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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-652 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adopted this Resolution on October 1, 2002, bythe following vote: AYES: &4exvisors Uilkema, DeSaulnier, Glover and Gioia NOES: » ABSENT: None ABSTAIN: Supervisor Gerber* Resolution No. 2002/&5Z— Subject: Adopt the Memorandum of Understanding) With SEIU Local 535 Rank & File Unit ) BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the otension of the Memorandum of Understanding (MOU) [copy attached and included as piart of this document] between Contra Costa County and SEIU Local 535 Rank & File Unit-jointly signed by Kathy Ito, Labor Relations Manager, and Joyce Baird, SEIU Local 535 Senior Field Representative - regarding economic terms and conditions for October 1' 1999 through September 30, 2005 for those classifications represented by that employee organization. *see attached addendum I hereby certify that this is a true and correct copy of an aeon taken and entered on the minutes of the Board of Supervisors on the date show ATTESTED: October 1, 2002 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By Deputy Cortact:Human Resources Department(Kathylto Q 5-1785) cc: tabor Relations Unit Personnel Services Unit Auditor-Controller County Counsel Joyce Baird,Lord 535 ADDENDUM TO ITEM D.3 — October 1, 2002 Supervisor Gerber made the fallowing 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 passible 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 r : MEMORANDUM of UNDERSTANDING BETWEEN . .CONTRA COSTA COUNTY AND SOCIAL SERVICES UNION, LOCAL 535 RANK & FILE UNIT This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of the Contra Costa County Board of Supervisors Resolution 81/1165 and has been jointly prepared by the parties. The.Employee Relations officer (County Administrator) is the representative of Contra Costa County' in employer- employee relations matters as provided in Board Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in . which the Union is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating. to the employment conditions,and employer-employee relations covering such employees. This 1111QU shall be presented to the Contra Costa County Board of Supervisors as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1 , 1999 and ending September 30, 2005. Special provisions and restrictions pertaining to project employees covered by this MOU are contained in Attachment E which is attached hereto and made a part hereof. DEFINITIONS Appointing Authority: Department Head unless otherwise provided by statute or ordinance. Cl : A group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group. Class Title: The designation given to a class, to each position allocated to the class, and to the employees allocated to the class. Count: Contra Costa County. Demotion: The change of a permanent employee to another position in a class allocated to a salary range for which 'the top step is lower than the top step of the class which the employee formerly occupied except as provided for under Transfer or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classifications. SEW 5351 &F - 2 - 1999-2005 MOU ■ . � . ■ � < ■ _ \ e � e & ® ' . , . � � f � � ■ 2 ` e e - » e � � 2 $ ■ � f $ � � $ � ° � ■ � ■ . 2 \ ' - � � \ » . � � � ` e / � ■ . . . : , e � � � � . . e e � � ® - � e � . » < � ■ � , _ � e � . �* # © f � � f « e � � - � � $ e . - � . e � � � e e � � � � e � �■ � ■ � , e ` � , � v � ■ . - . . . _ » � � � . e . ° e , . . . e - � e , fie � � # . ■ . . � � , e e ` $ ■ . e : f ■ e ' e $ � . � - . � � # a � - 2 � < e ef� . e . e � , 2 ■ - � $ . � $ . , # � � # � e $ f ° $ � < e _ . - e � . � t$ # e © ■ \ _ e �_ � e � ■ � . � < � � < - � ' � � e ■ � _ - e f - e . � . . - e _ » � f $ e . _ e � ■ e � e _ � 2 � � - ■ � e � e � - e ■ e ^ e _ f � � f � e � �� - e � � , � . e - � e f ■ ± ■ � _ e � e e � # _ ® � f . $ � � f � , � - � - $ — . e � �■ � e ■ � e _ � � ° � . ' _ � & � 6 ~ � ^ ' � � ` � � , © ■ � : ee e � � � � ° _ � � - � � � f e _ � . � . � f � e2a e , ■ ■ � _ ■ � ® ® IUMMMID e e � » f ■ . � � � \� - ■ . - $ - � » ° , � � - e � « � . � � « � � ! ! � . ■ , � e DEFINITIONS Permanent Position: Any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. Proiect Employee: An employee who is engaged in a time limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenues. Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under Transfer or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classes. Position: The assigned duties and responsibilities calling.for the regular full time, part-time or intermittent employment of a person. Reallocation: The act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five percent (5%) of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. Reclassification: The act of changing the allocation of a position by raising it to a higher class or reducing it to a lower SEW 535 R&F - 4 . 1999-2005 MOU # U01 I- SECTION 2 - UNION SECURITY organization has been certified as such pursuant to Chapter 34-12 of Board Resolution 81/1165. Community Aide unit Social Services Unit SECTION 2 - UNION SECURITY 2.1 Dues Deduction. Pursuant to Board Resolution No. 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 for all employees in its units. 2.2 Agency Shap. A. The Union agrees that it has a duty to provide fair and nondiscriminatory representation to all employees in the units for which this section is applicable regardless of whether they are members of the Union. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1 . Become and remain a member of the Union or; SEW 535 R&F . 6 - 1999-2005 MOU SECTION Z- UNION SECUR17 Y 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 fallowing: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. pay a sum equal to the agency shop fee described in Section 2.2.13.2 to a non- religious, non-labor, charitable fund chosen by the employee from the following charities: Family & Ch.ildren's Trust Fund, Child Abuse Prevention Council and Battered women's Alternative. SEW 535 R&F . 7 - 1999-2005 MOU SECTION 2 - UNION SECURITY C. The Union shall provide the County with a copy of the Union's Hudson . Procedure for the determination and protest of its agency shop fees. The Union shall provide a copy of said Hudson Procedure to every fee payor covered by this MOU within one month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by a fee payor to invoke the Union's Hudson Procedure within one month after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee. D. The provisions of Section 2.2.13.2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff, and leave of absence with a duration of more than thirty (30) days. E. Annually, the Union shall provide the Director of Human Resources with copies of the financial report required pursuant to the Labor Management Disclosure Act of 1959. Such report shall be available to employees in the unit. Failure to file such a report within sixty (60) days after (June 30) shall result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed. SEW 535 R&F . 8 - 1999-2005 MOU SECTION s- UNIO ■ SECURITY 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 Duman 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 2.2.13.3 are not 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. SEW 535 R&F . 9 - 1999-2005 MOU SECTION 2 - UNION SECURITY H. The County Human Resources Department shall monthly furnish a list of all new hires to the Union. 1. In the event that employees in a bargaining unit represented by the Union vote to rescind Agency Shop, the provisions of Section 2.3, 2.4, and 2.5 shall apply to dues-paying members of the Union. 2.3 Maintenance of Membership. All employees represented by the Union who are currently paying dues to the Union and all employees in such unit who hereafter become members of the Union shall as a condition of continued employment pay dues to the Union for the duration of this NICU and each year thereafter so long as the Union continues to represent the classification to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.5. 2.4 Union Dues Form. Employees hired into classifications represented by the Union shall, as a condition of employment at the time of employment, complete a Union dues authorization card provided by the Union and shall have deducted from their paychecks the membership dues of the Union. Said employees shall have thirty (30) days from the date of hire to decide if they do not want to become a member of the Union. Such decision not to become a member of the Union must be made in writing to the Auditor- Controller with a copy to the Labor Relations Division within said thirty (30) day period. If the employee decides not to become a member of the Union, any Union dues previously SEW 535 R&F _ 10 - 1999-2005 MOU . . ■ . # - � � © e e � * : e , ■ � � # . � # � e - ■ - ■ e ^ - ` w e . � ■ �■ . 2 e . � f . . e - . $ . f � e e - 2 ■ e ' < e e < ® e � # ■ ` - ■ - ■ e e s - $ � _ -� ~ $ � , ^ � - . \ \ � ■ , e - ee ® ^ ' § . $ . � „ � $ � � . - $ : � e ' - ■ e � _ ' e . f $ � . ■ . ¥ � #. ■ Cf - .- $ _ $ $ ® IV . . ■ � , » � f � f ■ - ® ' ® � ® t � f # e � 2 � , - t e ■ f - : � $ f $ a � . $ � ■ , @ of $ w ■ < e $ ■ � \ �? , ^ � e e ■ ` e e f , e _ . » \ ■ § � e , ■ f ® e � # f 2 \ $ ems . . « - � ■ e : § ■ ■ ee ■ t ® ■ . - $ . � - e e f2 - e $ e � of e ■ , ® e \ � e $ � � � � � ■ � � � . se e $ f e e ^ ' _ . e . » ee * . � f � ee ■ _ e _ e _ ■ # ■ f ■ f - - ■ ■ e e - ■ . f ■ $ - e . . ■ - # - . $ _ . e < , e � . � � ■ ■ e - � � # � ■ . ® - � # e fef ` ■ _ e e � ■ ° . ` e _ ■ e � � $ e f ^ e e ~ @ � � ~ e . � #\ - ■ - $ $ - � l $ ■ f $ $ $ ■ � t . ^ � � a _ - e ■ . \ # - e f � ee � - ■ - ■ < $ $ , . e � ee � t � ■ # � e e ' � � ■ � e , ■ . � � e e ' - e � ' ■ e . - z ° ' fll � , ■ : SECTION Z - UNION SECURITY 2.6 Communicating With Employees. The Union shall be allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of offices in which there are employees represented by the Union, provided the communications displayed have to do with matters within the scope of representation and further provided that the employee organization appropriately posts and removes the information. The department head reserves the right to remove objectionable materials after notification and discussion with the Union. Representatives of the Union, not on County time, shall be permitted to place a supply of employee literature at specific locations in County buildings if arranged through the Department Head or designated representative; said representatives may distribute employee organization literature in work areas (except work areas not open to the public) if the nature of the literature and the ' proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on-duty employees. The Union shall be allowed access to work locations in which it represents employees for the following.purposes: a. To post literature on bulletin boards; b. to arrange for use of a meeting room; SEW 535 R&F . 12 - 1999-2005 MOU SECTION 2- UNION SECURITY C. to leave and/or distribute a supply of literature as indicated above; d. to represent an employee on a grievance, and/or to contact a Union officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood ' that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason for the visit, will be made with the departmental representative in charge of the work area, and the visit will not interfere with County services, 2.7 Use of Buildinas. The Union shall be allowed the use of areas normally used for meeting purposes for meetings of County employees during non work hours when: a. Such space is available and its use by the Union is scheduled twenty-four ( 4) hours in advance, b there is no additional cost to the County; C. it does not interfere with normal County operations; d. employees in attendance are not on duty and are not scheduled for duty; e. the meetings are on matters within the scope of representation. SEW 535 R&I+ . 13 - 1999-2005 MOu f i s 49 ,. ,. • . s # . • ! • ! • ! ! � �■� • : ■ - � � . a - , . Z # ,Tail U- v . e ■ � � e � : < \ t � , . - f� e f , � � ' 1w e 2 - < ellw . f � � : ^ ■ � � e � . � . � ■ f � . . . . � - � , < < ^ . � « � - � ' � � : ® � , f e� ■ . _ . \ $ « � ® - � e - ■ $ ^ � _ e # � _ . � f e � , f � � - ■ 10 . ee , e $ e � e ° , ■ ee : 2 . . t � ■ e � � # ® � � � ■ ± e ® , � . � � 2 ® � e ` e ■ « 10e e ± § _ % e _ ■ - ■ $ » _ ■ , � � � $ < ` � � � ^ � � � ` � ■ � � � . � ol Igui ■ ■ f , e ` ■ IV � _ $f � ■ '# # _ � ' � e � � - - a. fe $ . e . � . ■ 2 . m\ a � $ � � ■ , � e � � � ■ � � ■ \ ■ . � . � � , $ e � _ , � • ■ � - - ■ ' e e - 2 ■ - - 2 ■ � . � � - � e $ eee . ■ SECTION 4 - SHOP STEWARDS & OFFICIAL REPRESENTATIVES C. if their attendance is required for meetings required for settlement of grievances filed pursuant to Section 23 - Grievance Procedure of this MOU; d. if they are designated as a shop steward, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance; e. if they are designated as spokesperson or representative of the Union and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's work station or assignment are made with the appropriate department head or designee, and the County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required. 4.2 Union Representatives. Except in the Department of Employment & Human Services, 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 the number of such representatives shall not exceed two (2) without prior approval of the Labor Relations Manager, and that advance SEW 535 R&F - 16 - 1999-2005 MOU I • # ' # I # # M # M oil # * I 'nffm- SECTION 5 - SALARIES Hilltop 1 EI Sobrante 1 Rodeo 1 Douglas 1 Antioch 2 CMSE 1 If during the term of this MOU offices are combined or created, the Union may designate one (1 ) steward for each new office and two (2) stewards for any office with one hundred (100) or more represented employees. 4.5 Department Notification. The Union shall notify in writing the Department Head or designee of those persons designated as official representatives and as stewards and of any changes of such designations when made. SECTION 5 - SALARIES 5.1 General Wage Increases. A. The following wage schedule is effective for employees represented by SEIU Local 535: October 1 1999: 5.0% increase October 1 , 2000: 3.0% increase October 1 , 2001 : 4.0% increase A five percent (5%) Lump Sum Pay will be calculated for all eligible earnings. This includes employee regular pay, overtime pay and specific other earnings computed as a percentage of base SEW 535 R&F - 1$ - 1999-2005 MOU SECTION 5- SALARIES pay form October 1 , 1999 through October 31 , 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 October 31 , 1999, without interest. The payment amount computed will be paid on the December 10, 1999 pay warrant as a "Lump Sum Payment" and will be subject to normal tax withholding and retirement deduction requirements. Additionally, the following wage increases are effective for employees represented by SEIU Local 535 exce„� for those employees designated as safety employees (for retirement purposes): October 1 , 2002: 5.0% increase October 1 , 2993: 3.0% increase October 1 , 2004: 3.0% increase Employees designated as safety employees (for retirement purposes) represented by SEW Local 535 will receive the fallowing wage increases: October 1 ; 2002: 5.0% (less a 2.25% deduction for retirement benefits) October 1 , 2003: 5.0% (less a 2.25% deduction for retirement benefits) October 1 , 2004: 5.0% (less a 2.25% deduction for retirement benefits) October 1 , 2005: 5.0% (less a 2.25% deduction for retirement benefits) SEIU 535 R&F . 19 - 1999-2005 MOU SECTION 5 - SALARIES The wage and retirement benefit provisions for safety employees represented by SEIU Local 535 expire September 30, 2006. B. Salaries. The Social Service Program Assistant (SSPA) class specification will be revised to reflect current job duties and responsibilities and the salary increased for incumbents in the SSPA class by 20 levels (2.0191 %) effective January 1 , 1096 to create the salary level of the SSPA class at a rate of at least five percent (5%) higher than that of Eligibility Work Specialist. The five percent (5%) difference in salary range shall be maintained between the SSPA and the Eligibility Work Specialist. Effective October 1 , 1999, the County agrees to increase the base pay of the Social Casework Assistant classification by 8.54%, the Employment Placement Counselor classification by 3.5%, and the Social Casework Specialist 11 classification by 3.0%. Effective October 1 , 1999, the County agrees to incorporate the 3.5% CalWORKS differential into the base pay of the Social Service Program Assistant and Social Worker classifications. Effective October 1 , 1999, the County will remove Step 1 and Step 2 from the bottom of the Social SEIU 535 R&F - 20 . 1999-2005 MOU IV • i - .. i • ! . lw 400, . � ' i ,. i o # • i0 r lw i i f 1 10 ♦ . i . • . . i lw • . .r i i .. ii i i • •• • •• •• i • i i f l i • • i i • i • i i ` i i ` i • . ! i i ` i i ` .. .. # 40 • • i i . • � i SECTION 5 - SALARIES basis under which all represented pay equity classes will be granted adjustments until all remaining classes reach the trend line or until such time as the parties mutually agree to modify or terminate this agreement. This agreement shall be presented to the Contra Costa County Board of Supervisors as the joint recommendation of the undersigned. 1 . Scope of Agreement. The County and the participating Employee organizations agree that provisions contained herein will fully supersede and replace the February 1993 Supplemental MOU on Pay Equity. 2. Adoption of Fixed Payout Formula. The County and the participating Employee organizations agree to adopt a pay equity fixed payout formula described in below in 3. which will remain in effect until all pay equity classes are adjusted to the trend line, or until such time as the parties mutually agree to modify or terminate this agreement. 3. operation of Formula. The pay equity fixed payout formula shall be computed as fellows: The annual value of the general salary increase for all classifications represented only by the participating Employee Organizations (CCCEA Local One, AFSCME Locals 2700 and 512, SEIU Local 535, California Nurses Association, Western Council of Engineers and the Appraisers' Association) and SEIU 535 R&F - 22 . 1999-2005 MOU WWI TAF-, Vill • ` i ` i i +� ` i • i i 0 - OTT ` ` !� i ! i i ` ` • # # ., i ► i � ., it ' � r � I • � r • i "" # • / i ' � i i ` � # • # i r • � " � it ! ' • ` i � i . � • I i • r i •• � � ` ` � i � i # r • • ` i i ` i ! • ♦ i iii i i . i ` i t SECTION 5- SALARIES or pay equity litigation against Contra Costa County or any agent, servant, officer, or employee of Contra Costa County and further promise that in the event litigation advancing comparable worth or pay equity claims is brought against the County or any of its agents, servants, officers, or employees, within five years from the effective date of this agreement by any person(s) employed or formerly employed in a class(es) represented by the participating unions, the union(s) representing such class(es) shall each pay up to five thousand dollars ($5000) of the County's attorney fees and costs; provided that the union is not named as a co- defendant in such litigation. 5.3 Entrance Salary. New employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range. 5.4 Anniversary Dates. Except as may otherwise be provided for in deep class resolutions, anniversary dates will be set as follows: a. New Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee successfully completes six (5) months service provided however, if an employee began work on SEW 535 R&F - 24 . '1999-2005 MOU SECTION 5- SALARIES the first regularly scheduled workday of the month the anniversary date is the first day of the calendar month when the employee successfully completes six (5) months service. b. Promotions. The anniversary date of a promoted employee is determined as for a new employee in Subsection 5.4.A above. C. Demotions. The anniversary of a demoted employee is the first day of the calendar month after the calendar month when the demotion was effective. d Transfer Reallocation and Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary range or to a salary range which is within five percent (5%) of the top step of the previous classification, remains unchanged. e Reemployment. The anniversary of an employee appointed from a reemployment list to the first step of the applicable salary range and not required to serve a probation period is determined in the same way as the anniversary date is determined for a neve employee who is appointed the same date, classification and step and who then successfully completes the required probationary period. SEIU 635 R&F - 25 - 1999-2005 Mott SECTION 6 - SALARIES f. Notwithstanding other provisions of this Section 5, the anniversary of an employee who is appointed to a classified position from outside the County's merit system at a rate above the minimum salary for the employee's new class, or who is transferred from a-nother 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. 5.5 increments Within Range. In -the Department of Employment & Human Services the performance of each employee, except those employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5.4 to determine whether the salary of the employee shall be advanced to the next higher step in the salary range. Advancement shall be granted based on the overall performance rating of standard or based on the affirmative recommendation of the appointing authority. Based on the overall performance rating of below standard, the appointing authority may recommend denial of the increment subject to one additional review at some specified date before the next anniversary which must be set at the time submitted by the Appointing Authority. SEW 535 R&F - 26 - 1999-2005 MOU .r �. ` # .r # M # ♦ r r rt # # 40 SECTION 5 - SALARIES but if the employment is intermittent, compensation shall be on an hourly basis. 5.8 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 5.10 - Salary on Promotion. 5.9 Salary Reallocation & Salary on Reallocation. A. In a general salary increase or decrease, an employee in a class which is reallocated to a salary range above or below that to which it was previously allocated, when the number of steps remain the same, shall be compensated at the same step in the new salary range the employee SEW 635 R&F - 28 . 1999-2005 MOU . , . . , . . - . � ` � . , . � Q f ■ ^ - f � e , ■ . ■ e , � # e ^ . f - _ - - ^ ■ e . f - . , ■ t ' , - e � . - ^ , e f , . e e . - ■ e � ■ e - f f _ e » e ■ - e ■ - e e 2 e e ~ « - e $ � \ - � _ � ee . - - $ ' . ■ #f . - � ■ » - . \ , � « . : � ■ ■ � � , e - # . , $ ® « � - - ® . . . � ¥ , � . e ° �_ e _ f $ ■ - - - » ® � . ■ - . e e _ _ � - ■ - ® f « J # e t � : � . � ■ � - # - . e . . . - f ■ ■ _ - e ' . ■ ■ ■ e ■ ® . ' � ■ . � ' ■ _ \ y e - e � - e ■ e - . - $ ■ � f - � ■ � Vie . _ ? ® e10 \- f r - ■ ■ � ■ . � . t $ : . e . . _ ` t # , § , ~ 0 0 . . e ■ _ # . , . $ - < _ ■ � e , . f$ � ' § . - e e _ � . . e - � . - � ■ . . - � � - - - f ' - � ■ f e ■ _ # - ■ 2 � f � ■ � e e � $ e � � ■ - \ � e � . f - e \ ° - e - ' f . , - e $ � � _ ee : ■ . - _ e ._ . - e a . e - ' . . � © « - e - - ■ # � Z , ! ! ' . , , : ■ SECTION 5 - SALARIES 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. In the event of reallocation to a deep class, the provisions of the deep class resolution and incumbent salary allocations, if any, shall supersede Section 5.9. 5.10 Salary on Prornotion. 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 5.1 4, shall receive the salary in the new salary range which is next higher than the rate received before promotion. In the event this increase is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is at least five percent (5%) greater than the next higher step; provided, however, that the next step shall not exceed the maximum salary for the higher class. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the SEW 535 R&F - 30 - 1999-2005 MOU . .. . . .. . ... . . . . .. . . . . . � ee ' f , $ ■ - Q \ _ to f e m lw < * \ � - ■ « # - e � $ - � ` : e � » - e . � $ 2 � f � - - ■ ■ � � � e ` ■ _ ■ ■ ■ � � e e , . , < � � . � - $ a � $ . , 40 . y $ . . , . : � #� ' \ , - ■ � � � - ` e ■ . � f e - : . - � \ m f � e e - - , . � . � a ■ ■ � ■ � < ■ ^ e ^ ^# - � � ■ e � ff . ^ f ° � - $ . - . - . e - � \ & : � . , � � , ■ , � # � ■ � . , ■ . . f - � � e � � , e # $ � � - � ■ , , e # - � ■ � e � ` $ � \ ` � , e � � ■ ¥ � � e � � � ® - � � e - � , \ � e e � , � ee . - � : , of » e ■� - a � � 2 � f a - ■ . � - , $ _ � $ - » � � f ■ ■ ® . 4w f . � : 2 $ � . � � . \ � - � � ® f � « � � 2 ■ ' . ` . ' , e ® , e f e ■ � '$ . . _ � $ � . � � $ � - . ' . ■ � � ® � , � - � - ° ■ ' � . � e � ® � � � e - e � � . . � � � ■ � . � . : � ? & .1VALODAL MLORPIlit-ICAW-111 ■ & ® ■ e . - - � s � e - $ f■ f f ■ , � $ � e e - $ � ■ f < � . ■ � � � l � ` - 4w, � f , � ■ f e f � _ » . e ee . e � e . - , � # , _ � ` � e to � ■ f � � , ® , _ � f - � � e ■ f � e � - e - W w . , e ' ^ � � ■ ■ e e - ■ � e � �» � . � �� � � - . ' . � ■ : � e of ® a - � # e � » - � � � $ , e � ' � � e $ $ ■ ° e r e e ■ � - - � � e : � e � - f � ee . ff e ` � - ° ' e � ■ � � < - � . « � � e - � ■ fe 2 ■ ■ ` % � � � e � . � < 2e SECTION 5 - SALARIES on the salary range which he would have achieved had he been continuously in the position to which he has been demoted, all within-range increments having been granted. 5.13 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a position in a class having a salary schedule lower than that of the class from which he or she demotes, unless the Board provides otherwise by resolution, his or her salary shall remain the same if the steps in his or her new (demoted) salary range permit, and if not, new salary shall be set at the step next below former salary. 5.14 Transfer. An employee who is transferred from one position -to another as described under "Transfer" shall be -placed at the step in the salary range of the new class which equals the rate of pay received before the transfer. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the employee shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the employee shall be placed at the step which is next lower than the salary received in the old range. Whenever a permanent employee transfers to or from a deep class, as provided in the appropriate deep class resolution, the salary of the employee shall be set as provided in the deep class resolution at a step not to exceed a five percent (5%) increase in the employee's base salary. However, if the deep class transfer occurs to or from a deep SEW 535 R&F - 32 . '1999-2005 MOU f i • A • w r i i r ar, M i r ` r i ' i rt # # or ' + i•` � � ii ' ii i # i i i ' i i • 30; • 1 * •► ' i i • i • i i ,, i i ` , i �, i i � i � i i i • � � ,. ,. i i i ' i • ! dp ' i i i IIS• i . i I i I fit .. # i i • ' i r # i i ' i "' i i ! "' • i i ' i • i ! i "' i i i ""' a► s SECTION 5 - SALARIES d. Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures provided in this Memorandum. e. The appropriate authorization form has been submitted by the Department Head at least eight (8) days prior to the expiration of the ten (10) day waiting period and approved by the County Administrator. f. Higher pay assignments shall not exceed six (0) months except through reauthorization. g. If approval is granted for pay for work in a higher classification and the assignment is terminated and later reapproved for the same employee within thirty (30) days, no additional waiting period will be required. h. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential and hazardous duty differential) accruing to the employee in his/her permanent position shall continue. L 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 SEW 535 R&F - 34 - 1999-2005 MOU ! • � ! ' # is ! OR 4F w sr sr ` f ! ! • i !u ` • ` rM ! ! ` wM Q M • ! ` ! N ! ! SECTION 5 - SALARIES Auditor-Controller a notice of election to receive salary advance. Each election shall become effective on the first day of the month following the deadline for filing the notice and shall remain effective until revoked. In the case of an election made pursuant to this Section 5.15, all required or requested deductions from salary shall be taken from the second installment, which is payable on the tenth (10th) day of the following month. 5.17 Pay Warrant Errors. If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and Holidays from the time the department is made aware,of and vermes that the pay warrant is in error. Pay errors discovered by the County in employee pay shall be corrected as soon as possible as to current pay rate but no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the two (2) year period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the Appointing Authority or designee, the Director of Human Resources or designee, or the Auditor-Controller or designee. Recovery of fraudulently SEW 535 R&F . 36 - 19992005 MOU SECTION 6- DAYS AND HOURS OF WORK accrued over or underpayments are excluded from this section for both parties. When the County notifies an employee of an overpayment and a proposed repayment schedule, the employee may accept the proposed repayment schedule or may request a meeting through the County Human Resources Department. If requested, a meeting shall be held to determine a repayment schedule which shall be no longer than one and ane-half times (1-1/2) the length of time the overpayment occurred. SECTION 6 - DAYS AND HOURS OF WORD 6.1 Normal Work Week & Deviations. The normal work week of County employees is forty (40) hours between 12.01 a.m. Monday to 12.00 midnight Sunday, usually five ( ) eight (8) hour days; however, where operational requirements of a department require deviations from the -usual pattern of five (5) eight (8) hour days per work week, an employee's work hours may be scheduled to meet these requirements, but his working time shall not exceed an average of forty (40) hours per seven (7) day period throughout an operational cycle, and the Department Head shall prepare written schedules in advance to support all deviations, the schedules to encompass the complete operational cycle contemplated. 6.2 Staggered_Work Schedule. The Department of :Employment '& Human Services shall continue to operate a staggered work schedule plan. office hours shall remain SEIU 535 R&F - 37 . 1999-2005 MOU SECTION 6 - DAYS AND HOURS OF WORK open to the public from 8:00 a.m. to 5:00 p.m., Monday through Friday. Permanent full time employees shall have the option to select, subject to prior approval of the department, an eight (8) hour day, forty (40) hour workweek schedule consisting of work hours which may be other than the normal 8:00 a.m. to 5:00 p.m. or 4:30 p.m. work schedule. The following shall serve as the basic criteria for the staggered shift: a. All employees must be present at their office or otherwise engaged in the duties of their position during the core hours of 10:00 a.m. and 3:30 p.m. b. Work schedules must remain within the hours of 7:00 a.m. and 7:00 p.m. C. The selected staggered work schedule shall consist of the same hours of work each day except for when a schedule including one varying eight (8) hour workday is necessary to provide "officer of the day" coverage or for other specific circumstances in which the department determines that such a varying schedule is appropriate. The decision of the Department Head or designee shall be final. d. Lunch periods of one (1 ) or one half (%) hour shall be scheduled. In the event that the employee desires to change the scheduled lunch hour from one (1 ) hour to one half (Y2) hour, or from one half (lz) hour to one (1 ) hour, that change must be approved in advance by the Department Head or SEW 535 R&F - 38 . 9999-2005 MOU � � # i ■ • � ■ , - § ■ e �� * f $ * ' . . � � e2 #e \ � # - � ' � « e - � \ ■ � ■ � f a $ e ^ e . � 2 ■ $ f f . � � ■ . � e e - e , � f � _ . � �■ � � e - � e , ' $ e $ , \ f � ` � . . $ f » # f ' � ■ - .■ � . . � - , - � � $ � � � - � <$ - � � � e� « f e . � ■ � � - � $ \ e� � $ $ . e $ $ e � , § ~ � � � - � e � - - � f , 2 \ e � ' _ e ■ � e � � e ° - � � - e � � - # # f ^ r � ' � � � ■ - ■ � � e � - . e^ � - e e \ � e � e e . ■ . ? e � $ $ , _ $ ® � . � ■ . � � ` , ' $ ~� � e � ^ � � � � � � � � : ■ $ � � � e ' /■ - e ^ f ° - � . . e � � � e ' e e � e , . � � � _ �* $ _ f $ of � � � ■ � � � ■ f � � e e \ � � . � � � f $ e � � f - � � � e e � e �t e . « � e � � , e ` � � � �- ■ � . , ■ ' � � e � » - e . e ■ � » � . ■ . . � e _ � e � - � - , < � e f � � � e ■ ■ ■ � � ■ � ee \ f ■ � � � , ^� � ■ � � � � . e . f �, ■ : e � ■ � � � - e - e $ e � � t � ' . $ e � . _ e � . $ $ e . ^. * # : � f e .� . . . � . > � . . : , � f � . : ' � e , e » e , : � ■ ■ � � � ■ � . : _ . . . 3 a � � . . . , � , e � e � $ # t ■ � � � e � � � � ■ ® � _ e2 ■ ■ ■ ' e \ - . � � � �■ � \ � e � � # e df � : t � � � . e © � f - ■ � ■ � � - � e � ■ � � � : - e e f - »� ■ e ■ e ® ■ r _ e « - ' e . f e . f . . � ef y . e � � ■ . 2 � ■ . � e � ■ e �e � � e . . - $ � e , � � � ' � ■ e ■ � < e � f - e ■ �■ ■ - . 2 � $ » � � � ; ! ! ' ! , , . � ■ SECTION 6 - DAYS AND HOURS OF WORK g. Changes in staggered schedules shall be requested in writing and must have the approval of the Department Head or designee prior to implementation. h. Conflicting requests for schedules shall be resolved by the Department Head whose decision shall be final. i. In the event coverage within a location becomes temporarily reduced as a result of scheduling revisions or absenteeism, employees will be expected to assure that the necessary functions are performed, particularly the answering of telephones. j. It is understood that an individual employee's schedule may be changed due to the needs of the department. k. In the event this staggered scheduling provision is found by the department to be inconsistent with the needs of the department, the department shall so advise representatives of Local 535 and the County and the Union shall meet and confer in an attempt to resolve the inconsistency. The Public Health division of the Health Services Agency shall institute, within clinic and caseload requirements, a staggered hours work schedule plan in which permanent full time Social Workers and Eligibility Workers shall have the SEW 535 R&F -40 . 1999-2005 MOU SECTION 6- DAYS AND HOURS OF WORK option to request, subject to prior approval of the Department Dead or designee, an eight (8) hour day, forty (40) hour work week schedule consisting of work hours which may be ether than the normal 8:00 a.m. to 5:00 p.m., Monday through Friday. The following shall serve as the basic criteria for departmental approval: a. All employees must be present at their office or otherwise engaged in the duties of their position during the core hours of 9:00 a.m. to 4:00 p.m. b Work schedules must remain within the hours of 7:30 a.m. and 5:30 p.m. except for specific assignments which may require work beyond those hours. C. The selected staggered work schedule shall consist of the same eight (8) hour work days as is necessary to provide coverage during the hours of 8:00 a.m. to 5:00 p.m. The decision of the Department Head or designee shall be final. d. Lunch periods of one (1 ) or one-half (Y2) hour shall be scheduled subject to the approval of the Department Head or designee. In the event that the Social Worker or Eligibility Worker desires to change the scheduled lunch hour from one (1 ) hour to ane-half (Y2) hour, or from one half (Y2) hour to one (1 ) hour, that change must be approved in advance by the Department Head or designee. SEIU 535 R&F -41 - 1999-2005 MOU .............................................. _. ... SECTION 6- DAYS AND HOURS OF WORK e. Each proposed staggered schedule must be submitted in writing and approved by the Department Head or designee prior to implementation. f. Changes in staggered schedules shall be requested in writing and must have the approval of the Department Head or designee prior to implementation. g. Conflicting*requests for schedules shall be resolved by the Department Head or designee, and this decision shall be final. h. In the event coverage within an area office becomes temporarily reduced as a result of program changes, scheduling revisions, absenteeism, or reductions in staffing, the department may adjust Social Worker and Eligibility Worker schedules and/or duties to assure that the necessary functions of the department are performed. i. It is understood that an individual employee's schedule may be changed due to the needs of the department. j. In the event this staggered scheduling provision is found by the department to be inconsistent with the needs of the department, the department shall so advise representatives of Local 535 and the County SEW 535 R&F - 42 . 1999-2005 MOU � � � . , . , . . � < a - . � ■ f : � . � ■ � ■ � � - � @ ? ® � w f ; | \ . � ■ ;. � � e _ \ ° - . \ f $ fe , � � ■ � # ■ ' � � � � � - \ ee - � $ . � � ■ � � _ e ^ e - ._ - e ■ � - � ^ e » ■ � _ � \ � ■ � e ® # � � � f � e . e � � � � � ■ # f � # � e � $ � _ � � e - f ^ � ' e . � ■ e * ■ e « e � . . - � f _ , � ® ■ � , ^ . - , - ± ■ - e , . ' $ . ■ e , ' . fv v ■ - - ~ ' @ ■ . � � - ■ . ® � , � ■ e _ � - _ $ e � _ , e - �� \ � . . . � , � » . � « # e f � � . f ■ � ■ . 2 . - - - - . e e � � � . f ■ _ e � e - � e � . � $ _ . � f � $ © \ e - � $ \ $ � $ ® � a ■ $ - � � \ > $ � . . $ . - � � 6. $ t .. . ® � , � � . e .: - ■ �$ � e � � ■ � ` e � * ^ �1 �� # °e ° + $ � e � : e + - f e � - e � e . � $ - � e , � � e - f � , of e e �� � � f ■ � # � � � - � � � $ : _ , � � ■ � � � : � � � \ � � _ � � f � � 2 � < $ � , _ �f e� e _ e � e ■ : � , ■ $ . � . � e ' _ e 2 �2 . , . . . f ` �� ; $ e � , , - � ■ � e � � � . - . ■ � 2 - e _ � � e e f � - � � a e e f � \ � f � e ■ e e _ � � ee $ « . . $ � � � a ■ � - . e � . . . . � � * e . : � � . e � � . � - �2 . . ! • _ ■ ■ ° � e . .................................................... .......... ................................... SECTION 7- OVERTIME AND COMPENSATORY TIME Jails, Juvenile Hall and Boys' Ranch) shall be provided a choice as to whether they shall be paid at the overtime rate or shall receive compensatory time off at the rate of one and one-half (1-1/2) hours compensatory time off for each hour worked. Such compensatory time off, and the accumulation thereof shall be in addition to the total vacation accumulation permitted under the terms of this MOU. The specific provisions of this accumulation are set forth in Section 12.4 -- Holidays lalling on Saturday or Sunday 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. A. Employees receiving overtime pay who wish to accrue compensatory time off in lieu of overtime pay shall notify the department on the approved form indicating their desire to accrue compensatory time off at least seven (7) calendar days prior to July 1 of each year. Employees accruing compensatory time off and who wish to continue to accrue compensatory time off in a subsequent fiscal year are not required to notify the department. An employee wishing to change the method of overtime compensation (overtime pay to compensatory time off or compensatory time off to overtime pay) during the fiscal year may do so by SEW 535 R&F -44 - 1999-2005 MOU „«: . . � ■ . ■ . ©! � � + . ■ ■ - - � � , e - . . ■� � e f e � ■ , � � e � - » fie e - e � e � � � � $ e � � . � ■ � - e . . � ? _ \ e ` @ � ■ f & � f «� � ' » e � � $ f � $ ■ ` - © � - � e .■ _ � . 2 _ ■ . - e , $ ' e ■ ■ , , OF f e e e - ■ _ ■ , eof < tee ■ ■ tee - ■ e f2 § � � T - ■ » e � � r � ° t # - e � - � e f _ e ■ e - # e . ■ � ■ - � � _ e ° � e � _ ■ f \ . � . fe _ . � ' _ � e a � - » e ■ � . . � . . . . . * � � f � . . : , 7 � e f $ $ � - # � ■ f ■ $ ` f e * '� $ � e - � :� �e � � � f ■ _ - � . ® ■ � e � « e . - , $ . � : $ � . � e ¥» � - > . e f � ■ # � � 3 - ■ � _ � a . �` f ? �# � e \ ® e . \ . . . , _ �� e . , . e . f ■ ■ f � � ` $ . ■ ■ � ® � � � . e _ � ' , ■ � of � � e ° ' $ @ . � f � � , < ■ _ _ ° . � ^ » � e � � , � � , � ■ _ . \� e � � e e � � \ � ■ � . e � fe � ■ f � _ �e , ■ � ■ e � f � e � � e � � � � . @ ■ � - - $ $ . - - . � - - _ , \ � ■ � ■ - . . . ■ . f � $ � � ■ § .- e e ` ' � e � � e �� e . � � � - SECTION 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. The use of accrued compensatory time off shall be by mutual agreement between the Department Head or his designee and the employee. Compensatory time off shall not be taken when the employee would be replaced by another employee who would be eligible to receive, for time worked, either overtime payment or compensatory time accruals as provided for in this Section. . This provision may be waived at the discretion of the Department Head or his designee. G. When an employee promotes, demotes or transfers from the classification eligible for compensatory time off to another classification eligible for compensatory time off within the same department, the employee's accrued compensatory time off balance will be carried forward with the employee. H. Compensatory time accrual balances will be paid off when an employee moves from one department to another through promotion, demotion or transfer. Said payoff will be made in accordance with the SEIU 535 R&F - 46 - 1999-2005 MOU SECTION 7- OVERTIME AND COMPENSATORY TIME provisions and salary of the class from which the employee is promoting, demoting or transferring as provided in 1. below. 1. Since employees accrue compensatory time off at the rate of one and one-half (1-1/2) hours for each hour of authorized overtime worked, accrued compensatory time balances shall 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; 5. the employee is granted a leave of absence. J. Compensatory time off shall be accrued and taken in increments of one-tenth (1110) hour (six (6) minutes).- K. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this section. SEW 535 R&F -47 . 1999-200511 OU SECTION 8 - CALL BACK TIME 7.3 Part-Time Differential. If an employee in the Department of Employment & Human Services, assigned to a permanent part-time position, is requested to work on his/her scheduled day off after the scheduled office hours, such employee shall receive, in addition to their regular base rate of pay, a differential of one-half (Y2) their regular base rate of pay. SECTION 8 - CALL BACK TIME Any employee who is called back to duty shall be paid at the appropriate rate for the actual time worked plus one (1 ) hour. Such employee called back shall be paid a minimum of two (2) hours at the appropriate rate for each call back. SECTION 9 - ON-CALL DUTY On call duty is any time other than time when the employee is actually on duty during which an employee is not required to be on County premises but stand ready to immediately report for duty and must arrange so that his superior can reach him on ten (10) minutes notice or less. An employee assigned to on-call time shall be paid one (1 ) hour of straight time credit for each four (4) hours on such on-call time. Those positions which are on-call shall be designated by the appointing authority whose decision is final. Assignment to an on-call position shall be in accordance with Section 38. SEW 535 R&F -48 . 1999-2005 MDU SECTION 10- SHIFT DIFFERENTIAL SECTION 10 - SHIFT DIFFERENTIAL In the hours which qualify for shift differential, employees shall receive five percent (5%) above their base salary rate. To qualify for shift differential, an employee must have a regularly assigned daily work schedule which requires: e. Completion of more than one and one-half (1-112) hours over the normal actual working time; or b. At least four (4) hours of actual working time from 5:00 p.m. through 9:00 a.m. inclusive. However, employees who have been regularly working a shift qualifying for shift differential immediately preceding the commencement of a vacation, paid sick leave period, paid disability or other paid leave, will have shift differential included in computing the pay for their leave. The paid leave of an employee who is on a rotating shift schedule shall include the shift differential that would have been received had the employee worked the shift for which the employee was scheduled during such period. Shift differential shall only be paid during paid sick leave and paid disability as provided above for the first thirty (30) calendar days of each absence. SEW 535 R&F .49 - 1999-2005 MoU ... ........................................... . ................................................. ........................................ . SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT 11 .1 Workforce Reduction. In the event that funding reductions or shortfalls in funding occur in a department or are expected, which may result in layoffs, the department will notify the union and take the following actions: a. Identify the classification(s) in which position reductions may be required due to funding reductions or shortfalls. b. Advise employees in those classifications that position reductions may . occur in their classifications. C. Accept voluntary leaves of absence from employees in those classifications which do not appear to be potentially impacted by possible position reductions when such leaves can be accommodated by the department. d. Consider employee requests to reduce their position hours from full time to part time to alleviate the impact of the potential layoffs. e. Approve requests for reduction in hours, lateral transfers, and voluntary demotions to vacant, funded positions in classes not scheduled for layoffs within the department, as well, as to other SEIU 535 R&F - 60 - 1999-2005 MOU SECTION 11'- SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT departments not experiencing funding reductions or shortfalls when it is a viable operational alternative for the department(s). f. Review various alternatives which will help mitigate the impact of the layoff by working through the Tactical Employment Team program {TET} to: 1 . Maintain an employee skills inventory bank to be used as a basis for referrals to other employment opportunities. 2. Determine if there are ether 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 preparation, alternate career counseling, jab search strategy, and interviewing skills. g. when it appears to the Department Head and/or Labor Relations Officer that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit, the Labor Relations Officer shall notify the Union of the possibility of such layoffs and shall meet and confer I SEW 635 R&F - 51 . 1999-2005 MOU SECTION 11 SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT with the Union regarding the implementation of the action. 11 .2 Separation Through Layoff A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the merit service may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the positions). 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 soon. C. Layoff By Displacement. 1 . In the Same Class. A laid off permanent full time employee may displace an employee in the department having less seniority in the same class who occupies a permanent intermittent or permanent part-time position, the least senior employee being displaced first. 2. In the Same Level or Lower Class. A laid off or displaced employee who had achieved permanent status in a class at the same or SEM 535 R&F - 52 - 1999-2005 MOU SECTION i1 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT lower salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class of an employee having less seniority; the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. D. Particular Rules on Displacing. 1 . Permanent intermittent and permanent part- time employees may displace only employees holding permanent positions of the same type respectively. 2. A permanent full time employee may displace any intermittent or part-time employee with less seniority (1 ) in the same class, or (2) in a class of the same or lower salary level if no full time employee in a class at the same or lower salary level has less seniority than the displacing employees. 3. Former permanent full time employees who have voluntarily become permanent part-time employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Director of Human Resources or designee retain their permanent full time employee seniority rights for layoff purposes only and may in a later layoff displace a full SEW 536 R&F - 63 - ' 999-2005 MOU .................................................... _ ........... SECTION 91 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT time employee with less seniority as provided in these rules. E. Seniority. An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salary schedule in effect at the time of layoff. Employees reallocated or transferred without examination from, one class to another class having a salary within five percent (5%) of the former class, as provided in Section 305.2, shall carry the seniority accrued in the former class into the new class. Employees reallocated to a new deep class upon its initiation or otherwise reallocated to a deep class because the duties of the position occupied are appropriately described in the deep class shall carry into the deep class the seniority accrued or carried forward in the former class and seniority accrued in other classes which have been included in the deep class. Service for layoff and displacement purposes includes only the employee's last continuous permanent County employment. periods of separation may not be bridged to extend such service unless the separation is a result of layoff in which case bridging will be authorized if the SEIU 535 R&F - 54 . 1999-2005 MOU . . :.,,-....... :...v: N:< ..< :.... ::. :N::.. :.v:..:.....::: A • ! ` ! ! ♦ ! ! ! ! ! ! SIR ! ! ! • ! ! ♦ ! ! ! ! ♦ ` ! ! ♦ ♦ ` ! i • l i i I • # # # # I # # # # I # r r I SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT layoff list shall be appointed at the same step of the salary range the employee held on the day of layoff. J Removal of Names From Reemployment and Layoff Lists. 1 . The director of Human Resources may remove the name of any eligible from a reemployment or layoff list for any reason listed below: a. For any cause stipulated in Section 404.1 of the Personnel Management Regulations. b. On evidence that the eligible cannot be located by postal authorities. c. On receipt of a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for appointment in the class. d. If three (3) offers of permanent appointment to the class for which the eligible list was established have been declined by the eligible. e. If the eligible fails to respond to the Director of Human Resources. or the SE1U 535 R&F - 57 . 1999-2005 MOU ............. .. . .................................................. .................................................. . ................................................... SECTION 11 SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT appointing authority within ten (10) days to written notice of certification mailed to the person's last known address. 2. If the person on the reemployment or layoff list is appointed to another position in the same or lower classification, the name of the person shall be removed. 3. However, if the first permanent appointment of a person on a layoff list is to a lower class which has a top step salary lower than the top step of the class from which the person was laid off, the name of the person shall not be removed from the layoff list. Any subsequent appointment of such person from the layoff list shall result in removal of that person's name. K. Removal of Names from Reemployment and Lavoff Certifications. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff certification if the eligible fails to respond within five (5) days to a written notice of certification mailed to the person's last known address. 11 .3 Notice. The County agrees to give employees scheduled for layoff at least ten (10) work days notice prior to their last day of employment. SEIU 535 R&F - 58 - 1999-2005 MOU ;..:: :. ■ � ■ - . , ■ - » � ■ ! . � � � � ■ ® � , ° z � � «� � � � � ■ e � ' ® ee � � � � � . of , _ 2 $� lw _ e e e ■ f 3? ■ � - e ■ e $ e . _ f ■ - e - e e : ` e ■ e ® - � ■ � $ , �- $ $ � � $ * $ a � e � . _ . ■ � � e \ � . . \ / tee $ ■ � � f � $ � � � _ � � e ` � - � . � ' � ■ e � » � . � ■ � � ■ � » - � � � . , � f � , . ¥ � , # . � , ■ f � < e e � - . . e ■ - - ® . - to , ■ e e _ e e . � e , . . � ■ - e , ■ e . e e � , e . f » , . ■ . . � � - � f f , e ■� . ■ � � � - ■ ° � - $ � . . ¥ � ^ � e e + � . - ■ � � - _ ' e $ � � � - . � e . ° °� . . � e � $ � - � $ � ■ $ � ' � � \ # a . - -. ■ � _ ■ � � - $ ■ � ` , � e � � $ e � ' e � - e of � e e � «f $ ■ ee , �, . e � e � ^ < �e � � e � f� : § ^ _ - 2 ■� - e � � °e � � � - e � � ■ � � � e � � ■ , � e � ■ e ® f � , . � ■ f $ � . < w � � �f4 ° � ■ � ' � $ � , 10 § � ■ . f , e - < 2 e ■ e � e � � $ _ f � � 2 e � � - �■ � _ ■ ¥ � $ ■ f - � , eee � ■ e � < e f ^ _ � \ � e � � � � � � @ e � - - ® - e � � , » e � ■ � - e - .e � � ® » . - § � . z � . • • ! ' „ � SECTION 12- HOLIDAYS 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 1st, 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 11th, 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 full time employee shall accrue two (2) hours of personal holiday credit per month. Such personal holiday time may be taken in increments of one- tenth hour (six (6) minutes), and preference of personal holidays shall be given to employees according, to their seniority in their department as reasonably as possible. C. Permanent part-time employees shall receive personal holiday credit in the same ratio to the SEW 535 R&F . 60 - 1999-2005 MOU SECTION'12- HOLIDAYS personal holiday credit given full time employees as the number of hours per week in the parttime employee's schedule bears to the number of hours in the regular full time schedule. d. Employees shall accrue their personal holiday credit during months they are in pay statins provided however that 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 credits at the employee's then current pay rate. e Employees in positions which work around the clock shall continue to celebrate Admission Day, Columbus Day, and Lincoln's Day. 12.2 Agplication of Holiday Credit. The fallowing provisions indicate how holiday credit is to be applied: a Employees on the five (5) day forty (40) hour Monday through Friday work schedule shall be entitled to a holiday whenever a holiday is observed pursuant to the schedule cited above. b. Employees on a work schedule other than Monday through Friday shall be entitled to credit for any holiday, whether worked or not, observed by employees on the regular schedule. C. For all employees, if a work day falls on a scheduled holiday they shall receive overtime pay SEW 535 R&F - 61 - 1999.2445 MOU ............................................... . SECTION 92 - HOLIDAYS or equivalent compensatory time credit (holiday credit) for working the holiday; or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit. 12.3 Holidays Falling on Saturday or Sunday. If any holiday listed in Section 12.1 .A above falls on a Saturday, it shall be observed on the preceding Friday. If any holiday listed in Section 12.1 .A falls on a Sunday, it shall be observed on the following Monday. 12.4 Accrual of Holiday Time & Credit. Employees entitled to holiday credit shall be permitted to elect between pay or compensatory time off in recognition of holidays , worked. The following procedures shall apply to this selection: 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. SEW 535 R&F - 62 . 1999-2005 MOU SECTION 13 - VACATION LEAVE Vacation may be taken in increments of one-tenth hour (six (6) minutes). Vacation credits may not be taken during the first six (6) months of employment (not necessarily synonymous with probationary status) except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. Vacation Leave on Reemployment From a Layoff List. Employees with six (6) months or more service in a permanent position prior to their layoff, who are employed from a layoff list, shall be considered as having completed six (6) months tenure in a permanent position for the purpose of vacation leave. The appointing authority or designee will advise the Auditor-Controller's Payroll Unit in each case where such vacation is authorized so that appropriate Payroll system override actions can be taken. 13.2 Vacation Accrual Rates. Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 15 years 10 240 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 430 30 years and up 23-1/3 560 Employees in permanent part-time and permanent- intermittent positions shall accrue vacation benefits on a pro SEW 535 R&F - 64 . 1999-2005 MOU F ! a R � i i R • R R # - « f A � SECTION 14- SICK LEAVE understanding. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one-tenth hour (six (6) minutes) increments. Unused sick leave credits accumulate from year to year. When an employee is separated other than through retirement, accumulated sick leave credits shall be canceled, unless the separation results from layoff, in which case the accumulated credits shall be restored if reemployed in a permanent position within the period of lay off eligibility. As of the date of retirement, an employee's accumulated sick leave is converted to retirement time on the basis on one day of retirement service credit for each day of accumulated sick leave credit. 94.3 Policies Governing the Use of_Paid Sick Leave. primary purpose of paid l�sick leave As indicated above, the rima is to ensure employees against loss of pay for temporary absences from work due to illness or injury. The, following definitions apply: "Immediate, Family" means and includes only the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, SEW 535 R&F - 66 - 1999-2005 MOU .':wx...v;u;Mx;.aa.Ktcoouwxn...;..w.,..........w..++.w..:•:.•,:....<.':..w...r:cw"s<ssSxtcec.:m,;..;:.;.:.,:.......v.,..... .;.,::: :.:.v:..,,,,....v..,..w...,....w,.....::..: 190IME W141 s ! f R # R ' !W f MA I ! twIll ! IsiBills ! ` �` # ! ' f t 4 SECTION 14- SICK LEAVE disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which the employee is qualified by reason of education, training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: 1 . An application for retirement due to disability has been filed with the Retirement Board. 2. Satisfactory medical evidence of such disability is received by the appointing authority within thirty (30) days of the start of use of sick leave for permanent disability. 3. The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. C. communicable Disease. An employee may use paid sick leave credits when under a physician's SEW 535 R&F - 68 . '1999-2005 MOU . � . . ■ $ � e m � _ � e - ■ e . � e : : � ■ . f # � e � � � # � ■ f� � . � e % � � �. � � � � � e $ � � ■ � _ � , ■ . , ■ . . ■ # 2 ` � e ~ f e � _ e � . \ _ . � e � ° � � ^ e f e .a e e � ' e . � < � ~ 1, � �e f � # e � e e $ $� �- e f ^ � � � �� � e � : � , of , $ ' e e - � � . - _ f \ �� ■ � � e � � _ � , � . � . � e ■ �� - � �� e ■ � - - $ � � e � � - ■ f ee e � . .. e �� � e ■ � \ � + � ■ e ■ � � ■ � ■ f e ! � $ � , � � � � � § � f � � � � � - � � , - � . - - � ee - f �. -. , e $ e � e � .� e _ ^ ■ � � � � ' ■ e . « . . - . . . . _ \ e e « , e � � e � � - � e e 2 - ^ - - $ ■ ■ ^ � , ^ � f � � f � ^ � � � - $ e .f � - - . .e � f f e e �- - , e - � � » e � . _ e � $ ■ �� a $ ■ f � te � � - � � . � f � . � ■ � ■ - � ■ - e e f t e e f * , � ■ . © � e \� \� f � _ � f � ` e � � - ' � f e� � - e , ■ . . � \ " _ � . ' e _ l� - e - , � � ■ � � � 2 $ � $ . $ 5 . � . ® � _ ' � ■ ■ - � $ e - . e � ■ $ . « f , � � � e � f _ e ■ e . e , . ■ e f - � f . ` _ � ' * e ■ ff � ■ � � e � $ # e ■ f . e - � $ . � t � � e ° e ° » - $ ® � _ � .� � . ■ � � a e - e ■ � _ # � «- \ f ■ e � e ■ . f ■ .$ ■ e �- e � . . � , . ■ - � # $ \ ■ � e@ � � e � _ . $ _ � � � f � $ � 2 - � $ � . � f � � : ■ ® f ■ � fe $ § e ` « a � a � , - � � � , e e � � e � ~ , f � : � e $� � � ® . e . \ � e e � � ? � � � , ' _ ! _ „ . e � ........................................................... ............................................... .. .. ...................................................... SECTION 14- SICK LEAVE medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3. Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. e. Medical and Dental Appointments. An employee may use paid sick leave credits: 1 . For working time used in keeping medical and dental appointments for the employee's own care; and 2. For working time used by an employee for prescheduled medical and dental appointments for an immediate family member. f. Eme[gency 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 SEW 535 R&F - 70 . 1999-2005 MOU SECTION 94- SICK LEAVE because of a death in the employee's immediate family or of the employee's domestic partner, but this shall not exceed three (3) working days, plus up to two (2) days of work time for necessary travel. Use of additional accruals including sick leave when appropriate, may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. h Legal Adoption of a Child. Paid sick leave credits may be used by an employee upon adoption of the child. i. Accumulated paid sick leave credits may not be used in the following situations: 1 . Vacation. Paid sick leave credits may not be used for an employee's illness or injury which occurs while he is on vacation but the {county Administrator may authorize it when extenuating circumstances exist and the appointing authority approves. 2. Not in Pgy 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. 1 .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: SEIU 535 R&F - 71 - 1999-2005 Mol! SECTION 14- SICK LEAVE a. Employee Responsibilities. 1 . Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2. Employees are responsible for keeping their department informed on a continuing basis of 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 prearranged personal or family medical and dental appointment. 4. Employees are encouraged to keep the department advised of (1 ) a current telephone number to which sick leave related inquiries may be directed, and (2) any condition(s) and/or restriction(s) that may reasonably be imposed regarding specific locations and/or persons the department may contact to verify the employee's sick leave. b. Department Responsibilities. The use of sick leave may properly be denied if these procedures are not followed. Abuse of sick leave on the part of the SEW 535 R&F - 72 - '1999-2005 MOU SECTION 14- SICK LEAVE employee is cause for disciplinary action. Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim. The department head or designee may make reasonable inquiries about employee absences. The department may require medical verification for an absence of three (3) or more working days. The department may also require medical verification for absences of less than three (3) working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: 1 . Calling the employee's residence telephone number or other contact telephone number provided by the employee if telephone notification was not made in accordance with departmental sick leave call-in guidelines. These inquiries shall be subject to any restrictions imposed by the employee under Section 14.4.a. 2. Obtaining the employee's signature on the Absence/Overtime Record, or on another form established for that purpose, as employee certification of the legitimacy of the claim. 3. Obtaining the employee's written statement of explanation regarding the sick leave claim. SEW 635 R&F - 73 . 16199-2005 MOU ....................................................... ....................................................... . . SECTION 14- SICK LEAVE 4. Requiring the employee to obtain a physician's certificate or verification of the employee's illness, date(s) the employee was incapacitated, and the employee's ability to return to work, as specified above. 5. In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as specified above. Department heads are responsible for establishing timekeeping procedures which will insure the submission of a time card covering each employee absence and for operating their respective offices in accordance with these policies and with clarifying regulations issued by the Office of the County Administrator. To help assure uniform policy application, the Human Resources director or designated management staff of the County Human Resources Department should be contacted with respect to sick leave determinations about which the department is in doubt. 14.5 Disability. A. An employee physically or mentally incapacitated for the performance of duty is subject to dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937. An appointing SEW 535 R&F - 74 . 1999-2005 MOU . � : � , _ e � � � � e � e � � , � e , - � - � ■ a� t � ■ � � � � � _ ■ ■ ■ � ■ » � ■ � � � . - e � � _ e e _ . e � ■ � e ? � ■ * . f f � � ■ � - � e e � - e � e � 2 � $ ■ ■ . $ � . e > ■ ® - � . � e $ f - � ee � _ � ■ ■ f � � � - � � e < . , a � � _ °_ � _ $ � � , � � $ � - - $ - $ � � � # � - f ■ $ - f ° ■ f © � �� , ee ■ � � e , ■ �� e � �. � ® , � « � � e � , ��- # � � � - , � - � ® � ' ® . . � - ® � � � � � � e � e ■ � � ■ � - � � � � _ - . $ $ - f � . § , $ _ � - _ � ■ � �� - . e \ ` � e ■ f � ■ 5 f � e $ '- e � 2 e . $ ? $ � . � #� � f * � � � ■ � � � e - � e ^ � ® ■ e � , e ■ f � - � � e ■ - � e ■ ` � e $ � � . e . f: e ' « � , . � e e . . � t . . � � � - � $ � $ � . . - . � - � _ � - $ � � - , _ � e � e . _ - - # e � � , ■ e _ e � . . : . \ � � � � � � @ � ■ � � . � � » ® ■ ■ . � . : ■ . e � � ■ e ■ _ . ■ f :f � , � e # e f � .e � e� � ■ . � . : � , e � - - � � . . . # ■ � w e . e � e e a � : . $ � f e . , � _ ' $ # � � ^� e � - � 4 � f� . . $ e ■ ® . . � e ■ � , � . _ - - e ®� . ± f 2 � $ * - � ■ ■ � � , $ � � � � $ � \ �f _ � � � ■ � � ® ® � e e f f e � � ■ ° # � # . _ e 7 _ ■ ■ ■ � e � ~ e ^ : #� � > � ■ . f < - � ■ ■ e a _ � e � � � $ � � � ~ � � # $ � ` � e � , � ' . � - � - _ e e $ � � e $ . � � f , � . . � , . � $ . f e - � $ e , e ■ - , ! � e \ � $ . ■ � � � � e . e �� $ � - �e � f � � � ■ ■ ` f © � ■ . � § $ - . � , 3 : \ , e ■ � � e � ' e - ' � e � � � - ' � ■ e - � « � � ■ � � � � � � � e � : � � - z � ! ! ! , , : e .............................................................. _. . .. __ SECTION 14- SICK LEAVE salary. The Human Resources. Director may order lost pay restored for good cause and subject to the employee's duty to mitigate damages. D. Before an employee returns to work from any absence for illness or injury, other leave of absence or disability leave, exceeding two weeks in duration, the appointing authority may order the employee to undergo at County expense a physical, medical, and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. If the report shows that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as he deems necessary in accordance with appropriate provisions of this . MOU. E. Before an employee is placed on an unpaid leave of absence or suspended because of physical or mental incapacity under (a) or (b) above, the employee shall be given notice of the proposed leave of absence or suspension by letter or memorandum, delivered personally or by certified mail, containing the fallowing. 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 SEW 535 R&F . 76 - '1999-2005 MOU SECTION 14- SICK LEAVE a certain physical or mental health condition has been attained by the employee! 3. a statement of the basis upon which the action is being taken; 4. a statement that the employee may review the materials upon which the action is taken; 5. a statement that the employee has until a specified date (not less than seven (7) work days from personal delivery or mailing of the notice) to respond to the appointing authority orally or in writing. F. Pending response to the notice the appointing authority for cause specified in writing may place the employee on a temporary leave of absence, with pay. G. The employee to whom the notice has been delivered or mailed shall have seven (7) work days to respond to the appointing authority either orally or in writing before the proposed action may be taken. H. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension in writing statim specifically the basis upon which the action is being talon, delivering the order to the employee either personally or by certified mail, effective either upon SEfU 535 R&F - 77 - 1999-2005 MOM SECTION 14- SICK LEAVE personal delivery or deposit in the U.S. Postal Service. I. An employee who is placed on leave or suspended under this section may, within ten (10) calendar days after personal delivery or mailing -to the employee of the order, appeal the order in writing through the Director of Human Resources to the Merit Board. Alternatively, the employee may file a written election with the Director of Human Resources waiving the employee's right to appeal to the Merit Board in favor of appeal to a Disability Review Arbitrator. J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator, the employee has the burden of proof to show that either` 1 . the physical or mental health condition cited by the appointing authority does not exist, or 2. the physical or mental health condition does exist, but it is not sufficient to prevent, preclude, or impair the employee's performance of duty, or is not sufficient to endanger the health or safety of the employee, other employees, or the public. K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the Director of Human Resources to the Merit Board for hearing SEW 535 R&F - 78 . 1999-2005 MOU SECTION 14-• SICK LEAVE under the Merit Board's Procedures, Section 1114- 11 28 inclusive. Medical reports submitted in evidence in such hearings shall remain confidential information and shall not be a part of the public record. �. 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. Scrape of the Arbitrator's Review. 1 . The arbitrator may affirm, modify or revoke the leave of absence or suspension. 2. The arbitrator may male his decision based only on evidence submitted by the County and the employee. 3. The arbitrator may order back pay or paid sick leave credits for any period, of leave of absence or suspension if the leave or suspension is found not to be sustainable, subject to the employee's duty to mitigate damages. SEW 535 R&F - 79 - '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 Sections 14 and 15 shall be coordinated with the rehabilitation program as determined by the labor- management committee. 94.6 Workers' Compensation. A permanent non-safety employee shall continue to receive the appropriate percent regular monthly salary, for all accepted claims filed before January 1 , 2000, during any period of compensable temporary disability absence not to exceed one year. For all accepted claims filed with the County on or after January 1 , 2000, the percentage of pay for employees entitled to Workers' Compensation shall be decreased from 87% to 86%. This provision excludes those safety employees entitled to benefits as ' defined under the Workers' Compensation Laws of California, Labor Code Section 4850. If Workers' Compensation becomes taxable, the 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. Employees who leave work as a result of an on-the- job injury will have the balance of that day charged to continuing pay. This will be considered as the last day worked for purposes of determining Workers' Compensation benefits. A permanent employee shall receive the authorized percentage SEW 535 R&F - 80 - 1999-2005 MOU 1 IV R ! ` I ! ` I ! ` I ! ♦ ` i ` ♦ ! I I # # + I # rt I to # �. M # A R r � • i 1 • SECTION 14- SICK LEAVE 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. Continuing pay begins at the same time that temporary Workers' Compensation benefits commence and continues until either the member is declared medically permanent/stationary, or until one (1 ) year of continuing pay, whichever comes first provided the employee remains in an active employed status. Continuing pay is automatically terminated on the date an employee is separated from County service by resignation, retirement, layoff, or the employee is no longer employed by the County. In these instances, employees will be paid Workers' Compensation benefits as prescribed by Workers' Compensation laws. All continuing pay will be cleared through the County Administrator's Office, Risk Management Division. C. Full Pay Beyond One Year. If an injured employee remains eligible for temporary disability beyond one (1 ) year, the authorized salary will continue by integrating sick leave and/or vacation accruals With Workers' Compensation benefits. If salary integration is no longer available, Workers' Compensation benefits will be paid directly to the SEW 535 R&F - 82 . 1999-2005 MOU ` � $ ■ � f � ° $ - ° � ■ f ■ ■ ■ ^ - . # e - � , $ $ - ee _ \ $ - e , ■ ` ■ f � e ■ , - e � � e e - $ ■ � .- 2 ■ � � $ - . - e f � ■ � e Mm T f � e e � � ■ � � ■ � e f � - � , ■ e t e . , e . e \ » ■ - _ _ e . , e _ $ . - $ � - - \ � � � e � tee ® ?� _ � ■� � ■ _ � ■ . � f » ® , $ e . « \ � ■ � . \ � - . � � ® � � ^ . ■ e � � < � $ � t ©, ■ � e - � $ e � ■ _ e $ � e - ■ - � , ` .� ° � ® � � _ ■ � :� e � ■ e � � e . �� � e - � �� ■ � $ � ■ ® � ' l . . # � : ` ® ® ' . - _ � ¥ � � � - e . � � \ ■ � $ . $ �e . � - � � e e <` f ^ e � e e l - � ■ - � �® � � � ■ ■ e . e e « . ■ - $ e - e , $ e » f � - e , � � ■ � \ ® � � 2 \ e e � . . , # ■ - � « $ ■ , � e . . _ f _ e ■ � � . . .. . .� „ ■; , , ■ . � � , - , � ® � .■ . . , « � . - � ® , = a - # � � � ' e � fes . * � e � $ � � * � ■ - $ ., ^ - , - � � � � . : , . 3 » ' . �f e ■ . � e � ' � f ■ . . � � , t ' _ - . � � e . e � e � ® - ■ � � . t .................................................... .. SECTION 14- SICK LEAVE 14.E 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: 14.9 General Provisions. The California SDI program provides disability benefits beginning on the eighth (8) calendar day of a qualifying disability unless the employee is hospitalized. Upon hospitalization, benefits can be payable from the first day of the disability. If the disability ,exceeds fourteen (14) calendar days, benefits can be payable from the first day of the disability. The maximum period of state disability payments is up to one (1 ) year. Determination of SDI payments and eligibility to receive payments is at the sole discretion of the State of California. Integration means that employees will be required to use sick leave accruals to supplement the difference between the amount of the SDI payment and the employee's base monthly salary. Integration of sick leave with the SDI benefit is automatic and cannot be waived. Integration applies to all SDI benefits paid. For employees off on SDI, the department will make appropriate integration adjustments, including retroactive adjustments if necessary. Employees must inform their department of hospitalization in a timely manner in SEW 535 R&F - 84 . 1999-2005 MOU x i i r OF .. i i • ! r i r r ' • r • ....................................................... ....................................................... .. SECTION 14- SICK LEAVE 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. 14.11 Method of Integration. Until an employee has a balance of 1 .2 hours of sick leave, the employee's sick leave accrual charges while receiving SDI benefits shall be calculated each month. The amount of sick leave charged each employee will be calculated in the following manner: The percentage of base monthly salary not covered by the SDI benefit will be applied to the daily hours in 'the employee's schedule and that number of sick leave hours will be charged against the employee's sick leave accruals. For purposes of integration with the SDI program, all full time employees' schedules will be converted to 8-hour/5-day weekly work schedules during the period of integration. The formula for full time employees' sick leave integration charges is shown below: SEW 535 R&F - 86 - 1999-2005 MOU . . � .■ � � : a � \ � � � . . ■� . � | : � , � ■ �, _ � $ , � ; � � , � . , , � � » . _- � . . ■ ; _ � ■ � ; , � 4 ^® � _ . ■ � ; - . ; - _ � � ■ ; � - 4 , ■ � - � ; � 2 � ■ ■ � � . � � , - « a� � � ■ ; _ ® � ■ � : � � =y ' . , ■ _, #� � ■ . $ � - �� f f � ■ e f� f ■ � ■ , e . � ■ ■ �. . fs . � � e a . . - $ . - ■ w . - ems ■ � , e t ■ _ . : ■ ■ e • . # < � � � � � m � e � ° . \ _ , � e e . e e f � ■ � » f � * fad . � � ■ f - ■ , � - � _ � , � � ^ « � � $ � . f e e - � � � � e e \ � � - - . . . � f■ � $ � - ` � ■ e � - - ■ � , : $ ■ � ' � ■ ate , \ f e e , . � $ f $ ■ � e e se � � « . , , ^ � , � ■ ' , # � ■ ■ e . - e � ■ e - . . ■ « $ � � � $ < $ � .$ ■ $ ee � ee - - ■ � ■ - # _ � � � � $ _ . e \ � . of . ee � a _ � ■ ■ � - � � . e � >a . � , $ _ . . � � . . ■ » $ . � ■ $ . - � $ ■ - - ® � � � « e ■ - e _ e ■ fa e e . # � e _ § $ 00 » # f e f e ■ \ e _ $ . f $ e * . e - - � ~ $ e , , � � � . $ _ , � $ e2 ■ f � � ee - ■ e - - � e e . ■ ° e ' $ a 2 $ - . \\ � � e. . . . $ ® ® ® » � ■ - � " . � � � ■ # � . SECTION 14- SICK LEAVE 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. 14.14 Disability Insurance Review Committee. The County shall establish a Disability ' Insurance Review Committee consisting of one (1 ) representative from each employee organization and four (4) management representatives to review and recommend to the Director of Human Resources the feasibility of implementing a self- funded and self-administered disability insurance program. 14.15 Employee Annual Health Examination. Employees of the County who work in a Health Services Department facility will annually be required to complete a Health Questionnaire and take a Tuberculosis Skin Test. A chest X-ray will be required if the employee has previously had a positive reaction to a tuberculosis skin test. However, employees will not be required to take X-ray exams in excess of what is required by applicable Federal and State laws. Employees will also be requested to be screened for Rubella immunity. If the result of the Rubella test is negative, the appointing authority or designee will recommend that the employee become immunized. If the employee has direct SEW 535 R&F - 88 . '1999-2005 MOU e , f � e � _ » e f � . - § . e e � � # � . � � $ : , ■ t� � ■ e ® - � e f f e � \' $ � - � � ® � � � » f � � � ■ - � e , ° , � - � ■ - e - - ■ . - $ ' e � � � . $ ■ � � - » �_ � , e e � ° f � - � � � � $ - \ ■ 3e � $ _ � � � \ e - ■ e - f � e � , � � < , . . - e _ $ . e » � � . � � e � # , � - e � ■ » � < � �e e � � - . � e . e � e \e ■ - 2 . e ® �� m ® - m � # ' . . � « ■ e � . � # � e . a $ 2 $ & � . f 2 _ � - e ■ ' � � ■ ° ~ � e � e e . t _ � _ a � f , � $ $ � ■ « ` � - � . ' ■ - » ® . e # - � � , ■ � . � e e - . e # - � . - $ . . . . . e . . ® - f e $ � $ - ■ fe � � - ■ $ � . $ � � , e � ° � ■ . - e - e ■ f ^ � � \e � \ - _ ` � , � � ■ ■ � - - � ee � , � � e f - � e » of � � a e ' � � ■ $ � - ' e � ■ f ■� � . # $ e - � _ . � f fe . e , � e . � <� e f � ■ # � * � \ ° -� � � . e . . $ 2 � � � ■ e t - - � - $ , ■ � - . � ■ � e e � ■ + � ■ ■ ■ - ■. , $ e - ^ _ » e , ■ � � \ � ■ e e ■ � . � � � a $ � , . � e ■ - � - ■ - ; - � _ ' ■ . . - . e ■ $ . , ■ e - _ e e _ e ~ f e e , . . � , t � � � � : ' $ . ■ ' . e ■ � . . � . SECTION 15 - CATASTROPHIC LEAVE BANK 15.2 Operation. A. The plan will be administered under the direction of the Human Resources Director. The Human Resources Department will be responsible for receiving and recording all donations of accruals and for initiating transfer of credits from the Bank to the recipient's sick leave account. Disbursement of accruals will be subject to the approval of a six (6) member committee composed of three (3) members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests for credits and shall make determinations as to the appropriateness of the request. 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. B. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and shall be treated as regular sick leave accruals. C. To receive credits under this plan, an employee must have permanent status, must have exhausted all time off accruals to a level below eight (8) hours SEW 535 R&F - 90 . 1999-2005 MOU • Sao # .. # . • _ • • # • • R IIM n/ ............................................................................ _. ........................................................... ..................................................... . SECTION 15 - LEAVE OF ABSENCE H. No employee will have any entitlement to catastrophic leave benefits. The award of Catastrophic Leave will be at the sole discretion of the committee, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six months. The committee will be entitled to limit benefits in accordance with available contributions and to choose from among eligible applicants, on an anonymous basis, those who will receive benefits, except for hours donated to a specific employee. In the event a donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria, the donating employee may authorize the hours to be donated to the bank or returned to the donor's account. The donating employee will have fourteen (14) calendar days from notification to submit his/her decision regarding the status of their donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank. I. Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. SECTION 16 - LEAVE OF ABSENCE 16.1 Leave without Pay. Any employee who has permanent status may be granted a leave of absence without SEW 535 R&t= - 92 . '1999-2005 MOU SECTION 16- LEAVE OF ABSENCE Y .YYYIIMY �.�.w..Y A YYY�YIY pray 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. 16.2 General Administration - Lewes of Absence. Requests for leave of absence without pay shall be made upon forms prescribed by the Director of Human Resources and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1 . Illness, disability, or serious health condition; 2. pregnancy or pregnancy disability; 3. family care; 4. to take a course of study such as will increase the employee's usefulness on return to the position; v. for other reasons or circumstances acceptable to the appointing authority. B. An employee must request family care leave at least thirty (30) days before the leave is to begin if the need for the leave is foreseeable. If the need is E1U 535 R&F -93 . '1999-2005 MOU ...................................................... .... . . ........................................................ . SECTION 16- LEAVE OF ABSENCE 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. D. Nevertheless, a leave of absence for the employee's serious health condition or for family care shall be granted to an employee who so requests it for up to eighteen (18) weeks in each calendar year period in accordance with Section 18.5 below. E. Whenever an employee who has been granted a leave without pay desires, to return before the expiration of such leave, the employee shall submit a request to the appointing authority in writing at least fifteen (15) days in advance of the proposed return. Early return is subject to prior approval by the appointing authority. The Human Resources Department shall be notified promptly of such return. sEIU 635 R&F - 94 - 1999-2005 MOU < < ■ z . . , . � < , } » � - e � - ._ � f e - , 2 e , # � * � � f e . f ■ � � � , - � � � e � � � � e . f ■ � � � ■ ¥ ■ \ � � . ■ . . _ e � . e� . � � e �� f _ e e e ` e ® . e e � - � ■ ee � � e , � e ^ � $ � , � e e a ' � � ■ � - , - ■ � , f � e ' , � � of . . # - ? ■ � ■ e2 � e ° � � � � ` le � * ■ f \ ■ � , � e ■ of � ■ � $ $ f , ■ ■ � - a � � � � 2 � e e fe � f . ■ � � @ . � , , ■ � » . � . � � � - - � � e \ $ . © � � , - � � ; � f � $ e - f . � e » ° ■ � � � _ � � � , � �� ■ ■ � e a * f e e - � � - - ' ■ - e . - � - � � e � e � . e » . � . . _ e ■ _ � e . ` e - � �@ \ � e � e � - e ® $ � ■ , � � � a # ■ - . . � � � e e � � � � e $ . ' - � ■ - - e e � e ■ 2 � # � e f � � f . � t @ e � ■ � , ® � � � ■ � � � e � ■ � � e ` fe � e e f e � * e � " � ■ f � . , $ ' $ � , . f■ » - » - e � ■ � � � � � f *. � � . . e ■ » - � � � e e � _ e � � t e � ® $ - � � � . ■ e � * � � - ■ e � \ » � . . ' e ee � e e e f e , ■ f f - e ■ � - ? e � t ee . � e f ■ $ e � - . , . . � - $ . - - ■ $ ■ ` ■ � . . \ � . f . » ■ $ ■ � f * e _ ■ e O $ . � e � , ■ a e� , � � e , � ■ f - � « e f � e � � ■ - - $ _ f ■ _ a � � - . e e < . � ■� ® . - © . � - � ■ . © ® - \ - e $ ■ � e � ^ f , - ■ f e � < . � � _ ■ f � � . f � ,� � . _ $ - � � , - � $ � � � ^ � f � � � � � � ■ � @ ® � � - ■ < � � � : � » � � t� . , , § � ■ . i SECTION 16- LEAVE OFABSENCE thereby with reference to salary adjustments or continuation of employment. For purposes .of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has been granted a military leave, may upon return, be required to ' furnish such evidence of performance of military service or of honorable discharge as the Director of Human Resources may deem necessary. 16.5 Family Care Leave or Medical Leave. Upon request to the appointing authority, in each calendar year any employee who has permanent status shall be entitled to at least eighteen (18) weeks (less if so requested by the employee) leave for: a. medical leave of absence for the employee's own serious health condition which makes the employee unable to perform the functions of the employee's position; or b. family care leave of absence without pay for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. SEW 535 R&F - 96 . 1999-20015 MOU ? �■ - � / , � . # , � . \ � � � - e « f � � � ■ � , : . ' e e e � ■ $ � . 2 . . � - e . a . . . � � ® � ® - � � f f _ - ■ Opp - � e ■ � e , $ ' ee : e , _ efa - ' , � - � � e � ■ � � � f ■ e - � ea ■ � ` f � � e � � � � ` � . . � _ . + ■ � & _ � � � ® � � ` ® � � � � � f � f � � _ $ f ■ � # ' � $ - � e # © : . � � ' e � � ® a � � � ■ � ® ■ � � e , - . e � \ . � ■ f � ■ � $ e « m e . - ■ e e ~ e e % \ . . ^ ° , ■ � . , e : � . � $ e ■ ` - f e f � . e - - � � f f � � ® < _ � < e . f � . \ \ � - \ , < � � e � - ■ Je ■ f e e . , ^ e � 'e \ . e ■ . - e e $ � ' , - . �- $ t e . - ■ _ $ , . ■ ° � � e . fes . , _ , ° � � ' ■ f = � , ; � � e f , > � ƒ \ � ' � � . � e - - � ■ , e _ � ■ � ` , � e a ^ - # e � e e � - . $ � � � � � _ � » ` ■ � ' $ . , f , � � _ � � � f ^ @ _ \ f$ ■ � - # � � # ■ $ e � e � �� : m . . � � e . . � e � 2a e � � � « e - ■ � � - ■ ■ e . � � � - - . .e ■ - 2� � ■ - f ° .- � � � ? - � � � e � � e � , � , ` � � � f , e - ■ e . � e ■� � f . ! � , - ■ f ■ « , ■ � e � $ ■ � � e f f ^ ' ee . < f < , ■ 2 � - \. e . . , ' ■ _ e e ® e4w 4pe e _ #: � . ■ - . � - e � � $ # � � f ■ f � � e ` � f e _ \ � ■ ® $ e ■ e � , , ■ $ e � - e e ■ � - � � e � e \ ■ . - ■ lZ , eev - _ , _ ■ _ ■ $ . . � - � � • • � ! , , . e SECTION 16- LEAVE OF ABSENCE 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 warrants the participation of a family member to provide care during a period of treatment or supervision and involves either inpatient care in a hospital, hospice or residential health care facility or continuing treatment or continuing supervision by a health care provider (e.g. physician or surgeon) as defined by state and federal law. f. Certification for Family Care Leave: A written communication to the employer from a health care provider of a person for whose care the leave is SEW 535 R+&F -98 . 1999-2005 MOU SECTION 16- LEAVE OF ABSENCE 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 Medical Leave. A written communication from a health care provider of an employee with a serious health condition or illness to the employer, which need not identify the serious health condition involved, but shall contain: 1 . the date, if known, on which the serious health condition commenced; SEW 5351 &F -99 - 1999-2005 MOU SECTION 16- LEAVE OF ABSENCE 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employee's job; 4. if for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule and its expected duration. h. Comparable Positions: A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave. Ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co-workers, supervisor(s), or other staffing may have changed during an employee's leave. 16.10 Pregnancy 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. 16.11 Group Health Plan Coverage. Employees who were members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the County contribution by SEW 535 R&F - 100 - 1999-2005 MOU a : � ■ ; . ■ � # � � .? � , � , � e f - � ■ e � . ■ � . � � ` . � , e ' » e � e _ ■ $ � e f # f e � $ � � � _ �� - � - � � - f § ■ ■ . � e ■ � f � � - . ■ . � . 2# \ � 2 � ■ � e e e � � $ _ $ - � ■ - - � � � � . . . _ . � - ■ _ . _ , e ® e - e � � � _ � e , 2 _ � \ � # � t � � ■ � ` - e � , ■ � _ ■ _ � , � » $ _ , $ � _ $ $ _ � < _ � � $ - 4 e e» . � - 2 � e e � � . ■ � ■ � ■ e � , . � . e $ . e � t � $ � e f � , e � � ` f � � ■ a ■ _ e e - $ � e ■ � $ « , e � @ � ■ ® . L ! & - � _ � a & $ . � f ■� � � ■ � ° f ' � � ® \ e � $ � e ■ ■ � , . - � - e _ e; - f e ■� � , t e ■ ` � lw ¥ f . . �e � � ■ � - - . ' » � ® � � � � ■ - - - * � � ^ - � - . $ - � - $ ® $ lw e ■ � � 2�� a \ - ■ ■ ■ 2 , � � a - eow #. : ® ■ . e of ■ � ■ f . ■ < � e ° f � . _ $ � : � . ¥ » - e #. , � � e � e $ - . : . ■ ? f ■ - � - e , § , � � � e of t■ f � � ' ■ � ` $ � - ■ e $ � f � - � ■ � ■ � , e � $ ? � . » . � - , f ^ * ■ � , e � f � . ■ � . & ' ■ _ ■ . e � # e ■ � e � ! �. � , � ! ! ! . , , : ■ � SECTION 16- LEAVE OF ABSENCE 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) week entitlement period of a medical leave specified above. If an eligible employee continues beyond the eighteen (18) weeks entitlement period on a concurrent leave of absence/LTD claim, the employee may choose to maintain further pay status only as allowed under subsection A. herein. D. Sick leave accruals may not be used during any leave of absence, except as allowed under Section 14.3 - Policies Governing the Use of Paid Sick Leave. T SEW 535 R&F - 102 - 1999-2005 MOU ,. • ! • ` ♦ i A • • i i i i "` Ali . i r t i i O ! I I � ✓ SECTION 16 - LEAVE OF ABSENCE seven hundred twenty (720) hours, including use of accruals, of intermittent or reduced schedule leave. At the time the original leave is approved, the appointing authority shall notify the employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee on a schedule other than 5/40 shall have the time frame for reinstatement to the same or comparable position adjusted on a pro rata basis. 16.16 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year shall be reviewed on the anniversary date. Employees on military 'leave shall receive salary increments that may accrue to them during the period of military leave. 16.17 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or cancelled by the appointing authority, or at the expiration of a leave shall be without pay. Such absence may also be grounds for disciplinary action. 16.18 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall remain in effect. 16.19 Time off to Vote. Employees represented by the Union who do not have sufficient time outside of working SEW 535 R&F - 104 - 1999-2005 MOU � ■ � � , . � � : ■ . . . . , e , , f # - e ■ e e f . . : » ■ - � � $ e . � f e ■ f OF . ■ . . . $ ■ < e ■ _ ® e ^ ■ e ® ■ e � � � - e � e � � $ � - ■ e � � . f e . , � � e � # � � 2 - e � e - f $ � \ . ■ � : � » , � # � - ■ # � ■ � � � f e $ � � � � � ` . � ■ of ■ _ � � * � ^ � IV � ■ a � � � ■ . � � f � e ■ ' - � e ■ � e e - � ` _ � � $ ■ � ® - � . � , � _ $ . : � t � � � � e � - _ � f e - e � f e t ^ e ■ - J $ $ f - ■ + - . e . � ® � e e f - , e 2 �e ■ � e � e - ��® e . , � ■ � � ® $ ■ . � � � ■ e f � \ \ $ . � � ■ . � ■ 2 � ■ < . � � . . . ■ . e e e ■ - � e . . � � $ ® � < � _ ■ � ■ - � ^ � f ■ » � � � � . . f $ e �� � � e ■ ■ , f� ■ - e e � $ 2 .■ . �� # � - � � , � - - e � � � e �■ ■ ° � � ■ - � � ^� ■ � � . $ e � $ f � � � ■ ■ . f - . � � _ e . § f f � ef $ � \ 2 , � e ■ � � � � ■ s? < � f � ' ■ fe ■ � $ e � � ■ � a . . SECTION 97- JURY DUTY AND WITNESS DUTY If summoned for jury duty in a Municipal, Superior, or Federal Court, or a Coroners jury, employees may remain in their regular County pay status, or they may take paid leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses paid to them. When an employee is summoned for jury duty selection or is selected as a juror in a Municipal, Superior or Federal Court, employees may remain in a regular pay status if they waive all fees (other than mileage), regardless of shift assignment and the following shall apply: a. If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where it will be retained as a department record. No "Absence/Overtime Record" is required. b. An employee who elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. No court certificate is required but an "Absence/Overtime Record" must be submitted to the department payroll clerk. Employees are not permitted to. engage in any employment regardless of shift assignment or occupation before or after SEW 535 R&F - 106 - 1999-2005 MOU > w . . - ■ , ■l litt:14*461 #1 « e � . . � ` � f _ � � e . $ _ ^ - . � > , ■ . �e e $ ef � & $ @ . - ■ ■ � � e � � ae # - @e ^ ■ .■ � e � - ■ $ $ . f � � � e � $ « f � $ $ � � � � ■ $. » e � e ■ - » » ® � ® - t - a lw e # � � � � � ee � � �- e \ f ■ $ � t e � e © . . e . ^ � � e . � . � � f � ■ e - � \ e � . � � $ f ■ e of . _ » . � _ � ® - « « - f - ■ f � . , $� f . � - � � . w � . . � ® � $ e � � $ a � ■ - � � a � , _ � � � �$ � $ ■ _ $ � - � � ■ ■ - 2e ■ e , � e ` _ ■ ■ e eIV . � � ■ - e e ■ � > . . . # . a. .# $ � f . , �e ■ ■ � , � � � � - . $ - ■ ® - e e f ■ $ ■ * ■ < e o f ■ � ® - - . . - %e , ■ � � 2 � _ � . � � . � � ® ` � � � e _ ^- ` � , $ � e � ` - � ■ . e # � � � � ■ � f � � , � f _ ■ T � � » � t � e e ® § e � _ ® - e � : . ■ - . : . \ , ■ _ f » $ \ . : y . - � � ■ ! ! ! : , ■ . e SECTION 18- HEALTH AND WELFARE, LIFE& DENTAL CARE 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 17.1 of this MOU. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Permanent intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. SECTION 18 - HEALTH AND WELFARE, _LIFE &_DENTAL CARE 18.1 County Programs. The County will continue to offer existing County Group Benefit Programs of medical, dental and life insurance coverage through December 31 , 1999 to all permanent employees regularly scheduled to work twenty (20) or more hours per week. Effective January 11 2000, the County will offer Group Benefit Programs for medical, dental and life insurance coverage to all permanent employees regularly scheduled to work twenty (20) hours or more per week as described in the September 30, 1999 agreement (Exhibit C) between the County and the Labor Coalition. However, if a provider discontinues service to the County, the County shall immediately, upon knowledge of this potential, meet and confer regarding a replacement. 18.2 Rate Information. The County Benefits Division will make health and dental plan rate information available upon SEW 535 R&F - 108 - 1999-2005 MOU . , . _ � , � , �■ � � . - . 2 ■ � � � � � - � f ■ - < e fee � f , e efe � � f � < � e $ # ` # & ® $ < e � ■ � � e e � ■ � �e ` � $ # � ` < � � ■ ■ fe _ � � � ■ � _ # _ $ e . _ � ® . � $ f � � : � � � e ° e e � . ` � - � ; � - # � _ - 7 ' ^ ■ f $ e e e � � t ■ � , m - - ■ - # # ® f � � # . ' - e $ � ; � . \ � e � _ � # e � $ � e ■ � f ' � � � ■ � � - ■ � � � e . » � � e \ � � . $ e � ` f $ e ` $ e � e � ` $ , $ � ® ® ■ � � � - ■ � f e � � � � � $ ` ■ � � a � - . 2 . ® ® � . e � e - t� e f f e � . # « �- � , e $ - e � ® ' � 2 e - ° � � � � $ � ■ < f e � _ ' $ � ■ f � e $ \ � - � e ■ f $ ` e % . � � # � - « ■� e � �- � . - ■ » � e . e , . � e � . ■ . . . � _ � t e . , ' � ' . . . . . ± ■ ■ e _ < f � e _ � � ~ � � ■ � e f f ■ f � ■ : � � e e � - , � $ � . e � � e � . . . . .$ : � f e � � e � ® # . , � ■ � ■ � � � � � ■ e �� , ■ ■ � e � e � � . � � � . f e m ■ e e � � f 2e � # � $ , � � ■ � - ■ \ � . . ® � � � � f ■ � �� . � . . ® . . ® ■ e � ■ . _ � f � . � $ - < � . ® � ® . � - � ® f ' . . � | � � � � _ »� , � � ae . © ? e e . ■ � # \ � f ■ � e � ■ � � ■ � e . . e . - e e f � ■ _ e . � � � � f e e � � � « � e _ ■ � � ■ a e - e - . . � $ � � � $ e � � � � � e e - � � � � � � , $ ® � � � $ e - . � � : � , � f � e f e f - � - ■ � .® . . ■ � ® � �^e a � � � � ■ � � & $ ■ e � ■ � � � fee � e $ ■ � . � f . f� � � _ , $ $ �_ � � � e � � ` � ^ e � - ■ f � ` - � ■ ■ " � ~ � ■ - $ ■ ■ $ f ■ ^ ■ � t f , e » � f � ■ ■ - - . . . # . f f a e . - � , $ - e ^ � . e � ° ` � . ® � ® � - � © ® ¥ � � . ©» - ; � , � . ! ! ! . , , . � ■ SECTION 18 r HEALTH AND WELFARE, LIFE & DENTAL CARE 18.5 Coverage During Absences. An employee on approved leave of absence 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 of available) or continuing group coverage subject to the provisions of the Consolidated Omnibus Budget Reduction Act (COBRA) provided the employee pays the entire cost of coverage, plus any administrative fees, for the option selected. The entire cost of coverage shall be paid at a time and place specified by the County. Late payment may result in cancellation of health plan coverage with no reinstatement allowed. An employee who terminates County employment may convert to individual health plan coverage, if available, or may continue County group health plan coverage - to the extent provided under COBRA by making premium payments to the County at a time and place specified by the County. 18.8 Retirement Coverage. Upon retirement, employees may remain in the same County group medical plan if immediately before their retirement they are either active subscribers to one of the County Health Plans or if on authorized leave of absence without pay they have retained their membership by either continuing to pay their monthly premium to the County by the deadlines established by the SEW 535 R&F - 110 - 1999-2005 MOU .......... ,.. SECTION 18 -HEALTH AND WELFARE, LIFE&'DENTAL CARE County or converting to individual conversion membership from the County plan through the medical plan carrier, if available. 18.7 Deferred Retirement. Effective January 1 , 19971 employees who resign and file for a deferred retirement may continue in their County group health and dental plan; the fallowing conditions and limitations apply: a'. Life insurance coverage is not included. b. To be eligible to continue health and dental coverage, the employee must: 1 . be qualified for a deferred retirement under the 1937 Retirement Act provisions. 2. be an active member of a County group health and/or dental plan at the time of ding 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 (30) days before their separation from county service. SEIU 536 R&F - 111 - 1999-2085 MOU SECTION 18 - HEALTH AND WELFARE, LIFE & DENTAL CARE 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 11th of each month to the Auditor- Controller. When they begin to receive retirement benefits, they will qualify for the same health and/or dental plan coverage and county subvention to which retirees who did not defer retirement are entitled. d. Deferred retirees who elect continued health benefits hereunder may elect not to maintain participation in their county health and/or dental plan during their deferred retirement period; and may instead qualify for the same coverage and county subvention in any County health and/or dental plan when they begin to receive retirement benefits as retirees who did not defer retirement are entitled; provided reinstatement to a County group health and/or dental plan with county subvention occurs no sooner than the first of the month following a full three (3) calendar month waiting period after the commencement of their monthly allowance. e. Eligibility for County subvention will not exist hereunder unless and until the member draws a monthly retirement allowance within not more than SEIU 535 R&F - 112 - 1999-2005 Mou • • • ! • • M IXF ! ! ! � r r ! ! .w ! ! r ! 1 IM411114- r-11 miss or-111041 al ! ! •• • • ! ! ! ! ! SECTION 18- HEALTH AND WELFARE, LIFE& DENTAL CARE Section 125. Any unused balance cannot be recovered by the employee. 18.10 Wellness Incentive Pro-gram. 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. A. 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 participating in their established wellness activities. Special emphasis will be placed on supporting major programs such as Smoking Cessation, Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings, and Health Fairs. B. 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 SEIU 535 R&F - 114 - 1999-2005 MOU < . , . _ . . . . - z ■ 442 - - � . � ■ - � � � e - � e ° ■ ■ � . _ ■ � $ e t � e ■ � � . 2 <- � ee . e � � , �� a �� $ � � � � � $ ■ � - -. , . . e ■ ' # � f �� . ■ � f - : f e � � ® . , # � - - $ .� . . � . - � � - � . e � e - , � ■ . ; � ` ■ _ ' � - \ e ^ � . e . � � e ■ e - . $ . ® ■ $ � $ ■ $ � � � e , ' �, : . f � . . , � e f � � $ . > � e � � $ � , � � f . , ■ ? � ■ � � ® � ® � . ■ - �� ea - ' ¥ ■ � : �- � ■ ■ � � ■ f ■ � f � %$ ■ . . � - \ ■ � e ' � ■ . - ■ ?� `e . � # . - @ , � ■ ■ ; ' - � � , £ � � � \4 ; � f � . e � � e � a ■ e � # ■ f e : _ ■ � - � � e � ■ � � _ ■ � e # � . \ . ■ � - f � e . � f � . � ■ � ■ f � e ■ J t ? e _ f � ■ $ � e � \ � ■ a . � _ ® � $ _ � � > � � � � ! • ! � , : < � e . SECTION 19- PROBATIONARY PERIOD The County further agrees that County employees interested in purchasing PERS Long Term Care may participate in meetings scheduled by PERS Long Term Care on County facilities during non-work hours (i.e. coffee breaks, lunch hour). SECTION 19 - PROBATIONARY PERIOD 19.1 Duration. All appointments from officially promulgated employment lists for original entrance and promotion shall be subject to a probationary period. For original entrance appointments, the probationary period shall be from nine (9) months to two (2) years duration. For promotional appointments, the probation period shall be from six (6) months to two (2) years duration. 19.2 Classes With Probation Periods Over Six/ Nine Months. Listed below are those classes represented by the Union which have probation periods in excess of nine (9) months for original entrance appointments and six (6) months for promotional appointments: None. 19.3 Revised Probationary Period. When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 19.4 Criteria. The probationary period shall commence from the date of appointment. It shall not include time served in provisional or temporary appointments or any period of SEW 535 R&F - 116 - 1999-2005 MOU � < , 1 . , : , = , � , . . - � - . - � ■ e e e , $ _ ■ f � � � f � � �� e � $ .f - � r, � � e � � � «. ' , ° � ■ � » � a f � � ® e ■ � e ± e e . � $ � e � - - � # � . � � � aee �?� e ■ ■ � . . , - � � ® � . . e ■ . $ . _ . f ® � e � e « e , e ■ - e $ . $ « e , � e � � e ® $ � � a : - � � ■ � e � ' e ■ e 2� . a , . . � . . � - e 2e $ $ e . � _ f � eee � � � . . - ■ - $ - ,� » � e � # e e � .� . _ � f f � � f e � � « � � e . f e - ■ a � � $ ■� * $ ■ , ■ . � , ■ f � � ' � � f � - � e e ■ » � ■ _ � � � � ■ ± � � f � � � � - ■ � ■ � . � � . : � � e . e , e # � # # _ # . e � e - � e � f \ f e ■ w � e � < � e - ■ � ■ � , - e ■ � f e � � $ e � - � ■ � e .��� . ` .. . - � �.� ` e � � e - � $ � � - . - » - � a ■ , ' „ _ . � � - # e �f - 7 # � � � � f $ e $ � � ■ ■ ■ � $ # f e � � e - « a e # � _ � $ e f � � � � � ■ � e ^ _ � � � e $� $ , $ - #e . $ ^ - $ � � . f � © �e � � � ■ ■ ■ � ' ■ . & � $ $ � � � �$ � � - � � a < ■ � . � y_ ■ e , e \' . $ � e � e � e � . < - ^ e � � � � e � . � . ■ � ee� � �# � � ~ � � » . � - ■ � e � � e� � # _ � f � e ■ ■ � f � � � _ e � of e $ # _ \ f # $ � ■ ■ � � a � e ■ . � � , # � @ ■ � � ■ e � � . � � < . a �_ < � . �# ■ , � e _ ■ ■ § t � e � e ` � e . $ f » . » $ � � � $ & ' � $ $ � � � e2 � J � ■ � ^ ® \ ' ■ ■ � ' . . # ■ � - f _ ■ \ � e � . ¥ e �e e � , ■ �� % § e � � . � d - e � e ■ . � e ° ■ � ■ ■ � � 2 . � � e �� \ : � ■ � f § ■ a � e � ° . ■ - � e ■ . e - ■ - a � $ � � ® - ,■ � �3 » e � - . � ° � e� e e . � � � < . � . , � . . , , : e ............................................................. .. ........... ........................................................ SECTION 19 PROBATIONARY PERIOD 5.00 p.m. on the seventh {7th} calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may have been based on grounds prohibited in Subsection A, it may refer the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If, after hearing, the Merit Board upholds the appeal, it shall direct that the appellant be reinstated in the position and the appellant shall begin a new probationary period unless the Merit Board specifically reinstates the former period. 19.6 Regular Appointment. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the director of Human resources 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 SEIU 535 R&F - 118 - 1999-2005 MOU ::..., # • i fl44t t lw or ........................................ SECTION 19- PROBATIONARY PERIOD Resources shall not certify the name of a person restored to the eligible list to the same appointing authority by whom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 19.7 Layoff During Probation. An employee who is laid off during probation, if reemployed in the same class by the same department, shall be required to complete only the balance of the required probation. If reemployed in another department or in another classification, the employee shall serve a full probationary period. An employee appointed to a permanent position from a layoff or reemployment list is subject to a probation period if the position is in a department other than the department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment. list is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 19.8 Resection During Probation of Layoff Employee. An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within the period of layoff eligibility. The employee shall begin a new probation period if subsequently certified and appointed in a different SEW 535 R&F - 120 - 1999-2005 MOU SECTION 20- PROMOTION department or classification than that from which the employee was laid oft. SECTION 20 - PROMOTION 20.1 ComRotitive Exam. Promotion shall he by competitive examination unless otherwise provided in this NICU. 20.2 Promotion Policy. The Director of Human Resources, -upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 20.3 Open Exam. if an examination for one of the classes represented by the Union is proposed to be announced on an open only basis, the Director of Human Resources 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, 20.4 Promotion via Reclassification Without Examination. Notwithstanding other provisions of this Section, an . employee may be promoted from one classification to a higher classification and his/her position reclassified at the request of the appointing authority and under the following conditions: a. An evaluation of the position{s} in question must show that the duties and responsibilities have ;SEW 535 R&F - 121 - 1999-2005 MOU SECTION 20 - PROMOTION significantly increased and constitute a higher level of work. b. The incumbent of the position must have performed at the higher level for one (1 ) year. C. The incumbent must meet the minimum education and experience requirements for the higher class. d. The action must have approval of the Human Resources Director. e. The Union approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 20.5 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. If an employee who is qualified on a promotional employment list is separated from the merit system, except by layoff, the employee's name shall be removed from the promotional list. 20.5 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of seventy percent SEW 535 R&F - 122 - 1999-2005 MOU . .. .. ■ - • . .. . - . $ ` . ■ ° ■ - � � � f - - _ e $ � e e _ $ : \ � e \. � e - . � ■ � ® e � ■ ® ` f * � . f $ �, ® �_ � . e � e ` . - ■ ■ � \ e - . - � � , « f � _ - # � ee , # . e . ■ f - a � $ ® e _ e ■ �\ e e . � � e � � _ � e � $ � e e # ; � $ � ` � e . � ■ � _ �� � $ � $ f f � � f ■ . . � $ - ` ■ , f � � � , ■ - . a � ° ■ . < . � � � � � e � � ' e e � ■ $ � _ � . » $ � $ ® $ f � f � , a ■ » 2 e or i ' ■ � , � , � � � � . . " . . � �. - ® - @ - � � fe � � � e � e - � . e � � ^a � ■ # e $ � � - � e e � , an e , e � f ee ° � ■ � $ # � � 2e . � � - � � � . . ® - #� . . _ . , � ¥ � , - . � f , � e e 2 _ � � � � $ . m e ■ f . e � ` � � $ - $ . � ; � $ # - - . - a . . $ � . � ` $ e � a ■ » wee ■ � � � - � ° � \ � � t - e � . .■ � - . � e - e � eer � ■ . � ■ # - � e e � ■ � | | � � � . - � � � � , ° e . - � . ■ e �� � � � e - � ' - e � � 'e , � � , e � ' e ■ e ■ , -� � _ ■ � ■ � � ' : \ ` e - - , � ' < e e e .e . e ■ » _ f � , � � � � . , , . , ■ � . e . SECTION 21 - TRANSFER a. The position shall be in the same class, or if in a different class shall have been determined by the Director of Human Resources to be appropriate for transfer on the basis of minimum qualifications and qualifying procedure; b. the employee shall have permanent status in the merit system and shall be in good standing; C. the appointing authority or authorities involved in the transaction shall have indicated their agreement in writing; d. the employee concerned shall have indicated agreement to the change in writing; e. the Director of . Human Resources shall have approved the change. Notwithstanding the foregoing, transfer may also be accomplished through the regular appointment procedure provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. 21 .2 Transfer Without Examination. With the approval of the appropriate appointing authority/authorities and the consent of the employee, the Director of Human Resources may transfer an employee from one job classification to another job classification without examination under the following conditions: SEW 535 R&F - 124 - 1999-2005 MOU ■ . - .N&I - _ + e . � ® � , � $ - « ■ e : e � f . e \ - ee � . e # - e . ■ e _ f e e f ` . . ■ . , ® $ \ � ■ ` f � � # - < ee ■ � 2 � � � ' � ■ e � « ■ � - - e ■ f - . ee \ . f : . - � $ . � < . . ■ ° � ■ � � $ e � � � » ■ ■ � � � � \ , � - - $ e � f � . � f \ � e e ■ � ■ � e - e e . - � � a ■ � � $ � e ` , � �` - e e » ® � e e ` f � - 2e $ . � � � ' e ■ e , $ � � . $ � ee e � � e - ■ � e � e ^ - ■ # ■ , ■ � , � � � ' e@ � e ■ . ' � � � ■ e � . f � � ■ � � � � _ � 3 � � ® � e . � � . � - e e � 2� � ■ - e ■ _ $ $ � e \ � f _ ©. \ . � � ■ . � - efe , . - . e � - ® $ ■ - f � � � , . � �f e � � � � , . � , � � � f e $ � - � $ , e e ■ � e � . e � : � « $ - : ' . e , � � � � � � � � e � f ■ �- � .e � ■ � � , , . $ � � - _ $ - _ � - � � $ � � � � , � ■ � . $ � � � � � - $ ? - � . e ® ` , � f � f . � e _ ` , ■ f ■ , . f � e � � � � m , » f # � e - $ ■ ■ e $� - # � - - . � - � $ ` - e , : e ® e � e � � - » e ■ # � e � � e � e � � e \ � � , � . .. � . .� „ �. ■ SECTION 22 - RESIGNATIONS concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. SECTION 22 - RESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. oral resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the Human Resources Department and shall indicate the effective date of termination. 22.1 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, up to four (4) weeks, for a specific reason, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 22.2 Constructive Resignation. A constructive resignation occurs and is effective when: a. An employee has been absent from duty for five (5) consecutive working days without leave; and b. five (5) more consecutive working days have elapsed without response by the employee after the SEW 535 R&F - 126 - 1999-2005 MOO SECTION 22- RESIGNATIONS mailing of a notice of resignation by the appointing authority to the employee at the employee's last known address. 22.3 ,Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative either on that date or another date specified. 22.4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority, except that an oral resignation rescinded in writing by the end of the workday following the oral resignation will be accepted by the appointing authority. 22.5 Coerced, Res1anations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice on the Director of Human Resources and a copy on the appointing authority. B. reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, it shall be revoked and the employee returned to duty effective on the day following the appointing authority's acknowledgment without loss of seniority or pay. ISEW 536 R&F - 127 - 1999.2005 MOU SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Director of Human Resources waiving the employee's right of appeal to the Merit Board in favor of the employee's appeal rights under the grievance procedure contained in Section 24 -- Grievance Procedure of the MOU beginning with Step C. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION 23.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend or demote any employee for cause. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal, suspension or demotion may be based on reasons other than those specifically mentioned: SEW 535 R&F - 128 - 1999-2005 MOU t SECTION"- DISMISSAL, SUSPENSION & DEMOTION a. absence without leave, b. conviction of any criminal act involving moral turpitude, C. conduct tending to bring the merit system into disrepute, d. disorderly conduct, e. incompetence or inefficiency, f. insubordination, g, being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises, h. neglect of duty, i.e. non-performance of assigned responsibilities L negligent or willful damage to publiq property or waste of public supplies or equipment, j. violation of any lawful or reasonable regulation or order given by a supervisor or Department bead, k. willful violation of any of the provisions of the merit system ordinance or Personnel Management Regulations, SEW 535 R&F - 129 - 1999-2005 MOU SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION I. material and intentional misrepresentation or concealment of any fact in connection with obtaining employment, M. misappropriation of County funds or property, n. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this MOU, o. dishonesty or theft, P. excessive or unexcused absenteeism and/or tardiness. q. sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. 23.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before taking a disciplinary action to dismiss, suspend for more than five (5) work days, or demote an employee, the appointing authority shall cause to be served, either personally or by certified mail, on the SEW 535 R&F - 130 - 1999-2005 MOU SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION employee, a Notice of Proposed Action, which shall contain the following: a. A statement of the action proposed to be taken. b. A copy of the charges; including the acts or omissions and grounds upon which the action is based. C. If it is claimed that the employee has violated a rule or regulation of the County, department or district, a copy of said rule shall be included with the notice. d. A statement that the employee may review and request copies of materials upon which the proposed action is based. e. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. Employee Re rise. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good causer the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or any extension, the right to respond is lost. 23.3 LeavePending Employee Response. Pending response to a Notice of Proposed Action within the first SEW 536 R&F - 131 - 1999-2005 MOU SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION seven (7) days, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 23.4 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days unless ordered by an arbitrator, an adjustment board or the Merit Board. 23.5 Procedure on Dismissal, Suspension or Disciplinary Demotion. A. In any disciplinary action to dismiss, suspend, or demote an employee having permanent status in a position in the merit system, after having complied with the Provisions of Section 23.2, where applicable, the appointing authority shall make an order in writing stating specifically the causes for the action. B. Service of Order. Said order of dismissal, suspension, or- demotion shall be filed with the Director of Human Resources, showing by whom and the date a copy was served upon the employee to be dismissed, suspended or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon personal service or deposit in the U. S. Postal Service. C. Employee Appeals From Order. The employee may appeal an order of dismissal, suspension or SEW 535 R&F - 132 - 1999-2005 MOU • • . i i • i '" i .r i i i i i • i '" • "` i i .. i i . i . SECTION 24 - GRIEVANCE PROCEDURE a. Step 1 . Any employee or group of employees who believe that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the grievant's immediate supervisor, who shall meet with the grievant within five (5) days of receipt of a written request to hold such meeting. If the issue is not resolved, the procedures hereinafter may be invoked. b. Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may submit the grievance in writing within ten (10) work days to such management official as the Department Head may designate. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied how misapplication or misinterpretation has affected the grievant to the grievant's detriment, and the redress the grievant seeks. A copy of each written communication on a grievance shall be filed with the Director of Human Resources. The Department Head or his or her designee shall have ten (10) work days in which to respond to the grievance in writing. C. Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the grievant may appeal in writing within ten (10) work days to the Human Resources Director. The Human Resources Director or his or her designee shall have twenty (20) work days in which to investigate the merit of the complaint and SEW 535 R&F - 134 - 1999-2005 MOU � - � � . , - ; . ; � ' - � . ■ . . . . . . . . . . . . . . . . . . . . ■ � - * � � � ■ f ■ - � ` � . : � ■ � ■ " ■ t - . ■ $ \ ' $ ® e e - �_ � <f � � � $ � ■ e . f � � ' e � ef � � f $ � t$ � , § # � ■ , � f � . fe wee � , e - dee \ � � ` � f � � � � � ? $ . . � ■ - \ e � e , . < , e , . ■ e �� � � � � � $ $ � : � .- e e � e . � ` � - ■ Amb � � � @ � . : - , e - . � � f ■ ■ � ■ � � e � � � � a � � e . ■ ■ � ■ ■ � � » - . # f e ' . ' ` ,� f � # e ' . _ � e ■ . e . � e ' - � � � - $ e � � ■ - a ■ # , . , ■ $ _ _ \ � � _ � - f ® $ �- � - � , - � e� \ f � e � ■ e - . , . e $ e � � � $ ' - 2 � ' ■ $ ' - # � - . ■ . � e � _ � f e - � e � - \ . , � ■� , � $ � \_ ■ - � e ■ � � * $ � ■ � - . - � . � f . e � � � - f e . e , � e � � f � . & $ » e � ■ ` ■ � ■� � . t e e � � e . . e f ■ � - \ - � _ - \ � � e ■ \ e � . f $ e � e � e � - � ■\ e ® � � - # . ® ^ � ■ - ■ - � e ` 7 � e . � e � ~ � SECTION 24 - GRIEVANCE PROCEDURE grievance will move to arbitration upon demand. This step of the grievance procedure may be waived by the written mutual agreement of the parties. e. Step. 5. If an Adjustment Board is unable to arrive at a majority decision, either the grievant or the County may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the grievant and the Human Resources Director. Such request shall be submitted within twenty (20) work days of the rendering of the Adjustment Board decision. Within twenty (20) work days of the request for arbitration the parties shall mutually select an arbitrator who shall render a decision within thirty (30) work days from the date of final submission of the grievance including receipt of the court reporter's transcript and post-hearing briefs, if any. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the grievant and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post-hearing briefs, if any. 24.2 ,Scope of Adjustment Board and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and SEW 535 R&F - 136 - 1999-2005 MOU k SECTION 24 - GRIEVANCE PROCEDURE binding on the partes hereto, to the extent permitted by law. B. No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Anion which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in Subsection 24.1 above. D. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MCU or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. if the Human Resources Director in pursuance of the procedures outlined in Subsection 24.1 .0 above, or the Adjustment Board in pursuance of the provisions of Subsection 24.1 .13 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. SEED 535 R&F - 137 - 1999-2005 MOU SECTION 24 - GRIEVANCE PROCEDURE E. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Union or Association. 24.3 Time Limits. The time limits specified above may be waived by mutual agreement of the parties to the grievance. If the County fails to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If a grievant fails to meet the time limits specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and withdrawn. 24.4 Compensation Complaints. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Human Resources Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, if not detailed in the MOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than two (2) years from the date upon which the complaint was filed. No change in this MOU or interpretations thereof {except interpretations resulting from Adjustment Board or arbitration SEW 535 R&F - 138 - 1999-2005 MOU # r # # # # - r # # # # • � # # ! r ! k SECTION 25- BILINGUAL PROVISIONS Merit Board, or if the complaint or grievance is pending before the Merit Board. 24.7 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this MOU. 24.8 Union Notification. An official with whom a formal grievance is filed by a grievant who is included in a unit represented by the Union in the grievance, shall give the Union a copy of the grievance. SECTION 25 - BILINGUAL PROVISIONS 25.1 Salary Differential. A salary differential of seventy dollars ($70) per month shall be paid incumbents of positions requiring bilingual proficiency as designated by the appointing authority and Director of Human Resources, or in the Department of Employment & Human Services, to those who translate in accordance with the designated criteria of one (1 ) day per week or twenty percent (20%) of the time or whose caseloads are twenty-five percent (25%) or more non- English speaking. Said differential shall be prorated for employees working less than full time and/or who are on an unpaid leave of absence for a portion of any given month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. SEW 535 R&F - 140 - 1999-2005 MOU 1R fk ! ♦ w r ! # r r ! w # # # SECTION 25'- RETIREMENT CONTRIBUTION 26.2 Tier 111 Retirement Pian. Subject to the enactment of enabling legislation amending the 1937 Employees' Retirement Act to allow such election, the County will permit certain Tier 11 employees to elect a Tier III Retirement Plan under the following conditions; 1 . The County and the Labor Coalition must agree on the wording of the legislation and both parties must support the legislation. 2. Except for disability, all benefit rights, eligibility for and amounts of all other benefit entitlements for Tier 111, from and after the date of implementation, shall be the same as Tier 1. The disability benefits for Tier III shall be the same as the current Tier 11 disability provisions. 3. The amount of the employee's required retirement contribution shall be established by the County Employees' Retirement Association and shall be based on the employee's age at entry into the retirement system. 4. Employees represented by the Labor Coalition and its member employee organizations (herein referred to as Labor Coalition), enrolled in Tier 11 who have attained five (5) years of retirement credited service as of the effective date of the enabling legislation shall have a six (5) month period after such date to make a one time irrevocable election of the Tier 111 Retirement Plan SEW 535 R&F - 142 - 1999-2005 MOU SECTION 26 - RETIREMENT CONTRIBUTION expressed herein subject to action by the Beard of Supervisors to implement the Plan. Thereafter, employees represented by the Labor Coalition enrolled in Tier II who have attained five (5) years of retirement credited service shall have a ninety (90) day period to make a one time irrevocable election of the Tier III Retirement Plan expressed herein. 5 a. The County's employer contributions and subvention of employee contributions for Labor Coalition employees electing Tier III which exceed those which would be required for Tier lI membership shall: 1 . be funded by reducing the general wage increase agreed upon to be effective October 1 , 1997, and the pay equity amounts attributable thereto, by a percentage sufficient to reduce the County's wage obligation by three ($3) million dollars per year; and the general wage increase of all employees represented by the Labor Coalition shall be reduced accordingly; and 2. in the event the County's costs attributable to the creation and operation of Tier III exceed $3 million per year or the County Employees' Retirement Association's actuaries determine in future years that the County's retirement SEW 536 R&F - 143 - 1999-2005 MOU SECTION 25- RETIREMENT CONTRIBUTION costs have increased and that the increase is attributable to the creation of Tier III and/or the impact of Tier II I 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, 3. in the event the County's costs attributable to the Tier III Retirement Plan are less than $3 million per year, the difference shall be divided by twelve and each twelfth shall be augmented by an amount equal to the County's common pooled fund interest which would have accrued if one twelfth had been invested in the first month of the past year, two twelfths in the second month of the past year and so forth; and, 4. any savings to the County resulting from the creation and operation of Tier III shall be used to offset future County retirement cost increases attributable to the creation and operation of Tier III; and SEW 535 R&F . 144 - 1999-2005 MOU SECTION 26- RETIREMENT CONTRIBUTION b. County savings sell 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 111 Retirement Plan, and d) the ending account balance. b. Any increased costs to the County, due to Tier 111 participation by employees not represented by the Labor Coalition, shall not be funded by reduction of general wage increases otherwise due to the employees represented by the Labor Coalition. c. Subject to the provisions expressed above, any and all additional employer and County- paid employee contributions which exceed the sum of the County's legally required contributions under Tier 11 shall be recovered by reducing general wage increases to the employees represented by the Labor Coalition. d. Any disputes regarding cost or savings shall be subject to binding arbitration upon demand of the Labor Coalition or the County. ISEW 535 R&F - 145 - 1999-2005 MOM SECTION 26 - RETIREMENT CONTRIBUTION 6. a. The enabling legislation shall provide that the Tier 111 Retirement Plan may be implemented only by an ordinance enacted by the Board of Supervisors. b. Board of Supervisors' action to implement the Tier III Retirement Plan shall be taken not earlier than seven (7) months after the effective date of the legislation plus thirty(30) days after an actuarial report on the County cost of the Plan is received by the County, provided that before enactment of the ordinance, the Labor Coalition has not notified the County in writing that a one percent (1 %) wage increase shall be implemented by the County effective October 1 , 1907, without interest, in lieu of implementation of the Tier III Retirement Plan. 7. The establishment of the Tier III Retirement Plan pursuant to the terms of this Memorandum of Understanding shall be subject to approval by the Board of Retirement of the Contra Costa County Employees' Retirement Association. 8. In the event the County is prevented from implementing the Tier III Retirement Plan for any reason on or before the termination date of this MOU, the agreement of the parties regarding a Tier III Retirement Plan shall expire and a one percent (1 %) lump sum wage increase shall be SEW 535 R&F - 146 - '1599-2005 MOU SECTION 27- TRAINING REIMBURSEMENT 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 Flan. 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. Employees in Tier 2 with ten (10) or more years of County/District service, will be eligible to participate in the County's buy back program. Employees may replace Tier 2 benefits with Tier 3 benefits as follows. 1.. Employee buys back two (2) years, County will buy back one (1 ) year for a total of three (3) years of buyback. 2 Employee buys back four (4) years, County will buy back two (2) years for a total of six (0) years of buyback. 3. Employee buys back six (0) years, County will buy back three (3) years for a total of nine (g) years of buyback. SECTION 27 - TRAINING REIMBURSEMENT The Department of Employment & Duman Services shall establish an annually renewable training reimbursement fund in the amount of $10,000 for the exclusive purpose of reimbursing employees covered by this agreement .for the SEW 535 R&F - 147 - 1999-2005 Mou SECTION 27- TRAINING REIMBURSEMENT cost of tuition, fees, books, and other employee expenses incurred in the pursuit of work related education, continuing education, or work related graduate degree. In the Department of Employment & Human Services said fund shall replace the career development training reimbursement described in the County Administrative Bulletin on Training. Career development training reimbursement for employees in the Health Services Department shall continue to be governed by the County Administrative Bulletin on Training which limits such reimbursement to six hundred fifty dollars ($650) per year. Registration and tuition fees for career development education may be reimbursed for up to fifty percent (50%) of the employee's net cost. Books necessary for courses taken for career development education may be reimbursed for up to one hundred percent (100%) of the employee's net cost. Those employees entering the Social Casework Assistant classification by the substitution pattern in the minimum qualifications shall be entitled to direct benefit tuition reimbursement under the County training reimbursement policy. Such employees requesting a leave of absence or permanent part-time positions for the purpose of completing a bachelor's degree shall be given priority consideration by the Department. Reimbursement under the above limits for the cost of books for career development shall be allowable. SEW 535 R&F - 148 - 1999-2005 MOU ! a r i s R • r 11 ! SECTION 31 - CONSERVATORSHIP DIFFERENTIAL the base rate; provided, however, that in the event the conditions in (Mental Health Screening are improved so that hazardous conditions no longer exist, such differential will no longer be applicable. SECTION 31 - CONSERVATORSHIP DIFFERENTIAL The County agrees that any employee in a classification represented by Local 535 who is assigned to a position, the work function of which is in the Conservatorship Program of the Department of Employment & Human Services, and the work assignment of which requires direct personal working contact on a regular daily basis with court-remanded clientele of the Conservatorship Program, as specified in Division 5, Part 1, Chapter 3 of the Welfare & Institutions Code, shall receive a differential per hour worked at a premium of five percent (5%) of the hourly equivalent of the base rate while in pay status including paid vacation, paid sick leave, and paid holidays. SECTION 32 - NOTICE OF NEW EMPLOYEES The County agrees to periodically mail to Social Services Union, Local 535 a list of names, classifications, and the designation of permanent employment category of new employees appointed to classifications represented by Local 535. Said periodic list will be mailed within the first five (5) working days of every month. SEW 535 R&F - 150 - 1999-2005 MOU SECTION 33 -PERSONNEL, ACTIONS SECTION 33 - PERSONNEL ACTIONS 33.1 Personnel Files. A. Inspection. Each employee, or an employee's representative so designated by written authorization of the employee, shall have the right to inspect and review the employee's personnel file upon request at reasonable times and for reasonable periods during the regular business hours of the County. B. Documentation in the personnel file relating to the investigation of a possible criminal offense, medical records and information or letters of reference shall be specifically excluded from such inspection and review. C. Preemployment reference material shall be removed from the personnel file after one (1 ) year of continuous employment with the County. D. Medical records may be released to qualified medical authorities upon execution of a written release by the employee and with the concurrence of the.County's medical authorities. E. An employee may request copies of other material contained in the personnel file. F. The employee shall bear the cost of the reproduction of copies. SEW 535 R&F - 151 - 1999-2005 MOU SECTION 33- PERSONNEL ACTIONS G. The County shall afford the employee _ the opportunity to respond in writing to any information contained in their personnel file. Such response shall be included in the employee's personnel file. H. The Department shall maintain only one official personnel file 33.2 Counseling. A. Whenever an employee's job performance and/or conduct becomes less than satisfactory, counseling shall be provided by the employee's first level supervisor. Such counseling shall specifically state the unsatisfactory nature of the employee's performance and/or conduct and specific ways in which the employee can bring such performance and/or conduct up to the satisfactory level. B. Said counseling shall be provided as soon as possible after the occurrence of the less than satisfactory performance and/or conduct. No adverse action shall be taken by the County against any employee unless such counseling has been provided and time for improvement has been given. C. The employee's first level supervisor shall prepare written documentation (including any applicable memos, WIDSI's, etc.) of such counseling and provide a copy of the documentation to the employee. S►EIU 535 R&F - 152 - '1999-2005 MOU SECTION 33- PERSONNEL ACTIONS D. The foregoing shall not apply to probationary employees or in those cases where immediate disciplinary action is necessary. E. If, after such a counseling session has occurred between a supervisor and employee, the employee requests of the Department Personnel Officer a meeting with a Steward/Officer of the pinion and Department representatives, such a meeting shall be held. This meeting shall be held within fifteen (1 5) working days. 33.3 Copied. A. The County shall provide the employee with copies of all performance evaluation reports and letters of . reprimand or warning or counseling memos prior to the placement of n such documents in the employee's departmental personnel file. B. A counseling memo placed in an employee's departmental personnel file which is not referenced in the employee's subsequent performance evaluation shall be removed from the employee's departmental personnel file upon the written request of the employee. If an employee is not evaluated when an annual performance is due, the employee may request through the Department Personnel Officer that a performance evaluation be completed. If an employee has not had a performance evaluation within eighteen (18) months subsequent to a counseling memo being ;SI IU 635 R&F - 153 - 1999-2005 MOU SECTION 33 - PERSONNEL ACTIONS placed in the employee's department personnel file, the counseling memo shall be removed from the employee's personnel file, provided that there has not been a subsequent counseling memo on the same subject in that period of time. G. Upon written request of the employee, copies of letters of reprimand or warning shall be sent to the Union. 33.4 Performance Evaluation. The purpose of a performance evaluation for an employee is to measure the employee's performance against the job specifications and performance requirements of the position that the incumbent is filling. It answers the questions of how well an employee is doing in meeting the department's performance standards for this job. It satisfies a basic requirement for the employee to know where she/he stands with the organization in regard to his/her performance. It delineates areas of strengths and weaknesses. Where performance is below standard, it suggests possible ways of making improvement. During the probationary period, the performance evaluation is used as the last phase of an individual's examination process. Probationary employees receive a preliminary evaluation at the end of three (3) months, and a final evaluation after their fifth (5th) month of probation. An overall rating of STANDARD must be received on the final probationary evaluation in order for the employee to achieve permanent status. SEW 535 R&F - 154 - 1999-2005 MOU - ■ . - - ■ . ? . , . lw , tee . _ $ f _ v ' eof f ? $ � _ ■ e � - _ ■ f - � $ $ � f $ . e ` . e - . . \ a ' e ■ � ■ � - � ■ � e - e # � . � a ■ � ® ■ # e ■ ` e _ - e � f ■ ■ - � # ■ - f e : e : a $ ■ - e e e � e e - e # _ ■ $ # fe ■ e e » � < : _ ■ t � ® � e $ - - e � � e ■ � - » e ± � _ f . e � , : ? � $ a � ■ � . - . . e e � � _ < $ � e f e , $ $ ■ _ - f e e � ee e � - . f ? � e � . ■ T ® » © ■ a - f ■ : � < 10 e ■ - e , . f $ � , ? e .e ` f .e ■ - _ - ■ a _ $ � , ■ � , e e � � e ■ ■ e _ .� # � : . � � . a , : ems - e e e e $ ■ . , . f ■ f ■ . t . « e e e \ $ . . . . - ■ . . . ■ ■ ® f ° $ e e AWe e & ■ � � � $ � $ , : . - $ � \ ■ - � � � - _ ° e ■ - $ ^ ■ e , § e e e t $ et ■ _ - ■ . 2 _ - - < SECTION 33 - PERSONNEL ACTIONS If some significant aspect of performance is above the level indicated by the factor rating, this may, be pointed out by a statement in the Comments section to the employee. The Rater will discuss the report with the employee and provide the employee with a copy at that time if the employee wishes to discuss the report with the Reviewer. In signing the report, the employee is merely acknowledging having seen the report; it does not indicate agreement. DEFINITIONS OF RATINGS: A factor rating of STANDARD means that this part of the employee's work performance is consistently up to the level expected of a competent worker in the position. An overall rating of STANDARD means that the employee's work performance is acceptable and will result, where pertinent, in receipt of salary increment, promotion, or permanent status. A factor rating of BELOW STANDARD means that this part of the employee's work performance is frequently below the level of a competent worker in the position and that effort should be made to improve. An overall rating of BELOW STANDARD means the employee's work performance is inadequate and may result in the loss or delay of the salary increment, demotion, dismissal, or rejection on probation. APPEAL PROCEDURE: If an employee believes his/her rating is improper, he/she should discuss it with the Rater. If still not satisfied, the employee should sign the report and place an "X" in the space provided by his/her signature to indicate he/she wishes to discuss the report with the Reviewer (the Social Service Division Manager). Within five SEW 535 R&F - 156 - 1999-2005 MOU ! R R ! r SECTION 34 - SAFETY PROGRAM a. A central department Safety Committee comprised of one (1 ) member appointed by Local 535 from each major building location, one (1 ) management employee who shall be the Building Manager for that location and other employee organization representatives, and the Department Personnel Officer, or designee. The Department Personnel Officer, or designee, will serve as chairperson. The committee shall meet every six (5) weeks. In the event that the appointed person is not available to chair the meeting on the scheduled date, an alternative chair will be appointed by the Personnel Officer or the meeting will be rescheduled within three (3) weeks unless mutually waived by the Union and the Department. Minutes of each meeting shall be recorded and distributed to each committee member. b. All Committee members will receive training on a) accident/injury reporting procedures, b) accident/injury investigation and prevention, c) safety awareness, and d) procedures by which safety concerns are handled. C. Committee recommendations shall be reported to and reviewed by the Department Head. Responses to such recommendations shall be communicated to the Safety Committee at its next regularly scheduled meeting or some other mutually agreeable period. SEW 535 R&F - 158 - 1999-2005 MOU ■ z w ' ■ . I, am® , , e e , . ' ■ � _ fe # e . � . # � : ® e � e . , ' $ f f _ > _ ■ , .fe - � � \ $ ■ . ■ ^ ® fe , e _ . � � . of $ ■ - « - � e $ « ■ � � � - � < t ^ � � � e � \ � a e � f f � ■ ' t � f � ■ � � f _ $ e e $ - � ■ ■ ` \ � ' �fe - � - � � � < - ^ - . f ■ - e # � � ■ � f■ \e \ � � � . « f � � � » � � � _ e � � � ' ■ ■ - � � � � ■ . f - e $ � - � , $ $ ' e e # e « . � � ~ � �_ $ � � , ` 2. ■ � » � ® : e � _ � , - � ■ ` , - , v e # � Q .�° - , ■ � � : , , � . $ � ' � , . ■ , �-� ■ � 2 � � , � ■ . e � - e < � , ■ � � ■ ~ » , `~ � § � � � , � � � . � � ■ e � - . , . . , � ; , � : < . $ $ - f � � J # ® ^ � - ■ ee � ' � � . \ � � � . - $ � f � e � - � � ¥ e e � � ® ■ � � . .e . e : . - ® ® � _ . , ee ^ $ , . f $ e . 2e - ©. e wee ■ $ ■ as $ ■ 4v & e ■ , � � � � � ' � � - ' e : � � � � - - . ■ °- � - a _ . � » e $ � , $ � e � � � � e ■ � e . ® �_ _ e e . _ e f � _ e e ■ ■ , f � e $ ' � � - � , e - a - - a � . � � " _ „ � ■ � SECTION 35- FLEXIBLE STAFFING the Human Resources Department. The first Friday in each month is the filing deadline for any candidate who meets the minimum qualifications at any time during that month. The names of accepted applicants will be placed on the eligible list by the first working day of the following month. Employees who file applications must notify their supervisor and their departmental personnel officer. Nothing contained in this section shall be construed as making a promotion automatic or automatically effective on the first of the month following the filing of an application. It is the responsibility of the Department that wishes to promote employees in flexibly staffed positions to submit a personnel request (certification request) prior to the first day of the month in which they wish to promote the employee. Personnel requests for promotion of employees to become effective on the first of the month must be in the Human Resources Department by the last working day of the prior month. It is the employee's responsibility to submit applications for promotion sufficiently in advance to assure receipt in the Human Resources Office by the first Friday of the month in which they become eligible for promotion. If an error occurs in the Human Resources Department which causes a delay in the processing of an application, said error shall be corrected and the employee shall be placed on the eligible list retroactively to the first of the month following his/her eligibility. If an operating department verifies in writing the intent to promote an employee on the first of the month following SEW 535 R&F - 160 - 1999-2005 MOU .......... SECTION 35- CAREER LADDER eligibility, said appointment shall be made retroactive to the first of the month fallowing his/her eligibility. SECTION 36 - CAREER LADDER The County agrees to the concept of a career ladder which will enhance the opportunities for employees to attain positions in other classification series. For this purpose, the following classes are considered to be those classes representing such promotional opportunities; Eligibility Work Specialist, Social Service Program Assistant, Social Casework Assistant. The County shall amend the Welfare Fraud Classification as follows: 'a. By reclassifying Social Service Welfare Fraud Investigators doing Early Fraud to "Social Service Welfare Fraud Field Investigators." b. Welfare Fraud Field Investigators shall have the option of carrying pepper spray. C. Social Service Welfare Fraud Investigators shall receive the same rate of pay as Social Service Welfare Fraud Field Investigators. SEW 535 R&F - 161 - 1999-2005 MOU SECTION 37- STAFFING ALLOCATIONS & WORKLOAD DISTRIBUTION SECTION 37 - STAFFING ALLOCATIONS & WORKLOAD DISTRIBUTION 37.1 Quarterly Review. The Department of Employment & Human Services shall review the amount and nature of work in its operating units on a quarterly basis and shall initiate reassignments of employees necessary to balance the number of available employees in each classification with the existing and expected amount and nature of work in operating units throughout the Department. The process to be used in determining work assignment and volume shall be to balance the existing amount of work among existing staff, in accordance with applicable sections of this MOU. 37.2 Department/Union Monthly Meeting. There shall be a meeting between the Department of Employment & Human Services and the Union every month to review and discuss the existing amount and- nature. of work; to share information and ideas on workload issues throughout the Department; and to-discuss long-range planning concerning Department programs and implementation. The meeting will be chaired by the Director or his/her designee. 37.3 Labor-Management Team. The expanded Labor- Management Team, consisting of designees from all represented employee organizations in the Department of Employment & Human Services, and management staff appointed by the Director, shall continue through the end of this current agreement, and may continue thereafter if mutually agreed by the parties. The process, as outlined SEW 535 R&F - 162 - 1999-2005 MOU \ , , . . y � . � � . . Z : � - ■ . � ■ - _ . ■ - � � �e � � ■ � � e � - e e � � $ � $ � � _ � . � � $ ^ ■ .� � � . . e �� � � � ■ � - � � � � � ■ � ¥ � � _ : 7 , ' » � � e - f � � . ■ ■ e # e e a � , e ■ - ee - � ■ - ® ® � ■ � , � e ° � �` - § � e � \ � ■ � ' � e e . - e � ■ - 2 e � � � � ± ■ f � $ � -# - » ? � e - . ° , _ � � � ■ � f . e . . fes \ . . e - e � � � � e � r - � . , a _ ■ � ■ e � - e e � e /e _ ■ © f ' » � 22 �_ ` � � � e � � � ■ � � � $ e � ■ � a \ ® . # . , � ` . ' @ � . , . ■ f � � f - e � . � � � J � � ■ � e e : - e . \ � + . > a ° � ■ ■ � a � � _ . . # ■ _ ■ f ' � $ ~ ■ a - e e ■ e ■ � e � , - e e _ e e _ ■ _ e . \ � � ■ � ' � - « ■ ■ � � ■ ■ . ■ f . . » e ' � e e � � � $ � � � � ■ - � � # w ■ e ■ e » � e � ° # f ., fie ■ � e � e . e - - ee � . @f � - - - � e . _ � f � f � e . ■ e � � - ® � - `. . � � � + � „ � � , . ' f. e - � f e � ■ e e � $ � � - � $ ` � _ e ■ � f \ \ - $ , - f . � , - � _ f e f ? � < * � $ e , \ e ° - � � � � e t ■ - e � � e � e e �$ $ � . � < e � � - , e $ � � � � e ' ' � , ■ e � � e � e . . e ® $ e � e � ~ - ° ° � e � ■ e � - . . e se � � � ' e � _ . ■ � . � � � e - © ■ � � ■ . ~ e , �e e - SECTION 37- STAFFING ALLOCATIONS & WORKLOAD DISTRIBUTION procedures, forms, and other factors or changes in procedures which may have an impact on workload. Any items declined by the Program Committee for discussion/action will be listed in the minutes. Program Committees shall meet monthly, unless a meeting is waived by the Director or his/her designee, and written minutes shall be furnished to the Labor-Management Team members on a timely basis. Such minutes should clearly identify issues and program committee actions. If the minutes do not reflect a resolution or response to pending issues within the time frames for response, the Union may specifically request an immediate written response from the appropriate Bureau Director. Program Committees will work within the appropriate chain of command in managing committee work and agendas expeditiously. If the Program Committee does not reach resolution acceptable to the parties within forty-five (45) days, the appropriate Assistant Director shall have twenty (20) days to resolve the matter. Such resolution shall be transmitted to the Committee and Union in writing. Failing resolution, either party may submit such matters to the Labor-Management Team. 37.5 Meeting Minutes. Summary minutes shall be kept for each Program Committee and Labor-Management Team meeting and shall be distributed to all committee members prier to the next meeting. These minutes shall be posted in each Department of Employment & Human Services building by the Department. SEIU 535 R&F - 164 - 1999-2005 MOU # « � , � , : ; , � ■ ` e � � ¥ ■ - ' e - . . . . � ■ � . e ■ ' e . � ® , e � « � 22 � � � $ � - e ■ . e ■ � ■ � ■ - e _ » � � � ■ � � � � . � # » ■ � � ■ tee � - � e - � � * ■ » - ■ � � e4t ■ # � � � � � , � f� . � � � � � , $ ate . : e - \ ■ e � $ e � e : # f . ® # e \ - � ~ ■ ■ e ■ f � ® ' - ■ ■ ® \ ■ � � 2 � _ - - � � � - ■ _ - � � ® ■ � � � $ - � \ � � . : � � e � e � f $ f e � ^ � � # . ■ � � - � . e - _ � - $ f ■ re . . . - e ■ few � � . ` e ■ ■ ■ ■ _ , , . - . � � � fe _ . � - � e ■ f ^ « e - , - \ - _ e � ■ � , � � . . - _ � ■ - . ■ � e ■ � � � � � # � ■ $� � $ . f � � � � � , - � - � � ^ , � § - ■ � e � - . . $ � e e �� , � ■ � � e - . e � � � � . e f e � e . ■ e - f e : . e _ . . � \ . f e ■ e ? ■ � � e ■ � � f � § - e ■ � : e - � . � ■ .e � _ \ - - � � e � � � � f $ ■ - - < - $ _ ■ ` ■ ._ e ■ ~ $ 40 « e \ e e ■ ■ ■ ■ ■ � _ : to ^ ® - ■. SE TION 38 - STAFFING ALLOCATIONS & REASSIGNMENTS The following procedure shall be used: a. Internal moves within a building shall be made at the discretion of the Division Head within five (5) days following publication and Union receipt of Department staff and caseload allocations. In determining moves of employees within an office, managers will solicit volunteers; if no volunteers respond, the employee with the least series seniority within the ' unit/area identified will be moved. b. Authorized staffing levels shall be published on a monthly basis. After any internal moves in a building have been made in accordance with Step a, further vacant authorized positions in buildings shall be alternately bid to the appropriate class in all offices for a four-day period or certed from the appropriate Eligible List. C. Employees responding to bids shall respond to the Department Personnel Unit, and must confirm any verbal response in writing; written confirmation must be received by 5:00 p.m. on the day the bid closes for the employee to be considered in determining the five (5) most senior employees in the class. d. with respect to responding to bids for the Welfare Fraud Investigator class or Welfare Fraud Field SEW 535 R&F - 166 - 1999-2005 MOU SECTION 38- STAFFING ALLOCATIONS & REASSIGNMENTS . Investigator class, the bidding will be restricted to employees in one of the two above classes. e. If the Department is at authorized staffing and there are no responses to the posted bid notice, the least senior employee within the class, within the building having staff overage(s) of at least one (1 ) FTE shall be reassigned within two (2) weeks of the closing of the bid. If the Department is below the authorized staffing level and there are no responses to the posted bid notice, the Department will cert from the appropriate Eligible List. f. Authorized vacancies resulting from the bid process shall automatically be certed from an appropriate eligible list. g. Persons involuntarily reassigned shall be given the opportunity to return to their former building when the first vacancy occurs in the building from which the employee was involuntarily transferred provided however, if an employee voluntarily transfers after such involuntary transfer that employee shall lose such reversionary rights. h. Positions flagged as needing a language skill or special qualifications shall be identified on bids. Only employees having such skill or meeting such qualifications shall be accepted for bid interviews or for mandatory reassignments as provided in this section. SEW 535 R&F - 167 - 1999-2005 MOU SECTION 38 - STAFFING ALLOCATIONS & REASSIGNMENTS 1. Specially funded assignments or assignments of limited duration shall not be subject to procedures in this Section. j. Reassignments shall not be used as a replacement for discipline. Employees on probation or in an Improvement Needed Review status shall not be reassigned. An employee who is reassigned out-of- seniority-order shall be offered the first vacancy to be filled in the class and building from which the employee was mandatorily reassigned. At the next quarterly staffing review an employee mandatorily reassigned out-of-seniority-order shall be given first opportunity for reassignment as provided in Section 37.2 — Department/Union Monthly Meeting or Section 37.3 — Labor/Management Team, whichever is applicable; or if no staffing imbalances exist, the most senior employee shall be offered the opportunity to exchange positions provided the least senior employee is no longer on probation or Improvement Needed Review status. k. In each classification, series seniority for reassignment purposes shall be determined by date of hire into that series as defined below: Eli ig blity Series: Eligibility Worker 1, Eligibility Worker 11, Eligibility Work Specialist. Social Work Series: Social Program Assistant, Social Worker Il, Social Worker III, Vocational Counselor (classes which have been abandoned SEW 535 R&F - 168 - 1889-2005 MOU SECTION 39 - REIMBURSEMENT FOR MEAL EXPENSES but were a pert of the Social Worker or Vocational Counselor series shall be included for the purpose of determining series seniority). Casework Specialist Series: Social Casework Assistant, Social Casework Specialist 1, Social Casework Specialist 11. Welfare Fraud Field Investigator Series: Social Service Welfare Fraud Field Investigator and Social Service Senior Welfare Fraud Field Investigator. SECTION 39 - REIMBURSEMENT FOR MEAL EXPENSES Employees shall be reimbursed for meal expenses under the following circumstances and in the amount specified: a. When the employee is required by his/her Department Head to attend a meeting concerning County business or County affairs. b. When the employee is required to be out of his/her regular or normal work area during a meal hour because of a particular work assignment. C. When the employee is required to stag over to attend consecutive or continuing afternoon and night sessions of a board or commission. d. When the employee is required to incur expenses as host for official guests of the County, work as ISEW 535 R&F - 169 - 1999-2005 MOU SECTION 40- PERSONAL PROPERTY R'EI'MBURSEMENT members of examining boards, official visitors, and speakers or honored guests at banquets or other official functions. e. When the employee is required to work three (3) or more hours of overtime; in this case he or she may be reimbursed in accordance with Administrative Bulletin on expense reimbursement. Meal costs will be reimbursed only when eaten away from home or away from the facility in the case of employees at twenty-four (24) hour institutions. Procedures and definitions relative to reimbursement for meal expenses shall be in accordance with the Administrative Bulletin on Expense Reimbursement. SECTION 40 to PERSONAL PROPERTY REIMBURSEMENT The loss or damage to personal property of employees is subject to reimbursement under the following conditions: a. The loss or damage must result from an event which is not normally encountered or anticipated on the job and which is not subject to the control of the employee. b. Ordinary wear and tear of personal property used on the job is not compensated. SEW 535 R&F - 170 - 1999-2005 MOU SECTION 40 - PERSONAL PROPERTY REIMBURSEMENT C. Employee tools or equipment provided without the express approval of the department heed and automobiles are excluded from reimbursement. d. The loss or damage must have occurred in the line of duty. e. The loss or damage was not a result of negligence or lack of proper care by the employee. f. The personal property was necessarily worn or carried by the employee in order to adequately fulfill the duties and requirements of the job. g. The loss or damage to employees eyeglasses, dentures, or other prosthetic devices did not occur simultaneously with a job connected injury covered by workers' compensation. h. The amount of reimbursement shall be limited to the actual cost to repair damages. reimbursement for items damaged beyond repair shall be limited to the actual value of the item at the time of loss or damage but not more than the original cost. 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 Personal Property. SEW 535 R&F - 171 - 1999-2005 MOU SECTION 41 - LENGTH OF SERVICE DEFINITION(for service awards and vacation accruals) SECTION 41 - LENGTH OF SERVICE DEFINITION (for service awards and vacation accrualsl The length of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary, provisional, and permanent status, and absences on approved leave of absence). When an employee separates from a permanent position in good standing and within two years is reemployed in a permanent County position, or is reemployed in a permanent County position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation. The Human Resources Director shall determine these matters based on the employee status records in his/her department. .SECTION 42 - SERVICE AWARDS The County shall continue its present policy with respect to service awards including time off; provided, however, that the type of award given shall be at the sole discretion of the County. The following procedures shall apply with respect to service awards: Presentation Before the Board of Supervisors. An employee with twenty (20) or more years of service may go before the SEW 535 R&F - 172 - 1999-2005 MOU . \ � ■ , . . e � � . : . - . - � - ■ � � : �. § � & ■ , e ■ e - � � ■ � < e - � - ■ e . Woo - # lw ■ fe , - . 40 . - - � # � � - ■ - � ` � ■ _ e $ � ■ � . # � � $ ■ � » ® ■ ' $ , ` ® � , \ # . � � � � � . e ■ � � - e � - � e � $ 2 � 2 ■ - � , ■ ■ , @ � � e e � - e � e ' - _ a \ f . - , - . a .e » - ■ # $ or . - . 40 $ - ■ - ■ $ ® ■ e ` . � � e �f _ � f $ ' � - , e � � � e ■ e # e � - � . , ' . e ■� ■ � ■ � - $ ©: � �� � � $ , , � � $ • � � � � f - f � ■ ■ 2 - e , 2, . . ` � $ - � � � . $ , . � � f e ' @ � � � � $ � , . = e � f e ■ e � ® e , � ._ ■ � � � e ^ - � � e � f . . . . . . . . . . � � ¥ ; � � ! ! � � „ ° © ■ . SECTION 45 PERMANENT-INTERMITTENT HEALTH PLAN 45.1 A permanent-intermittent employee may participate in the County Group Health Plan Program wholly at the employee's expense. The employee will be responsible for paying the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and immediate withdrawal from the County Group Health Plan and reinstatement may only be effectuated during the annual open enrollment period. 45.2 Effective one hundred and twenty (120) days after all Coalition Employee Organizations have signed their respective Letters of Understanding, the following benefit program shall be offered to permanent-intermittent employees: a. Program. The County shall offer CCHP Plan A-2 at the subvention rate of sixty-four percent (04%) of the cost of the premium for a single individual, to those permanent-intermittent employees who meet and maintain eligibility. b. Eli ibilit . 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 permanent-intermittent employee must remain in paid status during each successive month. C. Pre-Pa . Employees who have achieved eligibility under the terms of 45.2b will pre-pay the SEW 535 R&F - 174 - 1999-2005 MOU # ! ! 4F ! vt - # i # # • # • ' .. # • • - # • # • f Soo • # i • ., � • i ' i i • i IKESYA • • • 11 • OF ♦ ; ! ! 0 # ! ' of op i i i t l • SECTION 49 - UNFAIR LABOR PRACTICE MOU between the County and the recognized employee organization of the unit prior to the modification proceedings. Section 34-12.018 - Decertification Procedure shall be modified in the first sentence by adding words to the effect of "most recent" to the date of formal recognition and by requiring the petition be submitted during a period of not more than one hundred and fifty (150) days nor less than one hundred and twenty (120) days prior to the expiration of the MOU in effect. SECTION 49 - UNFAIR LABOR PRACTICE Either the County or the Union may file an unfair labor practice as defined in Board of Supervisor's Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties within thirty (30) work days from the date of receipt, may be heard and decided by a mutually.agreed upon impartial third party. 49.1 FiI®ina. Either the County or the Union may file an unfair labor practice against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties, may be heard by a mutually agreed upon impartial third party. 49.2 Unfair Labor Practice - County. It is an unfair labor practice for the County to: SEW 535 R&F - 178 - 1999-2005 MOU SECTION 49- UNFAIR LABOR PRACTICE a. Interfere with, restrain or coerce employees in the exercise of the rights recognized or granted in this division; b. dominate or interfere with the formation of any employee organization or interfere with selection of a majority representative; C. contribute financial support to any employee organization; or d. refuse to meet and confer in good faith (with representatives of formally organized employee organizations on matters within the scope of representation), or to refuse to consult with informally recognized employee organizations on matters within the scope of representation. 49.3 Unfair Labor Practice - Union. It is an unfair labor practice for the Union or their representatives or members to: a. Interfere with, restrain or coerce employees in the exercise of the rights recognized or granted in this division; b. coerce, attempt to coerce or discipline any member of an organization so as to hinder or impede the performance of his duties; C. discriminate against any employee with, regard to the terms or conditions of membership because of race, color, creed, sex or national origin; SEW 535 R&F - 179 - 1999-2005 MOU SECTION 50 - REPRESENTATION OF TEMPORARY EMPLOYEES d. refuse to consult, or meet and confer in good faith, with management representatives on matters within the scope of representation; or e. initiate, engage in, cause, instigate, encourage or condone a work stoppage of any kind or other disruptive activities which are detrimental to the conduct of county business and services. SECTION 50 - REPRESENTATION OF TEMPORARY EMPLOYEES 50.1 Recognition. Social Services Union, Local 535 is the formally recognized employee organization for temporary employees, not including emergency appointments and retiree temporary appointments, who are employed by Contra Costa County in those classifications covered by the MOU between Social Services Union, Local 535 and Contra Costa County. 50.2 . Emergency Appointments. Emergency appointments as defined in Section 809 of the Personnel Management Regulations, and retiree temporary appointments as provided for in Government Code, Section 31680.2, are not covered by this MOU. 50.3 Aaency Shop. A. The Union agrees that it has a duty to provide fair and nondiscriminatory representation to all SEW 635 R&!= - 180 - 1999-2005 MOU SECTION 50- REPRESENTATION OF TEMPORARY EMPLOYEES employees in all classes in the units for which this section is applicable regardless of whether they are members of the Union. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1 . Become and remain a member of the Union or; . pay to the Union, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. do both of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and SEW 535 R&F - 181 - 1999-2005 MOU ...................................... SECTION 50- REPRESENTATION OF TEMPORARY EMPLOYEES b. pay a sum equal to the agency shop fee to a non-religious, . non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. C. The Union shall provide the County with a copy of the Union's Hudson Procedure for the determination and protest of its agency shop fees. The Union shall provide a copy of said Hudson Procedure to every fee payor covered by this MCU within one (1 ) month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by a fee payor to invoke the Union's Hudson Procedure within one month (1 ) after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee. SEW 5351 &F - 182 - 1999-2005 MOU SECTION 50- .REPRESENTATION OF TEMPORARY EMPLOYEES 50.4 Agency Shop deductions. A. Temporary employees hired into a job class represented by Social Services Union, Local 535 shall be provided through the County Human Resources Department with an Employee Authorization For Payroll Deduction card. 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 2 of this Letter of Understanding are not received, the Union may in writing direct that the County withhold the agency shop fee from the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Union. C. The Union shall indemnify, defend and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this Agency Shop Section, or action taken or not taken by the County under this Section. This includes, but is not limited to, the County's attorney fees and costs. The provisions of this section shall not be subject to the grievance procedure. D. The authorization of payroll deductions requires the employee to agree to hold the County harmless SEW 535 R&F - 183 - 1999-2005 MOU SECTION 50- REPRESENTATION OF TEMPORARY EMPLOYEES from all claims, demands, suits or other forms of liability that may arise against the County for or on account of any deduction made from the wages of such employee. 50.5 Sallaar . A. Temporary Hourly Rates. For all classifications represented by the Union, the hourly rate paid temporary employees shall be the 1 .00 hourly rate calculated on the salary schedule by dividing the unrounded monthly salary at any step by 173.33. B. New Emplovees. Except as otherwise permitted in deep class resolutions, temporary employees shall generally be appointed at the minimum step of the salary range established for the particular class to which the appointment is made. However, the Director of Human Resources may authorize an appointing authority to make a particular temporary appointment at a step above the minimum of the range. 50.6 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 resolutions, in the SEW 635 R&F - 184 - 1999-2005 MOU SECTION 50 - .REPRESENTATION OF TEMPORARY EMPLOYEES 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. E. New Employees. Temporary, employees hired at Step 1 of the salary range for their classification will be eligible for a salary review after completion of 1040 straight time hours worked; additional salary reviews will be after the cumulation of an additional 2080 straight time hours. F. No provision of this section shall be construed to make the granting of salary increments mandatory in the County. SEJU 535 R&F - 185 - 1898-2005 MOU SECTION 50- REPRESENTATION OF TEMPORARY EMPLOYEES 50.7 Laid 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 the first of the month following completion of each 2080 straight time hours worked, the temporary employee shall be credited with forty (40) hours of paid time off. Forty (40) hours paid time off credit is the maximum amount an employee may have at any time. C. Use. Paid time off (PTO) shall not be taken until credited after completion of 2080 straight time hours worked. PTO shall be taken by an employee only with the approval of his/her supervisor. D. Paid Off at Separation. If a temporary employee terminates his/her County employment (separates from County service), the employee shall be paid all currently credited PTO hours and, in addition, shall be paid off for that portion of PTO hours earned but not yet credited on the basis of that portion of the 2080 straight time hours worked (STHW) cumulation. The formula for the earned but not credited payoff is: STHW divided by 2080 multiplied by 40 multiplied by the current hourly pay rate at separation. SEW 535 R&F - 186 - 1999-2005 MOU t • ' Kl virtrojilrolm-ft " # # see i i • • . iii ' i i • ` • i • ! SECTION 50- REPRESENTATION OF TEMPORARY EMPLOYEES 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 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. 5. 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 . 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. SEW 535 R&F - 188 - 1999-2005 MOU r f Y ' # +► I f SECTION 51 - DEPENDENT CARE months of service in which those temporary hours were worked. Additionally, the County agrees to meet and confer with Local 535 concerning the future use of represented temporary employees. Upon receipt of a request by the Union, the Human Resources Department agrees to meet to discuss the issues related to continuous testing and the frequency of such testing regarding specific classifications. Effective January 1 , 2000, the County shall provide quarterly reports regarding temporary employees which include the following information: employee name, classification, department, mail drop I.D., and number of hours worked in all classifications and departments on a calendar year-to- date basis. SECTION 51 . DEPENDENT CARE A. Dependent Care Information & Referral Service The county will administer an "Information & Referral Service" through the Contra Costa Child Care Council for the duration of this MOU. B. Dependent Care Salary Contribution Subject to the applicable provisions of the Internal Revenue Service, employees may contribute up to $5,000 each calendar year from their salaries for SEW 535 R&F - 190 - 1999-2005 MOU f ! lw • • ! f • f si . • ! ! ! gal • ! * R SEC T"ION 52- SPECIAL STUDIES & OTHER ACTIONS comprised of a maximum of three (3) representatives of Labor and three (3) representatives from Management to study and recommend actions necessary to identify and develop potential part-time and job sharing opportunities, by September 30, 2000. 52. 4 Telecommuting Options. The Employment and Human Services Department and the Union agree to establish a Task Force comprised of representatives from the Union and representatives from the Department to identify potential positions where telecommuting could be utilized in accordance with the County's Telecommuting Policy. The Task Force will consider, but not be limited to, the following criteria: service delivery, coverage and availability for participants. The Task Force shall complete its study by June 30, 2000 and submit it to the Director of the Employment and Human Services Department. 52.5 Reclassification. The Health Services Department agrees to submit a P300 requesting the reclassification of the Public Health Social Worker positions to Medical Social Worker 11. 52.6 Job Classification. The County will develop a new employment focused job classification which will include the following functions: Medical Combo, Medical Intake, Medical lead worker and training unit. 52.7 Ergonomics. No later than May 15, 2000, the County will submit for Coalition input revisions to Administrative Bulletin No. 425 dated April 17, 1990, and an SEW 535 R&F - 192 - 1999-2005 MOU - - • ' ` I I ! ` ! ! ' ! I I ` ! i 1 1 • SECTION 54 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION 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. 54.2 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. 54.3 Personnel ' Management Regulations. where a specific provision contained in a section of this MOU conflicts with a specific provision contained in a section of the Personnel Management Regulations, the provision of this MOU shall prevail. It is recognized,, however, that certain provisions of the Personnel Management Regulations may be supplementary to the provisions of this MOU and as such remain in full force and effect. 54.4 Duration of Agreement. This Agreement shall continue in full force and effect from October 1 , 1999, to and including September 30, 2095. Said Agreement shall SEW 535 R&F - 194 - 1999-2005 MOU SECTION 54 - SCOPE OFAGREEMENT AND SEPARABILITY OF PROVISION automatically renew from year to year thereafter unless either party gives written notice to the other prior to sixty {50} days from the aforesaid termination date, of its intention to amend, modify or terminate the agreement. DATE Cl .. CONTRA COSTA COUNTY SEIU LOCAL 535 RANK. & FILE UNIT SEW 535 R&F - 195 - 1999-2005 MOU