ■ �' � 2 � _ f _ ■ � $ - . ' � # « �� ' � ® � � � � � ■ � � . #\ � _ � � . � . $ » _ . , _ � : � ■ � f � � - , � , � ® e e ' $ \ f $ . � � � $ ■ � e � e � - »» fe $� ^ / - $ : - - _ ■ e ■ ■ < e � # � � ■ « ■ f . e . a � $ t ® e e � f � .- < ` . � e e � , � . � � - f � � - $ � _ � a � � � ■ ^ � ■ � e - t e � \ e ■ � � e � � - . . . e � � � : a � . : . . ■ � � e � ■ ` � � . . � # e � ` e $ ff ° . . , ^ 2 � , \ e $ - � ■ - � ° - � � ® ■ ' e , � ' � . . - � e # . - � � + � ■ . . - ° f � � ■ ` e f ■ # e � e ■ e - see � e ■ » ■ ■ e � . � f � � � . ■ ea _ # 40 _ � , # f � - � $ - : e � f _ � e e e ■ � . . ' # � $ . tee � � e : ■ - . $ � . � - : ^ ■ �� � ^ ® ® e � - , . \ e . � ■ e � . § » . - e . . � � � . � _ . f $ - e $ _ e �� f , e « f ■ . . em $ e � : . � ef � $ $ - � e ■ ■ � _ � | ■ � � ■ ` # SECTION 38 SERVICE AWARDS 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. 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: AFSCME Local 2700 -154- 1999-2005 MOU SECTION 39 - FLEX-TIME 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 - FLEX-TIME 1t is understood that Resolution No. 75/1037 pertaining to flex-time may be applied to clerical employees as well as other County employees. Nothing contained in this MOU prohibits the Department Head from implementing a flex- tirne system for clerical employees. 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 a Department Head for the purpose of proposing an alternate flexible work schedule. A�SCME Local 2700 -155- 1999-2005 MOU I SECTION 40 - DATA ON VACANT POSITIONS SECTION 40 - DATA ON VACANT POSITIONS The County agrees to continue investigating the feasibility of instituting a data processing system to provide current data on available vacant positions within the clerical series. SECTION 41 - COUNTY LIBRARY EMPLOYEES .41.1 Evening Differential. Employees employed at the. County Library shall receive a five percent (5%) base pay salary differential for all scheduled hours worked between 6:00 p.m. and 9:00 p.m. r" 41.2 Saturday Differential. Employees in the Library Unit who are scheduled to work Saturday shall receive a five percent (5%) base pay salary differential for all hours worked on such Saturday, said five percent (5%) differential shall not apply to any overtime hours worked on Saturday. 41.3 Than ksa1vino/Ch ristmas Holiday. Section 12 Holiday of this MOU regarding holidays is modified for all Library employees to delete the day after Thanksgiving as a holiday and to add the day before Christmas as a holiday. The libraries will close at 6:00 p.m. on the day before Thanksgiving. 41 .4 Adlusted Work Schedule. The Library will adjust work schedules as long as reasonable staffing levels can be maintained for Library Clerks who are attending school AI+SCME Local 2700 -156- 1999-2005 MOU � � � e w, ` z ! 2 2 ■ ! ' ! � � 2, « 2 � _ � � � � � � ¥ � $ � - � � � _ � _ ■ ■ � ■ , . . . - , � $ - � t a \ _ e � ` � 2 � � # $ ■ » $ - f e . . e . � # � � ■ . � � . e ' � - $ � ^ * ^ ° # � � � � « $ ■ � ^ � � e � ® . e f e e ° . \ e ■ - � f 2 � - e , � f : . . _ . # � � � , e ■ � _ � � � » ■ �- ' $ ee � $ � . _ . . . � / � $ � � � � $ � ^ ; � . ■ � . # � \ # � Liz � � � � e � � f � � f - e � ■ f � ± ~ e e� f t a � � � $ � � � � � - e - ■ - e � � ■ e � � � � . ■ - ■ e ■^ .e . � e e � - � � ee � ® � e � ■ � ■ e _ . e � e � e � , � $ - � � � _ - � , � � # � e 2 � - � ■ wee e � - a � � t � , $ ? ' \ 2 ` � - , - e ■ ff � - ■ � � ` � � � , $ - � � m � #■ $ � esee � ., e � e � e � � < e - & . � ` f ^ ■ $ - e � ■ ` � _ - � . . e . e � _ � e � � . � � f ■ � $ e e � . e � - e ■ . e ? - e � »� ■ ■ ~ � � e . � . ■ f � - ■ � � e e e # - - .* - mo w ■ . ® e e . . . - . e e � - 4w � ` � � . , . : ° | ■ � » . , , � ■ ■ � e . SECTION 44 - PERMANENT PART-TIME EMPLOYEE BENEFITS SECTION 44 - 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 (50) percent of full time. If the employee works at least fifty (50) percent of full time, County retirement participation is also included. SECTION 45 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. SECTION 46 PERMANENT-INTERMITTENT HEALTH PLAN A permanent-intermittent employee represented by the Union may participate in one of the County Group Health Plans 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. AFSCME Local 2700 -158- 1999-2005 MOU . - . f e � m � � e m # � ■ . � < < $ $ , ^ � � * _ � e , e � � ■ ■ . - � @ e , � \ �§ � ` � � . � f - $ � � $ � . f \ f � - $ . � ■ - � � _ e ■ . � - e e ■ ■ f _ � � e « e _ � , � f ■ �� � - ■ .■ ■ ` - � � � , t . . . - � $ ■ .. _ . $ e . e �� a . � � � \ � \ e « - e . . f e . � § � °■ . $ - : . - ^ , � ' , � � � - : � . e � e �� e ¥ . � ■ f e e , .a � � $ $ - e # - � ■ $ � � ■ $ � - e $ . � # � � � � f - ® 2 . - � � � � - f � ° �e � e � � - \ � � ■ � � \ e . e - $ ©, � . . . ■ � � � ■ . . « . : f � e . . � - _ - . � � � ® $ e - ■ fe � $ e # e - ■ e # e ` e � . ■ - ■ - � _ f � ° @ � � 2 e � ^ e f ■ e . � � ■ - - � .e � ' ■ e f �■ � ~- � ■ $ . e � ■ � � - � �� - � } ^ tee ■ e . . . ee - - e ^ f -2 ` ® ' ■ ■ � ■ . f � f � � - ■ e � f ■ f2 � - e ee _ ■ f _ e - e e - � � e e � � « � e � ■ $ � $ ■ � � ; ! ■ � ■ . # SECTION 4$ - PERMANENT-INTERMITTENT HEALTH PLAN 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 currently eligible, but who subsequently meet the eligibility requirements, shall, be notified of their eligibility and shall have thirty (30) days to decide whether or not to elect coverage under this program. f. Employees 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. Nothing in Section 46.2 shall prevent an employee from electing health coverage under either Section 46.1 or Section 46.2 AFSCME Local 2700 -160- 1999-2005 MOU SECTION 47- PROVISIONAL EMPLOYEE BENEFITS SECTION 47 - PROVISIONAL EMPLOYEE BENEFITS Provisional employees who were 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 one of the County Group Health Plans 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 48 - WORD PROCESSING DIFFERENTIAL :VDT: DIFFERENTIAL Employees in the following 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: :Airport Office Assistant :Assistant Volunteer Coordinator -Data Control Clerk llledical Transcriber Retirement Services Counselor AMME Local 2700 -161- 1.999-2005 MOU SECTION 49 -HAZARD PAS`& STAT-CALL Tumor Registrar. Workers' Comp. Claims Technician Employees hired into the aforementioned classes after March 1 , 1992 are not eligible for the VDT or Word Processing Differential. SECTION 49 - HAZARD PAY & STAT-CALL 49.1 Hazard Pay. Employees who work in the following designated areas shall receive a five percent (5%) base pay salary differential for each. hour worked in the hazardous area ,provided, however, that in the event the conditions in these . areas are improved so that the hazardous conditions no longer exist such differential will no longer be applicable. a. Animal Services Department b. Reception Center of the County Hospital C. Mental Health Screening Unit of the Health Services Dept. d. Conservatorship Office 'in Martinez e. Evening Reception for the A.I.R.S. program at the Richmond Clinic f. Employee who accompanies medical staff into inmate areas of the County Detention Facility AFSCME Local 2700 -162- 1999-2005 MOU SECTION 49 - HAZARD PAY& STAT-CALL g. Employees assigned to work in the reception and transportation areas of the Martinez Detention Facility. h. Any other employee who the Board of Supervisors may by resolution authorize. 49.2 Stat-Call. A ten percent (10%) base pay salary differential shall be paid for those shifts on which -employees in classifications represented by Local 2700 are specifically assigned by the administration to respond to emergency stat-calls if said employees do not qualify for other hazard assignment differential. A five percent (5%) ;base pay salary differential shall be paid for those shifts in Which said employees are specifically assigned to respond to emergency stat-calls if said employees qualify for other hazard assignment differential, said five percent (5%) to be in addition to the hazard pay differential. 'It is understood that acceptance of the assignment to stat call is voluntary. Additionally, acceptance of the assignment to stat-call is conditional on an employee(s) having successfully completed required training. It is further understood that the above referenced, salary differential is based on an employee(s) actually being :assigned to stat-call. AFSCME Local 2700 -163- 1999-2005 MOU SECTION 50 - SHERIFFS DEPARTMENT SHIN& HOLIDAY AGREEMENT& SHIFT BIDDING POLICY SECTION 50 - SHERIFF'S DEPARTMENT SHIFT & HOLIDAY AGREEMENT & SHIFT BIDDING POLICY The agreement between the Union and the Sheriffs Department concerning shift assignments and holiday .coverage in the Services Division shall remain .in effect for the duration of this agreement. Shift bidding shall be quarterly, two (2) weeks prior to each quarter (January-March; April-June; July-September; October-December). Seniority for shift bidding is based on continuous department seniority as a permanent .employee within their current classification. Vacancies shall be filled --by temporary employees after,permanent employees have made their selection. If a temporary employee obtains permanent status, . seniority shall be calculated from the first day of permanent department employment. SECTION 51 - STUDIES/PROJECTS/COMMITTEES 51.1 Minimum Qualifications. In accordance with EEOC guidelines and requirements of Title VII of the 1964 Civil Rights Act, the County agrees to evaluate the education requirement for the class of Clerk, specifically the Experienced, Senior, and Specialist levels, to determine if a high school education should be required in the minimum qualifications. The results will be shared with Local 2700. AFSCME Local 2700 -164- 1999-2005 MOU SECTION 51 - STUDIESIPROJECT`SICOMMITTELS 51 .2 Attendance Program. There shall be convened a Labor-Management Committee to develop an attendance program for County employees. 51.3 BI-Weekly.-Pay. The County shall present to the Labor Coalition a comprehensive proposal for replacement of the current system of monthly pay with a bi-weekly (every other week) pay system. The- Labor Coalition agrees to commence meet and {confer on those elements in the proposed bi-weekly payroll system which are within the scope of bargaining and/or 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. Meetand confer on bi-weekly pay will also include 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 .U5 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. Grievance Procedure. Following completion of these negotiations, but no later than November 1 , 19969 'representatives of the County shall meet and confer with representatives of the Labor Coalition in order to develop IAFSCME Local 2700 -165- 9999-2005 MOU SECTION 51 - STUDIESIP.ROJECTSICOMMITTEES rules and guidelines governing the conduct and administration of Adjustment Boards. 51.5 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 will 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 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, hlutritionM/eight Loss, Grown 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. AFSCME Local 2700 -166- 1999-2005 MOU SECT/ON 51 - STUDIESIPROJECTSICOMMITTLES 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. Referral. The parties agree to refer the contents of this proposal to the wellness Committee for its consideration. 51 .6 Evaluations. The Human Resources Department and County Training Institute agree to meet with County departments to review their evaluation processes ' and assist in the development/revision of job related criteria. The County agrees to meet with the union to review results and proposed changes to the evaluation form or -processes as a result of this review. Any such changes to the evaluation form or process in a department will be by mutual agreements between the department and the union This process will begin no later than one hundred and twenty (120) days after the Memorandum of Understanding has been approved by the Beard of Supervisors and completed by July 1 , 2000, or as soon thereafter as practicable. 51.7 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 tandardize 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 AFSCME Local 2700 -167 1999-2005 MOU SECTION 52 - (VOTARY PUBLIC or disability and consistency between percent-based vs. flat-payment differentials. SECTION 52 - NOTARY PUBLIC Employees who are designated by their department to perform duties for the County as a notary public will be allowed time off (up to one hour) for testing and will be reimbursed for their application, testing and renewal fees. SECTION 53 GAINSHARING In the event the Employment & Human Services .Department . considers the introduction of a Gainsharing Program, the department agrees to include AFSCME, Local 2700 in such a program. SECTION 54 - UNION REPRESENTATION OF TEMPORARY EMPLOYEES ,54.1 Recognition. AFSCME, Local 2700 is the formally recognized employee organization for temporary employees, not including emergency appointments and retiree temporary appointments, who are employed by Contra Costa County in those classifications covered by the MOU between AFSCME, Local 2700 and Contra Costa County. AFSCME Local 2700 -168- 1999-2005 MOU _ _ ` i # i . . • f ! "' ii ! i i f • ' SECTION 54 - UNION REPRESENTATION OF TEMPORARY EMPLOYEES 54.2 Appointments Not Covered. Emergency appointments as defined in Section 809 of the Personnel Management Regulations, and retiree temporary appointments as provided for in Government Code, Section 81880.2, are not covered by this Letter of Understanding. 54.3 Agency Shop. A. All covered temporary employees, as specified above shall either: 1 . Become and remain a member of the Union and pay an agency shop fee of one percent (1 %) of their regular pay per semi-monthly. pay period; this percentage may be changed by the Union who will notify the County Auditor-Controller of the new percentage and effective date; or 2. Pay to the Union an agency shop service fee of the 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 amount specified in 2.2.8.2 above. 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 2700 -170- 1999-2005 MOU - - SECTION 54 - UNION REPRESENTATION OF TEMPORARY EMPLOYEES 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 or declare that the employee has a bona fide religious conscientious objection to joining or 'financially supporting a public employee organization; and b. Pay a sum equal to the agency shop service fee specified in 2.2.13.2 above to a non-religious, non-labor charitable fund chosen by the employee from those listed in the MOU between AFBCME, Local 2700 and Contra Costa County B. No initiation fee or special .assessments shall be required of these employees. The Union shall provide the County with a copy of the Union's "Hudson Procedure" for the determination and protest of its agency shop fees. The Union shall provide a copy of said "Hudson Procedure" to every fee payor covered by this MOU within one month from the date it is approved and annually thereafter, and also as a AFSCME Local 2700 -171- 1999-2005 MOU SECTION 54 - UNION REPRESENTATION OF TEMPORARY EMPLOYEES condition to any change in the agency shop fee. Failure by a fee payor to invoke the Union's Hudson Procedure within one month after actual notice of the Hudson Procedure shall be a waiver by the employee of his/her right to contest the amount of the agency shop fee. 54:4 Agency Shap Deductions. A. A current temporary employee or a new temporary employee hired into a job class represented by Local 2700 shall be provided through the Human Resources Department with an Employee Authorization For Payroll Deduction form. Said employee. shall - have thirty (30) calendar days to fully execute the authorization form of his/her choice. and return said form to the Human Resources Department. B. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and the union dues, agency shop fee or charitable contribution required under Section 3 are not received, the Union may, in writing, direct that the County withhold the agency shop fee from the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Union. AFSCME Local 2700 472- 1999-2005 MOU SECTION 54 - UNION REPRESENTATION OF TEMPORARY . EMPLOYEES. C. The Union shall indemnify, defend and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this 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 attorney fees and costs. D. The authorization of payroll deductions described above shall require the employee to agree to hold the County harmless from all claims, demands, suits or other forms of liability that may arise against the County for or on account of any deduction made from the wages of such employee. 4. Sala A. Temporary Hourly Rates. The hourly rate paid temporary employees shall be the "1 .00 hourly rate" calculated on -the salary schedule by dividing the unrounded monthly salary at any step by. 173.33. B. New Em loyees. Except as otherwise permitted in deep class resolutions, temporary employees shall generally be appointed at the minimum step of the salary range established for the particular class to which the appointment is made. However, the Human Resources Director may >AFSCME Local 2700 -173- 1999-2005 MOU I SECTION 54 - UNION REPRESENTATION OF TEMPORARY EMPLOYEES authorize an appointing authority to make a particular temporary appointment at a step above the minimum of the range. 54.5 Salary Increments within Range. A. Increment Eligibility , and Salary Review. All temporary employees shall accumulate a record of straight time hours worked for the purpose of a salary review to determine whether the employee shall be advanced to the next higher step, or other step as specified by deep class resolution, in the salary range for the classification. Advancement to a higher step shall be granted only on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend granting the salary increment or unconditional denial of the increment. B. Frequency of Increments. Increments within range shall not be granted more frequently than once per every 2080 straight time hours worked by a temporary employee. C: Effective Date. Step increases resulting from an approved salary review shall be effective the first of the month following completion of 2080 straight time hours worked and return of the salary review report to the Human Resources Department. AFSCME Local 2700 -174- 1999-2005 MOU -_. . .. SECTION 54 - UNION"REPRESENTATION OF TEMPORARY EMPLOYEES D . New Employees. Temporary employees hired at Step 1 of the salary range for their classification or at Step 1 of the salary range for their assigned level in a deep class will be eligible for a salary review as described above after completion of 1 040 straight time hours worked; additional salary reviews will be after the cumulation of an additional 2080 straight time hours as described above. E. No provision of this section shall be construed to make the granting of salary increments mandatory on the County. 54.7 Paid Time Off. A. Temporary employees shall accumulate a record of straight time hours worked. B. Based upon the accumulation of straight time hours recorded, effective On the payroll following -the payroll on which payment was made for the 1040th straight time hour worked, the temporary employee shall be .credited with twenty (20) hours of paid time off {PTC)). For each additional 1040 hours of straight time worked, the temporary employee shall be credited with an additional twenty (20) hours of paid time off. Forty (40) hours paid time off credit is the maximum amount an employee may have at any time. AFSCME Local 2700 -175- 1999-2005 MOU SECTION 54 - UNION REPRESENTATION OF TEMPORARY EMPLOYEES C. Use. PTO shall not be taken until credited. PTO shall be taken by an employee only with the approval of his/her supervisor. D. Pard Off At Separation. If a temporary employee terminates his/her County employment (separates from County service), the employee shall be paid all currently credited PTCA hours and, in addition, shall be paid off for that portion of PTO hours earned but not yet credited on the basis of that portion of the 2080 straight time hours worked (STHW). cumulation. The formula for the earned but not credited payoff is: STHW divided by 2080 multiplied by forty (40) multiplied by the current hourly pay rate at separation. E. . Appointment to a Permanent Position. If a temporary employee is appointed to a permanent position, the credited PTO hours and the earned but not yet credited PTO hours, as described in above, shall be converted to vacation hours and subject to the MOU provisions relating to vacation except that when a temporary employee is appointed to a permanent position, the employee will be allowed to use the earned PTO hours during the first six (6) months of employment. F. Health Benefits for Temporary Emglo,yees. Effective one hundred and twenty (120) days after all Coalition Employee Organizations have signed their respective Letters of Understanding, AFSCME Local 2700 -176- 1999-2005 MOU SECTION 54 - UNION REPRESENTATION OF TEMPORARY EMPLOYEES the following benefit program shall be offered to temporary employees: 1 . Program. The County shall offer CCHP Plan A-2 at the subvention rate of fifty percent (50%) of the cost.of the premium for a single individual, to those temporary employees who meet and maintain eligibility. 2. Eligibility. Initial eligibility shall be achieved when an employee has worked three (3) continuous months of service at an average of fifty percent (50%) time per month. In order to maintain eligibility, a temporary employee must remain in paid status a minimum of forty (40) hours during each successive month and maintain an average of fifty percent (50%) time year-to-date from the date of eligibility. 3. Pre-Pay. Employees who have achieved eligibility under the terms of a.2 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, temporary employees who meet the eligibility requirements and who have been voluntarily paying for a County group health AFSCME Local 2700 -177- 1999-2005 MOU I SECTION 54 - UNION REPRESENTATION OF TEMPORARY EMPLOYEES program shall be allowed to enroll in CCHP Plan A-2 without a waiting period. 4. Family Coverage. Employees may elect to purchase at their own expense, family coverage, including domestic partner, and shall. follow the procedures outlined in 3. above for payment for this optional coverage. b. Implementation. There shall be a sixty ( 0) 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 . 200.1 . Temporary employees who are not currently eligible, but who subsequently meet the eligibility requirements, shall be notified of their eligibility and shall have thirty (30) days to decide whether or not to elect coverage under this program. 4L8 Pr aviWmal E,-mplo es. AFSCME, Local .2700 is the formally recognized employee organization for all provisional employees appointed by the County from it outside County service" in classifications covered by the MOU between the County and the Union. The provisional employee will continue to receive the salaries and benefits provided in the MCU for previsional employees. Provisional employees shall be covered by the agency shop provisions of the MOU applicable to permanent AFSCME Local 2700 -178- 1999.2005 MOU * 0 0 If 0 lw SECTION 57- SCOPE OFAGREEMENT AND SEPARABILITY OF PROVISIONS SECTION 57 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS 57.1 Scope 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. The Union understands and agrees that the County is not obligated to meet and confer regarding wages, hours or conditions of employment during the term of this extended agreement, except as otherwise required by law. 57.2 - Separability of Provisions. Should any section, clause or provision of this MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of competent jurisdiction, such invalidation of such .section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. 57.3 Personnel MAnapement Regulations, where a specific prevision contained in a section of this MOU conflicts with a specific provision contained in a section of the Personnel Management Regulations, the provision of this MOU shall prevail. It is recognized, however, that AFSCME Local 2700 -180- 1999-2005 MOU f s 4 ♦ - M ! ilr' I rt lei ♦ � ` w � «` � � " • ♦ � ♦ � � r * � it SECTION 58 - PAST PRACTICES & EXISTINGif0iiS' ' DATE: CONTRA COSTA COUNTY E L 2700 Ni4C AFSCME Local 2700 -182- 1999-2005 MOU ................. .................. ...............................................................