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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-653 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 1, 2002, bythe following vote: ANTES: aVervisors Uilkema, DeSau]nier, Glover and Gioia NOES: 1 AVSENT: Now ASSTAIN: S4)ervisor Gerber* Resolution No. 20021fi5 SL bject: AJopt the Memorandum of Understanding) wl#h SEIU Local 535 Service Line ) Supervisors Unit } BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the extension of the Memorandum of Understanding (MOU) [copy attached and included as pert of this document] between Contra Costa County and SEIU Local 535 Service Line SL,1pervisors Unit-jointly signed by Kathy Ito, Labor Relations Manager, and Joyce Baird, SEIU Local 535 Senior Field Representative - regarding economic terms and conditions foi October 1, 1999 through September 30, 2005 for those classifications represented by,that employee organization. *see attached I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the data show: ATTESTED: October 1, 2002 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By ^^ 1f a_.XA: Deputy Cortact:Human Resources Department(Kathylto 5-1785) cc: Labor Relations Unit Personnel Services Unit Auditor-Controller County Counsel Joyce Baird,SEIU Local 535 ADDENDUM TO ITEM D.3 -- October 1, 2002 Supervisor Gerber made the following statement: "Mr. Chairman, on this item,based on my husband's employment,there may be a requirement for disqualification. So to avoid the appearance of any possible conflict with the State Political Act,I am disqualifying myself from acting on closed session employee organization negotiations and on this agenda item. The circumstances s 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." r MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND SOCIAL SERVICES UNION, LOCAL 535 SERVICE LINE SUPERVISORS 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 81/11`85. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Union is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. This MOU shall be presented to the Contra Costa County Board of Supervisors as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October '1 , 1999 and ending i'September 30, 2005. • i R � � � ■ . � � ■ , � . � $ - � � ■ . ■ � � e - � e� � e ■ $ � e � � ■ $ � - _ - e mew ' - � , � « � ■ � � - . \ $ �� . e ^ � # � $ . + e � - ea e � - e ■ f � e e - . � � � . . . , , � > � . � � � . . ■` ef � ■ ° e _ . - # ' f � e e $ � - # ■ - � ee ^ � � � » $ - � � � > � \ � ` � � « e # - � e � \ ■ � _ f $ < $ ® ■ e ■ � $ » , # . , � e ■ � ® # � ' � � � e � , � - ■ » , - � ■ � _ . ■ : e � ■ ° e � . � � . . e � a ' � � ■� - ■ e e . e , . - � f � � e , f e � � � e - ■ � # � - ■ � � $ e � e 2 # � � � � t � . � ° , - , \ t � � e � - e � � ■ � $ � ■ ■ , � - � f � _ � � _ � � f � � � _ ° ® e » � , � & » $ # e � � � e . 2 � � - f � - � � � � ^� e � \ $ � � � e - ` � � e � � e $ e e � � � - �� � ■ : � � . - ^ f - ■ ' ■ e � e ■ � # . � # � . 7 - _ � w � � - � � a � � § ^ , � � e ■ ~ ■ � � � � - a � - � - - - ■ . � � . . ^ e - # � � ■ f ` � - � ee a $ a - $ � � : tee . - ■ � 2 � � � - ■ � \ � - _ � � $ ' � � � # � . ee . . . # . . . � � # - $ $ � . . - � . fe � - � f - � � ■ , e - � . » � e . � ` ■ e � e � � ■ - � - ef� ■ e - « - � � � , , & - � � � � ■ # - ' ■ � ® e _ e - $ � � - � � $ ■ � e ■ _ � ■ < - . - ■ � � - � 2e e � - e e � . � . � �� � ■ � « . . . ■ $« � ■ : � � � . ■ � _ � . $ - e « � . ■ . . � � . e � ■ . � e f � e - ■ ■ � e . � . ± ' . �. . � : . � > � � , < , ■ � e � DLRINITVONS 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, parttime or intermittent employment of a person. Reallocation: The act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five percent (5%) of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. Reclassification: The act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such position. Reemployment List: A list of persons, who have occupied positions allocated to any class in the Merit System and, who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. Resignation: The voluntary termination of permanent service with the County from a position in the Merit System. SEW 535 SLS - 4 - 1999 - 2005 MOU SECTION # - UNION RECOGNITION .,Temporary Emplay : Any employment in the merit system which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. Transfer: The change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on the salary plan that is within five percent (5%) at top step as the class previously occupied by, the employee. Union: Social Services Union Local 535, Service Line Supervisors Unit. SECTION 1 - UNIONRECOGNITION The Union is the formally recognized employee organization for the Social Service f=irst Line Supervisors' Representation unit and such organization has been certified as such pursuant to Chapter 34-12 of Board Resolution 81/1165. 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. SEW 535 SLS - 5 - 1999 -2005 MOU SECTION 2 - UNION SECURITY 2.2 Maintenance of Membership. All employees represented by the Union who are currently paying dues to the Union and all employees in such unit who hereafter become members of the Union shall as a condition of continued employment pay dues to the Union for the duration of this MOU and each year thereafter so long as the Union continues to represent the classification to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.4. 2.3 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 deducted from the employee's paycheck shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to the Union. If the employee does not notify the County in writing of the decision not to become a member within the thirty (30) day period, he/she shall be deemed to have voluntarily agreed to pay the dues of the Union. SEW 535 SLS - 6 - 1999 - 2005 MOU op # Dom 6 STU # of • • 40 f f • • • • # • ! • • # • SECTION 2 - UNION SECURITY 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 Mead 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; 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 SEW 535 SLS - 8 " 1999 - 2005 MOU SECTION 2 - UNION SECURITY 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. 2.6 Use of, County ,Buildin�si The Union shall be allowed the use of areas normally used for meeting purposes for meetings of County employees during non-work hours when: a. Such space is available and its use by the Union is scheduled twenty-four (24) hours in advance; b. there is no additional cost to the County; C. it does not interfere with normal County operations; d, employees in attendance are not on duty and are not scheduled for duty; e. the meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Union shall maintain proper order at the meeting, and see that the space is left in a clean and orderly condition. The use of County equipment {other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards} is strictly prohibited, even though it may be present in the meeting area. SEW 535 SLS - V 1999 - 2005 MOU SECTION 2 - UNION SECURITY 2.7 Advance Notice. The Union shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions designated by the Board, and to meet with the body considering the matter. On matters within the scope of representation the County agrees that the Human Resources Department will notify a Union's designee(s) when an issue within the scope of representation is placed on the Board's agenda. If there is insufficient time to meet and confer on an issue prior to the Board's meeting, the item shall be deferred if so requested by the Union. In cases of emergency when the Board, or boards and commissions designated by the Board, determines it must act immediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical after its action. 2.8 written Statement for New Employees. The County will provide a written statement to each new employee hired into a classification which is in the Social Service First Line Supervisors Unit that their classification is represented by Local 535, and the name of a representative of Local 535. SEW 535 SLS - 10 - 1999 - 2005 MOU . . . . . . . . . . .. ... .. . ._ . . . � � �$ � $ ■ .. . � . . � $ � _ � < _ � f $ e ^. , . ■ of , . � � e , - . ' fe e $ _ e � e � ■ . � e � e ■� ■ . f - . - e ' � _ e � e . $ � . � . . ' � � e _ . _ . f $ e � f • $ » $ ■ � � e � - ■ e � � e - . ■ . � e e � � @ � f - � # ■ - ■ e - e � � e e � f � - � e # . $ f$ e : _ e e . � ■ f \� f + e � �e - : . - � . � � ■ � e # » § 40e ■ - . , a, e , ■ � $ < . � $ - « � � - ■ � . ■ : . . + t * � , . � t , ~ � � � ■ ■� _ � . $ , . $ � � �- $ � © e e ^ ' � � e � � ■ � ■ , ^- e �- � � _ - « 2 � � . � < � # ' , e � e �e � � - ■ � f - � e � � ® e e ■ � � � � e - � � a ■ 2 ■ . e ^ e ■ a Ask . f » : ■ e 2 . _ - � _ � ■ , . . . _ $ ® e ■ 2 e . . . � e � � 2 _ � e , - . e . e e . � � ® � f eee ■ $ - � , � # e ` � � � � $ � e ■ . f ° . . , \ e � . � � � � * f^ ■ , - � � ® e . 2 ■ e � � ' � � ■ �e - e e ` � � � � - ■ ® ■ - ® ® � ^ � a # ° . � � �. � . . SECTION 4 - SHOP STEWARDS AND OFFICIAL REPRESENTATIVES 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. The Union shall designate three (3) representatives who shall be allowed time off on County time up to five (5) hours per week per representative, for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Employee Relations Officer or other management representatives on matters within the'scope of representation or for the reasons as provided in 4.1 .a-e. above. In order to minimize disruptions due to the representative's absence, the representative will coordinate known work assignments with his/her Division Manager; and, to the extent possible, the Department will coordinate events within the representative's scope of responsibility which may arise during the representative's absence. 4.3 Social Service office Stewards. The Union may designate three (3) stewards in the Department of SEW 535 SLS - 12 - 1999 - 2005 MOU SECTION 5 - SALARIES Employment & Human Services who may be allowed to attend meetings held on County time for the purposes provided in 4.1 .d above. In order to minimize disruptions due to the steward's absence, the steward will coordinate known work assignments with his/her Division Manager; and, to the extent passible, the Department will coordinate events within the steward's scope of responsibility which may arise during the stewards absence. 4.4 „p .ment„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 SEW Local 535.- October 35:October 1 , 1000: 5.0% increase October 1 , 2000: 3.0% increase October 1 , 2001 : 4.0% increase October 1 , 2002: 5.0% increase October 1 , 2403: 3.0% increase October 1 , 2004: 3.0% increase A five percent (5%) Lump Sum Pay will be calculated for all eligible earnings. This includes SEW 535 SLS - 13 - 1999 - 2005 MOU SECTION 5 - SALARIES employee regular pay, overtime pay and specific other earnings computed as a percentage of base pay from 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. S. Effective October 1 , 1999, the County agrees to increase the base pay of the Social Work Supervisor 11 classification by three percent (3%). 5.2 New Pay Equity Master Agreement. The County and the below listed Employee organizations which participated in the Pay Equity Study jointly agree to provisions in this new Pay Equity Master Agreement executed in May 1995. In executing this agreement, both the County and the participating Employee Organizations (CCCEA Local One, AESCME Locals 2700 and 512, SEIU 535, California Nurses Association, Western Council of Engineers and the Appraisers' Association) state their intent that (1 ) the provisions of the Pay Equity Master Agreement contained herein shall stand separate from other terms and conditions SEIU 535 SLS - 14 - 1999 - 2005 MOU j ° � . , . - � � e � ' � $ ■ � f : . , e f � f e e _ - e , � ■ � e e e � f $ � � � � � @ e - �� - > � - ■ . � , � . ■ � � � ■ , e , e _ ■ � . � # e ■ ? f m @ ■ � � . » e . � _ e � � . \ � f e ■ . . ■ � � e^ \ - � , ■ \ � � y � � . � e ^- f . . � . ,' � - e - � � ¥ . � � � � ■ ' . � : , � � e f f � � e e , :■ . � � - e - $ � ¥ $ _ $ � e - � � a � f e : . . f , . f e � � � � ^ » , e � - - .e ee . e � . : . � ® . � - ■ � � ± . � . . _ ■ �� � . : . , � e - # - 2 f ■ � � , � e � � � e \ � : . $ � � e � e ■ . . e f � © � . - � # � . m �@ � ` ® - e e^ � t � ® � ■ � ' e \ $ $ ¥ ■ � � � _ , _ � $ , $ � , e : � ■ � � ■ � � ee - � @ e , � � ■ � < 4 $ � � � � . e � # � : � e � � � � ` e � ^ - . ■� � ' a ' - a � � e , - � � � � � f � � , f ® � w . e ■ f � � ' � @ � ■ $ � � % gee $ e # � � ` ■ � _ ■ -■ , ~ f � ■ � � « � ` $ _ � ■ � ■ \ � ■ ■ f � � e _ . _ � e � , $ � 2 � .e _ � # e , $ _ � 2 $ � - e « _ ■ $ , e � � � e f e � - e � . � . � : - \ _ � - � f � , e � � e . . . � \ . f © _ * �e � . - $ � e � - . - � e � - $ � . . � � � - ■ � - . . . . _ � _ ems - e ■ ■ � � e . . � � . . � _ � � 2 � f . � � $ � » . � $ � . ■ � . - $ � . ' e . . � - $ $ _ ■ � �#� � _ \ , of � e e . � e , . � e e . � - . � � . _ � e � - of - � � � � � � � �? - $ � _ � � � 2 e � � e - _ � , ■ e � ■ � � ' ■ � � � e , � � e � ■ ■ - f @ a , � _ ■ � � . > � � ■ . - @ - � . � � � � � � " ! . # ■ e . SECTION 5 - SALARIES AFSCME Locals 2700 and 512, SEIU Local 535, California Nurses Association, Western Council of Engineers and the Appraisers' Association) and Management and Unrepresented employees, shall be totaled and multiplied by a factor of twenty percent (20%). The fixed amount of money derived from this calculation shall constitute the total pay equity increase for all classes below the trend line represented by the participating Employee Organizations and for all Management and Unrepresented classes below the trend line. The manner in which the pay equity increase will be distributed to all represented classes below the trend line shall be determined by the participating Employee Organizations who shall consider only (1 ) whether classes farthest from the trend line shall receive a greater percentage adjustment than classes closer to the trend line, and (2) at what percentage distance below the trend line to apply any differing percentage adjustment. If upon review, the County finds that the manner in which the Employee Organizations have structured the distribution is unacceptable, the County and the Employee Organizations shall meet and confer. 4. Effective Dates. The County agrees that any pay equity increases will be effective 90 days from the effective date of any general salary increases. SEW 535 SLS - 16 - 1999 - 2005 MOU # # ~ f e $ e � � e � � . ■ $ e � . ■ ■ , / ems $ � e e _ - ■ . . e , . e � e � � « � . e ¥ \ ■ � _ e � � � � _ � � � \ - . _ ■ � f � « � ° � e � � f f e � - �� * � e , e � ■ � � � @ # � e � , ■ � e � � e � e _ f e � � _ . � e � e e � ■ _ \ � � \ e » e , � ■ - � ' : f - . ® � ' � � � 4 ® � f � . � ` . - , � . $ � : � , . � f \ . �¥ ■ » f ■ � . � $ - - � f e » � « * � � ■ � « � e ■ � ■ e � � e � � t � - e $ ® e � , , � , � � ® � ® � f ' ■ ■ ' e � . � e � e � ■ � � e \ ` . : ' . � ® . . . § � � - � , - , < ■ , e e � f ■ \ , e e ■ , » `� �� $ $ $ e e � ® « ■ � ■ e» @ t e � � t e � . � e � f ■ � � e � e - - � � ■ � � . � � ^ $ � # ■ - , ■ ee - e � - . T ■ $ ` � ' . - - � � ® � - < � ■ ^ � - * $ � � �� � , � � � � � . e ■ e e � �* . � t � ■ ■ e � � � - \ � . e - e - f - e e e . ■ . qp . . $ ■ $ � � « � # � ■ ■ � � � f � � � e - � _ « f � ■ , � - $ ■ � # � ■ e . e � e e � e - f e - ^ . f ■ � � � ° f - \ ® - t ° SECTION 5 - SALARIES successfully completes six (5) months service provided however, if an employee began work on the first regularly scheduled workday of the month the anniversary date is the first day of the 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. Reemployments. The anniversary of an employee appointed from a reemployment list to the first step of the applicable salary range and not required to serve a probation period is determined in the same way as the anniversary date is determined for a new employee who is appointed the same date, classification and step and who then successfully completes the required probationary period. SEW 535 SLS - 18 - 1999 - 2005 Mott - f � e e . - ' � e - ■ e � � f e ■ � \ � f e # e e � , $ # � � � � . . � , ^ ■ � � f f e ■ < - � < - _ � : e � e < , � � � f■ ■ � e e \ _ � - � � - � _ � e , � . e . . . f � \ f f ■ � - - <� < � ee ■ ® e $ � � � � - ` e e e � ■ �e � « � ' 2 � � $ e . � . . � � ® ■ . _ � 2 f « . f $ � a e � ■ � ■ e f � . . ¥ - � ■ � e _ $ � ^ _ � e . . f � F-I I I © � � � � , _ . � ■ � � e , f e � , � ® � e e � ' f - � # e � f - � e ■ f - . _ - � e , . � 2 � � � � � ° , � � : . ' e ■ � - _ $ e ■ $ � - � - - � ® � � � # � � � � � f e e � , � - , e � t � - # \ ' � 2 ■ ® �e e � � � � - . � � � . . � , � � e 2 2 m � e ■ � - - : , � e - � e � f e ■ . � � - . � � � � # w � � � _ � e f � ■ _ ' - � , ■ f e � , � fe e � � � , . - ` . e e tz, 4 e 1 e e # - e ■ f $ ■ . . � $ � - e � � ¥ � f e � - � ee % 2 � � $ ■ e \ e � . � e � � � , � ' �e � ® � e e - � �� e � � � ' � � e ■ ' � _ � e ' � $ e � f _ e e ■ + ` f � : e � - � e f . f $ e , - ■ ® $ f ® � » ■ ^ - ■ « - � # $ e ■ � � � e � e - ■ � � � ■ � e 2 - 2 . 2 � , ■ . - _ - _ ■ _ e - � � , � e f . ' e �_ ■ f \ � ~ - � . e � e � _ � - e , e � < : . � � • - f � , ■ ■ � e SECTION 5 - SALARIES. time, except as otherwise provided in deep class resolutions. In case an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review at some date before the next anniversary the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the County. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 5.6 Part-Time compensation. A part-time employee shall be paid a monthly salary in the same ratio to the full time monthly rate to which the employee would be entitled as a full .time employee under the provisions of this Section 5 as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the full time work schedule of the department. The Department of Employment & Human Services shall give reasonable consideration to requests for part-time assignments. 5.7 - Compensation for Portion of Month. Any employee who works less than any full calendar month, except when on earned vacation or authorized sick leave, shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such SEW 535 SLS - 20 - 1999 - 2005 MOU � $ e - - � e � � e � . .. � f ■ f e f e , .. . � � e � � � � _ � © $ $ � � . � f 2 - � e e - ? , ■ \ _ e � ■ � � � e � ■ - � � | ' , � � , � � t © � � � � - � � � ' � ' e ■ - f e � . - . � � � � e - e , $a � ■ . � . : . , ¥ . � � � # � � � � � � . � � � � _ . � . e � e ■ \ e � $ - ■ � f \ � - � � � � ` ® . � e f e � e � � f _ � ° � ■ $ f - # � _ . � f ^ ■ e f 2 � � . t � � fa \ $ f � ■ ©- a . \ \ . . \ � � , : . � � e � � e � , $ ■ . ^ a - e ■ _ . � ■ », � � ■ ■ � e - _ � e ' $ - ■ � � . . . . � ■ . ■ � � ■ ® � � � , e ■ . ® �, _ ^ � � � � ■ � � - �. # � e � � .® � � � f ® � � ® ' � � . � ¥ $ � ■ , @ ° � -. . , _ e , � ��. � ■ ® .� « � ee e � � . 2 - . � � � ■ e , : � � � � ` , ■ � .� e e � � � f - « � e _ � � � _ � © to Ta ' - � - f � � e * $ � . . - _ � � # ` f ■ e \ ■ of e � _ - . _ . 2e � � e � $ $ 2 � ■ $ . � ` e $ e � � ■ - : $ � . $ _ . � e ® e � ■ ` e . . . ... ... . . . ... , � , � , � ■ � � . � , & ■ - � e e � � e ■ - ■ , - e e � , $ � , ■ ■ » - e ■ t ■ � . � e . 2 � - » ® , fqFf ■ - e ■ t , ' e _ f , - :� ■ 2 ' qw w . � : : � , � , : ■ ■ ■ SECTION 5 - SALARIES was receiving in the range to which the class was previously allocated. If the reallocation is from one salary range with more steps to a range with fewer steps or vice versa, the employee shall be compensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before reallocation to the top step of the old range, but in no case shall any employee be compensated at less than the first step of the range to which the class is allocated. B. In the event that a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in Section 5.9.A above, each incumbent of a .position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. In the event that the steps in the new range do not contain the same rates as the old range, each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range, or if the new range does not contain a higher step, at the step which is next lower than the salary received in the old range. C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as above or below the salary range of the employee's previous class, the SEW 535 SLS - 22 . 1999 - 2005 MOU I ! ` w t ! I • I I - ♦ a I s SECTION 5 - SALARIES the employee is being appointed into a class allocated to a higher salary range than the Mass from which the employee was laid off, the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee's current step, whichever is higher. 5.11 Salary on Appointment From a Layoff List. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in an increase of less than five percent - (5%), in which case the salary shall be adjusted to the step in the new range which is five percent (5%) greater than the next higher step, if the new range permits such adjustment. 5.12 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.13, shall have his/her salary reduced to the monthly salary step in the range for the class of position to which he/she has been demoted next lower than the salary received before demotion. In the event this decrease is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided, however, that the next step shall not be less than the minimum salary for the lower class. whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted employee shall be that step on the salary range which he/she would have achieved had he/she been continuously in the position to which he/she has SEW 535 SLS - 24 - '1999 - 2005 MOU $ f - e � � e - a . . . .� ■ � � - � � . ° � ■ e - f ■ _ ° � ■ » - ■ - ® « f 2 - - � # e ff e . � � � a � � # � . ■ � � ■ � e _ . � . � � � � ■ _ � � - ■ � a - � � .� _ a � _ » ■ \ T e . � e - � e � - . � f \ - tee , ■ # e e ' . e - � 2 ' $ � � ± e # � - � f . ■ * � e � - $ � , , � , . e � # - . . . � � $ ■ W 4W 0 # . - . f ■ . a ® e $ ■ ^ ■ ■ e fe , ° � - . _ .� ■ $ � � � � � , $ # f $ .� . f : . . - . . � � _ � , � � : e . . � � , $ � �■ � f . � e � � e . � « e - ■ ee � f � ■ e ® � \ � a - e � � e � � � ' © fe e - � � � � ■ f ~ . _ � _ � a . � , _ � , � = 2 - $ . - ■ $ . � # - $ . . f � ± �, e - ■ ems e � � , � _ � e � - � f e � ' f e e � f ° � _ *~ e � � ■ � � � < ® e . . . - ? # � � - � » � » - - - . . . � , $ , . . � f � � ■ . � - 2 � . � f � e e � � # - ' e � � � , � $ �■ ■ - $ 2� � _ $ e � $ e � � \� « - ® ■ . - : . ■ ■ a `$ - $ � - e _ � e Is a - e e ■ ± - a e - - - $ t � ■ � _ : , f e . � ■ � . .e � � e - ® e � � � � § �� . \ - e f f � et . � e � e � � , $ e § ■ » � e . . f � . � � e - � � � � # ■ - 2 < . - - f � � � - . . : . . . , � ! � � ■ ■ � � ■ . SECTION 5 - SALARIES shall be set in accordance with the section on "Salary on Promotion" if the employee is transferring to another class or to a level in a deep class for which the salary is at least five percent (5%) above the top base step of the deep class level or class in which they have status currently. 5.15 Pay for work in. Higher Classification. When an employee in a permanent position in the Merit System is required to work in a classification for which the compensation is greater than that to which the employee is regularly assigned, the employee shall receive compensation for such work at the rate of pay established for the higher classification pursuant to Section 5.10 - Salary on Promotion of this MOH commencing on the 41st consecutive hour in the assignment, under the following conditions: a. The employee is assigned to a program service, or activity established by the Board of Supervisors which is reflected in an authorized position which has been classified and assigned to the Salary Schedule b. The nature of the departmental assignment is such that the employee in the lower classification becomes fully responsible for the duties of the position of the higher classification. C. Employees selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. SEW 535 SLS - 26 - 1999 - 2005 MOU 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 MOU. e. The appropriate authorization form has been submitted by the Department Head at least fifteen (15) days prior to the expiration of the seventeen (17) day waiting period and approved by the County Administrator. f Higher pay assignments shall not exceed six (5) 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 spacial 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 one year continuous employment, the employee, SEW 535 SLS - 27 . 1999 - 2005 MOU SECTION 5 - SALARIES upon satisfactory performance in the higher classification, shall be eligible for a salary review in that class on his/her next anniversary date. Notwithstanding -any other salary regulations, the salary step placement of employees appointed to the higher class immediately following termination of the assignment, shall remain unchanged. This provision shall apply to Short Term Nigher Level Reassignments in deep classes. j. Allowable overtime pay, shift differential and/or work location differentials will be paid on the basis of the rate of pay for the higher class. 5.16 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the preceding month; provided, however, that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3) or less, at the employee's option, of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. The election to receive an advance shall be made on or before April 30 or October 31 of each year or during the first SEW 535 SLS - 28 - 1999 - 2005 MOU # . • • # # r # # ' # +IIF • M � I M • � # !' ✓ s # # . # • # # . 0 • • ' r # # • r SECTION 6 - DAYS AND HOURS OF WORK fraudulently accrued over or underpayments are excluded from this section for both parties. When the County notifies an employee of an overpayment and a proposed repayment schedule, the employee may accept the proposed repayment schedule or may request a meeting through the County Human Resources Department. If requested, a meeting shall be held to determine a repayment schedule which shall be no longer than one and one-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 (5) eight (8) hour days; however, where operational requirements of a department require deviations from the usual pattern of five (5) eight (8) hour days per work week, an employee's work hours may be scheduled to meet these requirements, but his working time shall not exceed an average of forty (40) hours per seven (7) day period throughout an operational cycle, and the Department Head shall prepare written schedules in advance to support all deviations, the schedules to encompass the complete operational cycle contemplated. 6.2 Staggered Work Schedule. The Department of Employment & Human Services shall continue to operate a SEW 535 SLS - 30 . 1999 - 2005 MOU � # # # # • . 40 # qv 11 • 11 # ! ! SECTION S - DAYS AND HOURS OF WORK designee. Lunch periods shall be taken within one (1 ) hour of the midpoint of the employee's scheduled workday. e. Each work unit designated by placement under a single line supervisor shall have at least one line worker in the office during the hours of 8:00 a.m. to 5:00 p.m. Each such unit shall also have at least one additional line worker in the office or otherwise engaged in the duties of their positions during the hours of 8:00 a.m. and 4:30 p.m. There are two (2) situations in which exceptions may be made to these minimum coverage provisions. Units which are placed under a single supervisor but which are split between two (2) or more buildings may be clustered with another unit of a like program function in the immediate work areas of the same building for the purpose of maintaining minimum coverage during the time period between 4:30 p.m. and 5:00 p.m. A unit of three (3) or fewer workers may be clustered with another unit of a like program function in the immediate work area for purpose of maintaining minimum coverage, provided that the total number of workers in the units so clustered shall not exceed eight (8). f. Each employee's proposed staggered schedule must be submitted in writing and approved by the Department Head or designee prior to implementation. SEW 535 SLS - 32 - 1999 -2005 MOU SECTION 6 - DAYS AND HOURS OF WORK r . 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. 6.3 9/80 Schedules. The practice within the Department of Employment & Human Services governing the authorization for certain employees to work a schedule of eight (8) nine (9) hour days and one (1 ) eight (8) hour day in SEW 535 SLS - 33 - 1999 - 2005 MOU SECTION T- PAIN► PERSONAL LEAVE a two (2) week scheduling period shall continue, unless the parties mutually agree to changes in such practice. 6.4 4/10 Schedule. The Department of Employment & Human Services will implement a 4/10 work schedule in accordance with Labor-Management Committee finalized guidelines. The Department will meet and confer to discuss the impact of any unit exclusions from the 4/10 work schedule. SECTION 7 - PAID PERSONAL LEAVE Effective January 1 , 1997, employees in the Social Services First-Line Supervisors Unit will be credited with fifty (50) hours of paid personal leave to. recognize the fact that these employees do not and will not receive payment for overtime. Said fifty (50) hours must be used during the calendar year in which credited and may not be carried forward. This paid personal leave is separate from paid vacation and will be accounted for accordingly. Upon separation from County service, there shall be no payoff of unused personal leave credits. Administration of paid personal leave shall be administered in accordance with provisions of Administrative Bulletin 323. SECTION 8 - CALL BACK TIME, If approved by the County Administrator's Office, any employee assigned to the Emergency Response Program SEW 535 SLS - 34 - 1999 - 2005 MOU __ ..... :.... ...... _.,: .. ...:..:: .... Will r r, wr r r ! W s ! • :, ! ! ! ! r r r r SECTION I9 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT a. Completion of more than one and one-half (1-1/2) hours over the normal actual working time; or b. At least four (4) hours of actual working time from 5.00 p.m. through 9:00 a.m. inclusive. However, employees who have been regularly working a shift qualifying for shift differential immediately preceding the commencement of a vacation, paid sick leave period, paid disability or other paid leave, will have shift differential included in computing the pay for their leave. The paid leave of an employee who is on a rotating shift schedule shall include the shift differential that would have been received had the employee worked the shift for which the employee was scheduled during such period. Shift differential shall only be paid during paid sick leave and paid disability as provided above for the first thirty (30) calendar days of each absence. SECTION 11 - SENIORITY. WORKFORCE REDUCTION. LAYOFF & REASSIGNMENT 11.1 Workforce Reduction. In the event that funding reductions or shortfalls in funding occur in a department or are expected, which may result in layoffs, the department will notify the union and take the following actions: SEIU 635 SLS - 36 - 1999 - 2005 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT 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 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: SEIU 535 SLS - 37 - 1999 - 2005 MMU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT 1 . Maintain an employee skills inventory bank to be used as a basis for referrals to other employment opportunities. 2. Determine if there are other positions to which employees may be transferred. 3. Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. 4. Establish workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. g. When it appears to the Department Head and/or Employee Relations Officer that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit, the Employee Relations Officer shall notify the Union of the possibility of such layoffs and shall meet and confer with the Union regarding the implementation of the action. 11 .2 Separation Through Lavoff A. Grounds for LaAny employee(s) having permanent status in position(s) in the Merit System may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, SEIU 635 SLS - 38 - '1999 -2005 MOU SECTION 19 - SENIC3RITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT lack of funds or for such other reason{s} as the Board of Supervisors deems sufficient for abolishing the position(s). B. Order of Layoff, The order of layoff in a department shall be based on inverse seniority in the class of positions, the employee in that department with least seniority being laid off first and so on. C. Layoff By Displacement. 1 . In the Same Mass. 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. Maid off or displaced employee who had achieved permanent status in a class at the same or louver 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 Disgiacing. SE1U 535 SLS - 39 - 1999 - 2005 MOU # • # • '� # # • • � w lw W 4p • • # • l 111 ' • # # # • � • # � < ■ - � . . .■ � � � � . . ' \ ■ \ ■ � ■ � 2 � ee - t � � e _ � e e , . � ' e � � ■ . ® � ■ - e ^ # � , © � ■ � � # ' . � » ■ � . , , . - e ' f ' •. ■ � ' ® � ' . . , � , � ■ ■ a ` e � - � . # � � - ■ ' � � � 2 � _ $ . . � � $ \ � � _ � � � - � e » 2� - ■ . . : $ f � � ? ® ' � � � � \ ■ e : ' - � f � e �_ - e �$ � f � ef ` e . � < � e � � � , . e e ■ � - \ ® * _ e � � e e . of - ■ � , � � e f . , � f f e m � $ � f $ $ � ^ e � e . 2 e - ■ � f _ ■ e e ■ , f � # ~ � � e f $ � � - $ - � ■ � - < r < � - _ � � � e � - e - t $ � � . - � e � � f e # . � . _ � � $ � � � � � � - � . - _ ■ e e - ■ . . ® - � ■ � ■ - � � - ■ , e . � e �� � _ � � © ® � a � . � . ` ® � : . : : . - � : . � � � - � ■ - � � � . « f ■ 2 ef � e . , § . ' . - e � , . e , � e e � ■ _ ' � �- < $ � $ ■ � � � ■ ' � ■ � � 3 f � # e . - f . . . � \ e � ■ . $ f � � � ' . . e - � e ■ � � � � ® - ■ a » e § ' $ , � . ■ . . . e ■ � e e - # e - : � � e � . . - � � � \ . t » - $� � e � � � - . . ■ � . e . � » � : - � ■ e ■ of , ` e fe � ` - � ee - - . f � � � e a - e � � e f � _ T ■ # � e � � - e - � ■ e ■ , . e - e e . ' ee � e % e � , . � . $ ■ # - ° � 2 , � ■ ■ e f ■ ■ 2 � ' \ ` \ � � e � e , e � � � , e e � � . �. � f � e - e ■ e � # , � �� # � � % � f $ � � � ® � $ l < e , . . - e _ 7 , � . � ? e . ` . � e � . . f � e ' e e � f ■ f e . e - © � ® � : . ® . � . ®� � - J @ �. e e - ® e < � . f � ¥ $ f $ � � f e � e � � e ■ . , � . � � 2 , � $ � � - � ■ - - � _ � - - � � ■< � - � . � . . : � , . ■ a � e SECTION 91 .. SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT Any remaining ties shall be broken by random selection among the employees involved. F. Eligibilit fy or Layoff List. whenever any person who has permanent status is laid off, has been displaced, has been demoted by displacement or has voluntarily demoted in lieu of layoff or displacement, or has transferred in lieu of layoff or displacement, the person's name shall be placed on the layoff list for the class of positions from which that person has been removed. G. Order of dames on Layoff. First, layoff lists shall contain the names of persons laid off, displaced, or demoted as a result of a layoff or displacement, or who have voluntarily demoted or transferred in lieu of layoff or displacement or who have transferred in lieu of layoff or displacement. Names shall be listed in order of layoff seniority in the class from which laid off, displaced, demoted or transferred on the date of layoff, the most senior person listed first. In case of ties in seniority, the seniority rules shall apply except that where there is a class seniority tie between persons - laid off from different departments, the tie(s) shall be broken by length of last continuous permanent County employment with remaining ties broken by random selection among the employees involved. H. Duration of Layoff and Reemployment Rights. The name of any person granted reemployment SEIU 535 SLS - 42 - 1999 - 2005 MOU _.. . . . . # - � � . ■ ! � 33 . x � , ■ • � ■ Z ■ f e ' ^ � , ■ . ' $ ^ ` , $ e e e , - 2 e � a � ^ a a � � � a < f = � ® 2 ^ � e � . - $ � � � � � . . � � e � � � ¥ e - , e e # e , � � , e � � ■e a ■ . � � . . . .. . ■ « � � \ $ � . ^ � $ � � $ . 2 � ■ . . e , - , � -. e « - e _ ■ e ■ � e � � - $ $ $ � $ � � e ■ � e � e , � � � - � e e � . e 2 $� f ■ � � � � e � � @ e e . e � � 2 � . e � » ^ � � - ■ - # � # � e e e � � � � f f � , - e ' e $ - � � e � � ' � � - t - e � a m � ■ e # � � e , . $ � $ , @ - � � � � � � e � � � ^ f e e _ . . � « � # e ^ - � e ■ e e - ` ■ . - � * ^� . ~ � � $ � ee $ � � e $ � e m a � � , e � » . ■ .- e � ■ � � - . \ ' � _ � - $ f # #� � � e f � � � f - e � ■ . � e - ■� � ' � e � 2� , � ` ■ # � - � � � . $ e \ f � ■ e ■ � e _ � # � < � - < f f » # � $ ■ e � . � * 2 $ � ■ - � e - § ■ � � » e � \ e , e * ; . e � � e - ■ e ■ � ■ � � $ f ee ® e � � ■ � - � ee f ® ® � » e ` . � � - ■ f , e ■ e � - ■ _ � � < � � - 2 , $ � � _ :» , � . e ' � - � e e f f - e @ � ± ■ - � $ « . e ® - $ � ■ � e � � � - e e � � - $ � - ■ � � ■ ■ . � � � - . � # . � § � . - � � e »� : . - � , � ' e , � f � e ■ - � � e . � , � f � ~ $ ■ - � � ■ � e 2 e , � ` _ \ e � � � ■ « � $ . . . . . , , , . . ■ ■ �� � ■ SECTION I I - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT a. For any cause stipulated in Section 404.1 of the Personnel Management Regulations. b. On evidence that the eligible cannot be located by postal authorities. c. On receipt of a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for appointment in the class. d. If three (3) offers of permanent appointment to the class for which the eligible list was established have been declined by the eligible. e. If the eligible fails to respond to the Director of Human Resources or the appointing authority within ten (10) days to written notice of certification mailed to the person's last known address. 2. If the person on the reemployment or layoff list is appointed to another position in the same or 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 SEIU 535 SLS - 44 - '1999 - 2005 MOU 01;M .o - \ « ■ ■ 2 . � � . _ \$ e . 'e . � . ■ � � _ ^ ` e ■ © � m $ ■ - � � � . . e . . . . . ` f f ` ® ^ - � _ e e �� � f � � � f # � - ■ f � e � . � , e ` e - f ee _ e e ■ ° ~ m e� . #� $ e ' - ■ � _ * . . - ■ e v $ f ■ ~ , � t � e � e � � � � 2 �# � �� f ■ ■ . f . . � ■ ¥ ■ ^ ` � � , $ � ? - ■ � 2e e � , ® fwe � � * . - � , � ■ � � � ■ e e . . . . � e , ° e _ . � . e f e - � ■ � - - $ � ■ - e - ` � : � . � e . � , ■ e �' � » _ e e ■ ` - ^ e ■ f � � f e . - e e _ � e _ � � � ? f $ « ■ ° ■ � e ~' ■ e !I ■ _ � � � ■ � , . . . . �� e e . � f. � � � ■ e . . � . .. $ f . - � , - . e � _ , a ■ � � $ � t � $ e � - \ e f � � � � # e � � . � ^e e e � ? - � � < ■ - �. ._ ■ � f ■ � e - #■ ■ . ® ' e » � e � � ' ■ e # * � � � e � � � � e , . � e � e � . � - . _ » � � eee � ■ � � » e � - . � - ■ $ _ < � : . e _ � . e � � ® - �� � , �- �� « , � ■ . � � � e '. : . # $ . - - . � e e # _ ^ f■ � � . , � � . , . � � �e ^ e � - � e ■ � . � f e � - � f � .» . ° , , ■ $ � , � e , , , < ■ ■ � ■ SECTION 92 - HOLIDAYS voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a position of another status than that from which they were laid off upon referral from the layoff list, may request reassignment back to their pre-layoff status (full time or part-time or increased hours). The request must be in writing in accord with each department's reassignment bid or selection process. Employees will be advised of the reassignment procedure to be followed to obtain reassignment back to their former status at the time of the workforce reduction. The most senior laid off employee in this status who requests such a reassignment will be selected for the vacancy; except when a more senior laid off individual remains on the layoff list and has not been appointed back to the class from which laid off, a referral from the layoff list will be made to fill the vacancy. 11.6 Further Study. The County agrees to meet with the Labor Coalition for study of the concept of employee's waiver of displacement rights in a layoff. SECTION 12 - HOLIDAYS 12.1 Holidays observed. The County will observe the following holidays: A. January 1 st, known as New Year's Day Third Monday in January known as Dr. 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 SEW 535 SLS - 46 - '1999 - 2005 MOU . . . � . ■ . ■ : . ■ » 4 � ,«� � ° , � � � � ; ` ■ _ . . � e � � ■ � . _ f � ■ , e e ■ - e . _ do - e ■ - $ _ ■ ■ �� - e ■ f � ■ � . ` e �� \ e - ■ - . . . ■ . ° « \2 < _ e ■ - ° - t f � of : � ® - ■ ■ � . . _ « f � � - � e f ■ ■ < � . � _ \ �$ � $ � , �a � 2 - e �. � - � e - ■ � - , : t� : e � e � � ee � ■ f . � ■ f � � e e ` - � � � � � f � ■ f � _ � �■ � e , . � . � ■ � - ■ $ - © ■ � _ ° e $ � � . - e � ' : , � � � e e � e - � � » � � e ■ � . 2 - ■ e f � f ' ■ # - - . - 1 . . . . e - � $ � e \ ■ f � - - « � 2 � ■ � � � ' . . ■ � f - . . y ' e - � - , . � e . ° . . . . ems ■ � e � � m � - e . � � - : - ■ - ■ $ « f ® § � � � � . ' ' $ - � e � � a e , . - e . e � e e � � � � � ^ e � 2 - . � ■ � # ® ® » � - f � � , � ■ f $ $ - - _ - . � - « - � . . � e © @ � e . e e - � � ■ , ■ . e � *e � . ® ■ » <, , ` ■ e - : ■ - e , < ` . ^ e e '- � � ■ $ 2 # . � � � e � � � e . $ � ® . ■ � , . e ® ■ 2 ` ■ » - � a � : e � , .. e ■ ■ ., . . , $ . e � �� e � . � � > . . . . . � � f : ■ ■ ^ � � $ SECTfON 13 - VACATION LEAVE 12.2 observation of Holidays Falling on Saturday or Sunday.dna r. 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. SECTION 13 - VACATION LEAVE 13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based. upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1 ) hour calculated on the same basis as for partial month compensation pursuant to Section 5.7 — Comp nsation for Portion of Month of this MOU. Vacation credits may be taken in 1/10 hour (6 minute) increments. Vacation 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 Lavoff 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 months tenure in a permanent position for the purpose of SEW 535 SLS - 48 - '1999 - 2005 MOu SECTION 13 - VACATION LEAVE 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 Ander 15 years 10 240 15 through 19 years 13-1/3 320 20 through 24 years 10-213 400 25 through 29 years 20 430 30 years and up 23-1/3 500 Employees in permanent part-time and permanent- intermittent positions shall accrue vacation benefits on a pro- rata basis as provided in Section 35-1 .000 of Beard Resolution 3111155. 13.3 Vacation Accrual During Leave Without Pay. No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent Without pay accrue vacation credit during the absence. 13.4 Vacation Allowance for Separated Employees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. SEW 535 SLS -49 - 1999 - 2005 MOU SECTION 94 - SICK LEAVE 13.5 Vacation Preference. Preference of vacation shall be given to employees according to their seniority in their department as much as is reasonably possible. SECTION 14 - SICK LEAVE 14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by the County and may be used only as authorized; it is not paid time off which employees may use for personal activities. 14.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the rate of .eight (8) working hours credit for each completed month of service, as prescribed by County Salary Regulations. 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 (8 minutes) increments. Unused sick leave credits accumulate from year to year. When an I employee is separated other than through retirement, accumulated sick leave credits shall be cancelled, 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. SEW 535 SLS _ 50 - 1999 - 2005 MOU & $ _ � . . � $ � � , � � - � $ $ � - � . � , ' ■ � » - _ � f � . e � f fe � ■ - - � s � e � ® - � . � ® ® � e � . � � e e e _ ■ ^ f e , . - , ; . - , a ° ■ � _ & < # ' & # \ � ; / _ & e . ® e , e ■ - - ■ e ■ e � - � : . . \� . � $ . , , , $ _ - . # ° e � e � « � � � ■ e � - . , , . ' � - : ■ � � ■ � � � e f # ® § � e � � � f e ■ $ e - e _ e ■ . y e _ . . - - ■ e < $ \ f # e - e - e � e e , e � . � f ■ $ _ ■ � � _� ' . - e , . � ■ � - _ � . . $ $ � $ ■ � e ■ _ ® e , e � e . $ � e � � . e . ■ � e � ■ e $ � $ . . � � e . - e ■ e - � . . � e � � - e ■ ■ � � #, � ' ■ � � � ^ # e � - � a e � ■ + : _ . $ . $ . . $ . . $ . . $ e . , ■ , ee - «, # e ■ f� ■ . e » , ` e , , # - ■ fe 2 e ' e ■ ■ ■ . #a f < e . f f � ■ e �� ■ ■ � f � � - � � � ■ * : $ � e ■ � ■ e \ e � . ■ . - $ . , $ w� 2a $ ■ e f . e . e e e - ■ e � e \� e . � . � � � � - ■ . � � ■ � � ■ � ■ - ■ - ■� � $ f � : , a ■ \ ■ $ \ e � ' _ ©$ . : . ■ � \ $ _ � . y _ $ , � $ � : . � . � $ � $ � , � � § � � � � \ \ � e ¥� � - ' � f of #, . . f � ~ ■ . � ® ■ $ . f . . . . . - _ . - < �■ . - . fe e � ` e , $ f SECTION 14 - SICK LEAVE statement in non-technical terms from the employee regarding inability to work due to injury or illness is sufficient. Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: a. Temporary Illness or lnjury of an Employee. Paid sick leave credits may be used when the employee is off work because of a temporary illness or injury. b. Permanent Disability Sick Leave. Permanent disability means the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which the employee is qualified by reason of education, training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: 1 . An application for retirement due to disability has been filed with the Retirement Board. 2. Satisfactory medical evidence of such disability is received by the appointing authority within thirty (30) days of the start of use of sick leave for permanent disability. 3. The appointing authority may review medical evidence and order further examination as SEW 535 SLS - 52 - 1999 - 2005 MOU SECTION 14 - SICK LEAVE deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. C. Communicable Disease. An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a communicable disease. d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused , or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability under the conditions set forth below. 1 . Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability 'from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the SEW 535 SLS - 53 - 1999 - 2005 MOU SECTION 14 - SICK LEAVE disability as well as the date the physician anticipates the disability to terminate. 2. If an employee does not apply for leave and the appointing authority believes " that the employee is not able to properly perform her work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery therefrom the employee shall be required to undergo a physical examination by a physician selected by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3. Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. e. Medical & Dental Appointments. An employee may use paid sick leave credits: For working time used in keeping medical and dental appointments for the employee's own care; and SEW 535 SLS - 54 - 1999 - 2005 MOU SECTION 14 - SICK LEAVE 2. For working time used by an employee for prescheduled medical and dental appointments for an immediate family member. f. Eme rgengy Care of Family. An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. g. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family or of the employee's domestic partner, but this shall not exceed three (3) working days, plus up to two (2) days of work time for necessary travel. Use of additional accruals including sick leave when appropriate, may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. h. Legal Adoption of a Child. Paid sick leave credits may be used by an employee upon adoption of the child. L 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 SEW 535 SLS - 55 - 1999 - 2005 MOU SECTION 14 - SICK LEAVE extenuating circumstances exist and the appointing authority approves. 2. Not in Pav Status. Paid sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status. 14.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of the employee and the department head. The following procedures apply. A. Employee Responsibilities. 1 . Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2. Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work. 3. Employees are responsible for obtaining advance approval from their supervisor for the scheduled time of pre-arranged personal or family medical and dental appointment. SEW 535 SLS - 56 . 1999 - 2005 MOU . ■ � � . . . . . ■ - #, ^ - � ■ � - e ■ � f . f - � $ � _ ef � a \ ` � � � - , ` - � 2 ■ e . - � � � $ f e � : � $ � � e . , ■ � $ # © � ■ : 'e ' e � e ■ ° � f � : � ■ \�� e � � , e ■ e ' � e f ■ tee , f � - . e - . . � ■ . , � . KUM � � � ee ■ - $ ° � � e � ■ ■ - � � ' $ m � f ■ � � � . f # e fe . f � , � - e so ■ , � $ ■ � e , . . . f l� � e e � # � ■ � � . - � f . , . - � � e - � � � . � ` , ■ e ■ - . e 2 f , � � � � � _ . ■ � $ $ � � e � t � �� e f � e ■ . � f � ■ ° � ® � � f e ` e , � � � , . �a � ' � - ■ � f � \ ■ � ■ - ■ f # � °� � $ . - . - 2 ■ f a . � f* e � e ■ , ° ■ e ee � e � _ f , , � $ - . . . $ $ ff e - ■ - - : , � � ■ � - � � � . ■ f � ■ f ® e e � ■ . . ■ f ■ e � - ■ � , � - - e e � ` � � ¥ e ■ $ f e ■ . � ' f e e - - � f ' e ■ 2 � ■ ^ _ e _ < � e � , e - � � � �■ � ■ _ - � SECTION 14 . SICK LEAVE These inquiries shall be subject to any restrictions imposed by the employee under Section 14.4.A. 2. Obtaining the employee's signature on the Absence/Overtime Record, or on another form established for that purpose, as employee certification of the legitimacy of the claim. 3. Obtaining the employee's written statement of explanation regarding the sick leave claim. 4. Requiring the employee to obtain a physician's certificate or verification of the employee's illness, date{s} the employee was incapacitated, and the employee's ability to return to work, as specified above. 5. In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as specified above. 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. SEW 535 SLS - 58 - 1999 - 2005 MOU l « « • ! « Opi • SECTION 14 - SICK LEAVE such examination. If the examining physician or psychologist recommends that treatment for physical or mental health problems,, including leave, are in the best interests of the employee or the County in relation to the employee overcoming any disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due to temporary or permanent disability shall be without prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee is entitled other than regular salary. The Human Resources Director may order lost pay restored for good cause and subject to the employee's duty to mitigate damages. D. Before an employee returns to work from any absence for illness or injury, other leave of absence or disability leave, exceeding two (2) weeks in duration, the appointing authority may order the employee to undergo at County expense a physical, medical, and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. If the report shows that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as he/she deems necessary in accordance with appropriate provisions of this MCU. SEW 535 SLS - 60 - '1999 -2005 MOU SECTION 14 - SICK LEAVE B. Before an employee is placed on an unpaid leave of absence or suspended because of physical or mental incapacity under (A) or (B) above, the employee shall be given notice of the proposed leave of absence or suspension by letter or memorandum, delivered personally or by certified mail, containing the following: 1 . a statement of the leave of absence or suspension proposed; 2. the proposed dates or duration of the leave or suspension which may be indeterminate until a certain physical or mental health condition has been attained by the employee; 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. SEW 535 SLS - 61 - 1999 - 2006 MOU SECTION 14 - SICK LEAVE G. The employee to whom the notice has been delivered or mailed shall have seven (7) work days to respond to the appointing authority either orally or in writing before the proposed action may be taken. H. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension in writing stating specifically the basis upon which the action is being taken, delivering the order to the employee either personally or by certified mail, effective either upon personal delivery or deposit in the U.S. Postal Service. I. . An employee who is placed on leave or suspended under this section may, within ten (10) calendar days after personal delivery or mailing to the employee of the order, appeal the order in writing through the Director of Human Resources to the Merit Board. Alternatively, the employee 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 SEW 535 SLS - 62 - 1999 - 2005 MOU SECTION 14 - SICK LEAVE . the physical or mental health condition does exist, but it is not sufficient to prevent, preclude, or impair the employee's performance of duty, or is not sufficient to endanger the health or safety of the employee, other employees, or the public. K. If the appeal is to the Merit Board,. the order and appeal shall be transmitted by the Director of Human Resources to the Merit Board for hearing under the Merit Board's Procedures, Section 1114- 1128 inclusive. Medical reports submitted in evidence in such hearings shall remain confidential information and shall not be a part of the public record. I..: If the appeal is to a Disability Review Arbitrator, the employee (and his/her 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. Bcoge o Arbitrator's Review. 1 . The arbitrator may affirm, modify or revoke the leave of absence or suspension. SEW 535 SLS - 63 - 1999 - 2005 MOU SECTION 14 - SICK LEAVE 2. The arbitrator may make his/her decision . . . . . .. _........ . .. . . .... . based only on evidence submitted by the County and the employee. 3. The arbitrator may order back pay or paid sick leave credits for any period of leave of absence or suspension if the leave or suspension is found not to be sustainable, subject to the employee's duty to mitigate damages. 4. The arbitrator's fees and expenses shall be paid one-half by the County and one-half by the employee or employee's association. M. It is understood that the benefits specified in Section 14 — Sick Leave and Section 15 -- Workers' Compensation shall be coordinated with the rehabilitation program as determined by the labor- management committee. N. No employee who has been granted a leave without pay or unpaid military leave shall accrue any sick leave credits during the time of such leave, nor shall an employee who is absent without pay accrue sick leave credits during the absence. SEW 535 SLS - 64 - 1999 - 2005 MOU r � � � i " i i i ^ . ' i ! i � � • � i � � � • • . - • i ,. • i i " � . i � it - - ` r s i .. i . i ' i • i i . " . 10 10 � • r • i i • ! i « • . i w .. • i i + ,. • ii i SECTION 15 - WORKERS'COMPENSATION AND CONTINUING PAY California Labor Code. When any disability becomes permanent, the salary provided I in this Section shall terminate. The employee shall return to the County all temporary disability payments received by him/her from any County funded wage replacement program. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which salary payments are made. The maximum period for the described salary continuation for any one injury or illness shall be one year from the date of temporary disability. B. Continuing Pay. A permanent employee shall receive 86% of regular monthly salary during any period of compensable temporary disability not to exceed one year. All continuing pay under the Workers' Compensation Program will be cleared through the County Administrator's Office, Risk Management Division. "Compensable temporary disability absence" for the purpose of this Section, is any absence due to work connected disability which qualifies for temporary disability compensation under Workers' Compensation Law set forth in Division 4 of the California Labor Code. When any disability becomes medically permanent and stationary, the salary provided by this Section shall terminate. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for SEIU 535 SLS - 66 - 1999 - 2005 MOU :::::........... ..v..N N.. SECTION 15 - WORKERS`+COMPENSATION AND CONTINUING PAY 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. C. Full Pay Beyond One (1 ) 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 employee as prescribed by Workers' Compensation laws. SE1U 535 SLS - 67 - '1999 - 2005 MOU SECTION 15 - WORKERS'COMPENSATION AND CONTINUING PAY D. Rehabilitation Integration. An injured employee who is eligible for Workers' Compensation Rehabilitation Temporary Disability benefits and whose disability is medically permanent and stationary will continue to receive his/her applicable salary by integrating sick leave and/or vacation accruals with Workers' Compensation Rehabilitation Temporary Disability benefits until those accruals are exhausted. Thereafter, the rehabilitation temporary disability benefits will be paid directly to the employee. E. Health Insurance. The County contribution -to the employee's group insurance plan(s) continues during the continuing pay period and during integration of sick leave or vacation with Workers' Compensation benefits. 15.2 Method of Integration. An employee's sick leave and/or vacation charges shall be calculated as follows: C W 8 [1 - (W ) S)] C = Sick leave or vacation charge per day (in hours) W = Statutory Workers' Comp. for a month S = Monthly salary 15.3 State Disability. 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 SOU 535 SLS - 68 - 1999 - 2005 MOU i ` w • # r ` • i ` s r • r i .. r ob ; • r • • # r t • Mr • # • .OF * i r • '`` '� r • w r r r of ' • i � ` • i w w w a r i • • i! r r • • ^ r • • r w i w • � i OWF SECTION 15 • WORKERS'COMPENSATION AND CONTINUING PAY sick leave may be used. These accruals may be used only to the extent that total payments do not exceed the employee's base monthly salary. 15.5 Procedures. Employees with more than 1 .2 hours of sick leave accruals at the beginning of the disability integration period must integrate their sick leave accrual usage with their SDI benefit to the maximum extent possible. When employees have 1 .2 hours or less of sick leave accruals at the beginning of the disability integration period, the department shall automatically use 0.1 hour of sick leave per month for the duration of their SDI benefit. When sick leave accruals are totally exhausted, integration with the SDI benefit terminates. An employee may use any other accruals without reference to or integration with the SDI benefit. When the SDI benefit is exhausted, sick leave integration terminates. Then the employee may use sick leave or other accruals. Employees with no sick leave balance at the beginning of the disability integration period may use any other accruals without reference to or integration with the SDI benefit. 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. SEW 535 SLS - 70 - '1999 - 2005 MOU » ■ - llkf _ < - z ■ • , 2■ � $ $ _ � . - � $ � . : . . . - � - ■ � � - $ � # , � - � � � ■ . $ . .� � - � # e ■ e ■ - ■ » - f e ■ . � � e � $ # � _ � � : � e - f � ^ t ■ ■ ■ - f � � e � _ � . - ® ■ - - .. ®� .. .. e e , ■ ` e ® e e - ■ � � , � . _ ` e � � $ . ®\ ■ � \ 2 . ■ 2® �_ e ® e e , f ■ � ^ $ ■ . - ± e ■ ■ . of f e ® fie - $ $ f ■ . 2 - lw ■ � � . . e � e _ e _ � : � . . - - � e # t � � � - . � - . . e $ � e . f < ems ■ ■ - \ ■ ■ ■ e , _ - $ e � f ° ' ■ . - \ e2 . ■ f < � e e $ ■ 10 . � � . � $ � . � - $ � � � � � � � ■ f e ■ ■ � - ■ _ � e � ■ �� ■ � ' e e ` e , e � � �■ 2 : : e � e � $ ■ � » | � , ° _ � : , � , !� $ � _ � \� �, � : ■ � � . » ; � � ■ � ; - _ � , . a � � , � , � , ■ � ' _ � ; ; _ » , � . � ., - s , ■ , � � �. � .� , ■ < � -° - ■ � � , � ■ - _° ■ � . � . - � . : , ■ _„ _ ■ - ® ® . $ _ . e . . ■ # ope � � < - � . ¥ , : ■ ■ © � � ■ . � SECTION 15 - WORKERS'COMPENSATION AND CONTINUING PAY reduced schedule program shall have their sick leave integration adjusted accordingly. 15.7 Definition. "Base Monthly Salary" for purposes of sick leave integration is defined as the salary amount for the employee's step on the salary schedule for the employee's permanent classification as shown in the "Salary" field on the On-Line Payroll Time Deporting System used by departments for payroll reporting purposes. 15.8 Conversion to the New SDI Program. For all employees receiving SDI benefits prior to July 1 , 19949 conversion to the new SDI program operated by departmental payroll staff will be coordinated by the Human Resources Department, Benefits Division. All employee SDI benefit checks received in the Human :resources Department and signed over to the County by June 30, 1994, will be deposited and used to buy back the employee's sick leave, with sick leave credits appearing on the July 10th pay warrants insofar as possible. All Employee SDI benefit checks received, but not signed over to the County, by June 30, 1994, will be returned to the employee. All employee SDI benefit checks received after June 30, 1994, will be returned to the employee. In both these situations, no sick leave buy back will be made, regardless of the calendar period to which the benefit checks pertain. Program transfer to departmental payroll staff will be effective July 1 , 1994 for the month of July with the first computation of SDI benefits and integration with sick leave SEW 535 SLS - 72 - 1999 - 2005 MOU # ! " ! " ! • # ! ! ! rrte '" ! ,� ,. ' ! i � # ♦ � � � ! i 4 f M ! ♦ i I # ! a• # # # ! ! I ! # ♦ ! ! ! # as � ! # ♦ ! ! ` i ` � I ♦ ! ` or ! ! ! I ! ! ` ♦ ! ! i i ` ! ! M ! ` ! 0 ` • ' i ' i ' . i i i i • i i i • ! ' i • • ' . iii i � • i i i i ' i • . A i i . � � ,� i � i • i i i ' # i ' «. • # ' i i w # a • rt � SECTION 16- CATASTROPHIC LEAVE BANK D. Donations are irrevocable unless the donation to th.e-eVQible-employee is denied. Donations may be made in hourly blocks with a minimumdonation of not less than four (4) hours from balances in the vacation, holiday, floating holiday, compensatory time, or holiday compensatory time accounts. Employees who elect to donate to a specific individual shall have seventy-five percent (75%) of their donation credited to the individual and twenty- five percent (25%) credited to the Catastrophic Leave Bank. E. Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis. All computations will be on a standard 173.33 basis, except that employees on other than a forty (40) hour week will have hours prorated according to their status. F. Any recipient will be limited to a total of one thousand forty (1040) hours or its equivalent per catastrophic event; each donor will be limited to one hundred twenty (120) hours per calendar year. G. No element of this plan is grievable. All appeals from either a donor or recipient will be resolved on a final basis by the Director of Human Resources. H. No employee will have any entitlement to catastrophic leave benefits. The award of SEW 535 SLS - 75 - 1999 - 2005 MOU ......................................... SECTION 17 - LEAVE OF ABSENCE Catastrophic Leave will be at the sole discretion of -- _ the committee. both as to .amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six (6) months. The committee will be entitled to limit benefits in accordance with available contributions and to choose from among eligible applicants, on an anonymous basis, those who will receive benefits, except for hours donated to a specific employee. In the event a donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria, the donating employee may authorize the hours to be donated to the bank or returned to the donor's account. The donating employee will have fourteen (14) calendar days from notification to submit his/her decision regarding the status of their donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank. 1. Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. SECTION 17 r- LEAVE OF ABSENCE 17.1 Leave Without Pay. Any employee who has permanent status may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy, SEW 535 SLS - 76 - '1999 - 2005 MOU SECTION 17 - LEAVE OF ABSENCE pregnancy disability, serious health conditions, and family care shall be wanted in accordance with applicable state and -- federal law. 17.2 General Administration w Leaves of Absence. Requests for leaves 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 healthcondition; 2. pregnancy or pregnancy disability; 3. family care, 4. to take a course of study such as will increase the employees usefulness on return to the position; 5. for other reasons or circumstances acceptable to the appointing authority. B. An employee must request family care leave at least thirty (30) days before the leave is to begin if the need for the leave is foreseeable. If the need is not foreseeable, the employee must provide written notice to the employer within five (5) days of SEW 535 SLS - 77 - '1999 - 2005 MOU SECTION 17- LEAVE OF ABSENCE learning of the event by which the need for family care leave 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 17.5 below. E. Whenever an employee who has been granted a leave ' without pay desires to return before the expiration of such leave, the employee shall submit a request to the appointing authority in writing at least fifteen (15) days in advance of the proposed return. Early return is subject to prior approval by the appointing authority. The Human resources Department shall be notified promptly of such return. F. Except in the case of leave of absence due to family care, pregnancy, pregnancy disability, illness, disability, or serious health condition, the decision SEIU 535 SLS - 78 - 1999 - 2005 MOU < \ ■ � 2 « ■ � t � . e f , ■ ■ # � ■ , . � e $ , ^ � e e � e f � � ® � , � # � ® � � - ® . f - ' . - : � \ « � ^� . # $ - . . ■ - � . � - � e . \ - w ■ - � \« � , ■ ■ � � ■ - : . e _ ■ ■ t � � e � � 2 - $ � � . f e $ lf ■ ' . , � -$ � � � � @ � , ■ � ■ : � . . # . ' _ � - � . @ $ � � $ ■ - . . - e � ■ � - e « f � ' e � 6 a � � � ■ ■ - � e ■ � e � fe a . � - � . � - - $ - � e - . � - � , e � - . f # � � - & � � @ e � ■ e � � , � e e � $ � $ � � �� - � � # - e � � � $ _ � � � � � � � � e � . 2 ■ � ee a ■ ® $ e � + ■ e . e � # e . - ■ $ ■ ■ @ .. $ � _ $ .. . . $ - � @ �e � � e - ® ■ - $ � $ $ � - # - . - e , � � , .e ■ � - . � � . e ' � ® - � � � °� � , - � � ■ - $ � ® ■ _ � » - « � e < � - � � . e ■ � � ± � � , e e . / ■ � ` Q � - e � a f , , � � e � ` � , e e . : � � � � - # � # ■ e e , e - e v . � » e � . � ee �� - � _ ■ � f - e e � ■ � � * ■ ■ � � ■ f , � � e - - � � e e ■ ` ■ < � 2 � § _ �$ � � - � ee\ - - e � - \ � « , � e \ e � � e » e� < � � ■ e e � � $ � � � �. # - �� a $ $ ® � e ° � ■ - ' e � _ f e � � e a � m, e ■ \ _ e ° : � - . � � � � e e � � e � � e # , e � � - � � � � a ' \ . - � � - . � - f � � - $ © \ t , . � . e � : � , � � - f e e � f � e - ■ f � e m e � f e � f � _ : e � _ : � , $ < � . . $ ° � � «, $ e f e e � � � � ■ ■ . ee � f � ■ � ■ ' � � ^ � � ® ® ® � ® ° , , � � ■ � � - . e � � �� e � . � \¥ � f « » a e > � � • � • � ■ a � . e . . .. .... SECTION 17- LEAVE OF ABSENCE promotional examination, time on military leave shall be considered as time in Count -- 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. 17.5 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 leave (less if so requested by the employee) for: a. medical leave of absence for the employee's own serious health condition which makes the employee unable to perform the functions of the employee's position; or b. family care leave of absence without pay for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. 17.5 Medical. Certification. The employee may be asked to provide certification of the need for family care leave or medical leave. Additional period{s} of family care or medical leave may be granted by the appointing authority. SEW 535 SLS - 80 . 1999 - 2005 MOU � � � ■ � � ° • . � ■ � � » � . e ' � � e � ° $ ' e # \ . \■ �ƒ � ■ . - ■ » e � - e _ a � e ° » e � me . - $ � e f ■ . � � ■ � � � � ■ e ■ � � . $ f . . � . . ® ° � ■ � $ - - e � ■ e e e � ■ � e , ■ e . ' ■ � e � e ~ e e - e � e - � - © � e ■ � � fe � . a � � . » f - » f . � � - $ - ; � � � f , � _ . . _ , � � , ■ . - � ' . � e . , � . � , . . $ � . e . � , _ e ■ . , . . ■ ■ . _ e ■ � $ � , � e - � $ _ � ■ e � - e . _ ■ ee # ■ � e » 2 � « , e ` AAk ` ■ of ■ e » . - e � � e f ■ e f � \ ■ ® - \ - e � ® � - � � � ' � � � e . e � , � �� f � ■ � � � , ■ ® a $ ^ $ $ ` f \ ? ' ° ® . < . » _ � - T_ f � ' - ■ . °- ■ ■ � a . - ` � eee e , e � 2 < « t � � � #■ . � . , . � � $ � . � � $� � - � ' ■ � � , e - e � � a . ■ , ■ < � � e � . . . ' � � � � � � ■ ■ e ■ ` ° ■ . � . $ e � _ � ■ � $ « ■ a , � � e $ � e ■ $ : �� $ < � f $ e � ■ , � � e e - ^ , \' f e � � e e � � $ $ - f � - ■ � . . « .$ # - f ° ■ e � @ - - , @ $ f � - � ■ f . \ ■ e � ® - . � . � : ; � , � , § ■ ■ � . . ■ ............................................................. SECTION 17- LEAVE OF ABSENCE 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 are Leave: A written communication to the employer from a health care provider of a person for whose care the leave is being taken which need not identify the serious health condition involved, but shall contain: 1 . the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; SEW 535 SLS - 82 - 1999 - 2005 MOU SECTION 17- LEAVE OF ABSENCE 3. an estimate of the amount of time which the emcloyee needs to e-n r.s r.e-Gsupervision 4. a statement that the serious health condition warrants the participation of a family member to provide care during period of treatment or supervision; 5. if for intermittent leave or a reduced work schedule leave, the certification should indicate that the intermittent leave or reduced leave schedule is necessary for the care of the individual or will assist in their recovery, and its expected duration. g'. Certification for Medical Leave: A written communication from a health care provider of an employee with a serious health condition or illness to the employer, which need not identify the serious health condition involved, but shall contain: 1 . the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employee's job; 4. if for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the SEW 535 SLS - 83 - 1999 -2005 MOU .................................. SECTION 17- LEAVE OF ABSENCE intermittent leave or reduced leave schedule and its expected 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. 17.10 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. 17.11 Croup Health Plan Coverage. Employees who were members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the County contribution by maintaining their employment in pay status as described in Section 17.12. During the eighteen (18) weeks of an approved medical or family care leave under Section 17.6 above, the County will continue its contribution for such health plan coverage even if accruals are not available for use to maintain pay status as required under Section 17.12. In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain their SEW 535 SLS - 84 - 1999 - 2005 MOU • i # w # i • MOT U t wo, ! f ....................................................... . . SECTION 17- LEAVE OF ABSENCE additional accruals is permitted under subsection A. above. C. Leave of Absence/Long Term Disability {LTDJ 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 Governinq the Use of Paid Sick Leave. 17.13 Leave of Absence Replacement & Reinstatement. Any permanent employee who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to a position in that classification and department and then only on the basis of seniority. In case of severance from service by reason of the reinstatement of a permanent employee, the provisions of Section 11 - Seniority, Workforce Reduction, Layoff, & Reassignment shall apply. SEW 535 SLS - 86 - 1999 - 2005 MOU .:::. . . ■ � � � � ■ � � _ � � 2 _ 6 1 : \ - f e _ ■ � � ■ > � 2 � � � . _ � \ - : . . 2 � � � 2:$ � . � 2� . # * �� . t . . 2 � e � � e e ' ■ . � e e � ■ - � ® ■ e # � � e � � e � . � �� ■ � � f � � $ $ �� . � e � � �� � � � � � ■ � � � � e _� . e � f � , e , t � m ee f � f # - � e , ■ \ , » � $� � $ - � , ■ ■ e f e ■ � - � e ■ e � . e � � e � ■ � ® - � � � � - . � ■ e � _ ^ @ fe � e t ° . � $ ■ � � e � # ■ � � � . 2f ■^ � � . � ® e � � ' ® . ® � - . ' - ` � # � - $ � � � f $ < - ■ � : � e - - � : » fe �■ � � � + e e a , , ef ■ e e ` - eek . � � ■ IRSf _ � � f $ #� ` ■ _ e -. 2 ■ � � f _ a � - e � . $ . \ ■ - . . � : . ■ e f e , , : e � � � - - ■ e . f f � , � ■ � � 2 \ - � � f ■ . . f e e � \ f e � �� ` < � _ �� f � � » �e e . f l , � t ■ � e ■ - , e - �e ■ $ e �° � e e � f e _ ^ . _ ^ - ■ 2 ® � ■ - ■ � ' ■ . ' ' # : ® . � # $ � ` ■ � � eee � � ■ - � $ ^ : » � # � � - ■ e t � . e e - ^ ■ - - . ■ � . . ® ® # . 40 $ 7 � e � # � e ° ® � f � $ a ' ■ e � _ � � . - f ease .■ ■ , , e ' ■ # e � °� 2 ® � � . � . f $ � . - : � � f e � $ � ■ _ � ■ - ■ e ■ . < . . ; � . ! � , : ■ ■ � # ............................................................ SECTION 17- LEAVE OF ABSENCE 17.16 Salary Review White on Leave of Absence. The _ salary► of an employee who is on leave_. - absence from 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. 17.17 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or canceled by the appointing authority, or at the expiration of a leave, shall be without pay. Such absence may, also be grounds for .disciplinary action. 17.18 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall remain in effect. 17.19 Time off to Vote. Employees represented by the Union who do not have sufficient time outside of working hours to vote at a statewide election, may, without loss of pay, take off enough working time which will enable the employee to vote. No more than two (2) hours of the time taken off for voting shall be without loss of pay. The time off for voting shall be only at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift. SEW 535 SLS _ 88 - '1999 - 2005 MOU ,, - ! ii ii !� i ` ii i • ! • • Iii i • "" a � i ' "` • i ! • .. ! • � i i i i « • i a ! i ,. i I • `` � ! i i i • i • a °` • i M i " i i • ! � i ! "" i ' • i i ♦ i i i i i • "' Lei 11: * ii i ! ! i ! i i • ai i • . ! . . i iI i i .. . i i I i `" # . i • • • tt 1 # i t _.. . _ SECTION 18 -JURY DUTY AND WITNESS DUTY When an employee is summoned for jury duty selection or is selected as a -uror 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: 1 . If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where it will be retained as a department record. No "Absence/Overtime Record" is required. 2. An employee who elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. No court certificate is required but an "Absence/Overtime Record" must be submitted to the department payroll clerk. Employees are not permitted to engage in any employment regardless of shift assignment or occupation before or after daily jury service that would affect their ability to properly serve as jurors. An employee on short notice standby to report to court, whose job duties make short notice response impossible or impractical, shall be given alternate work assignments for those days to enable them to respond to the court on short notice. SEW 535 SLS - 90 - 1999 - 2005 MOU ......:.:::: .:::.. v.,.. :..... ::..w.. .. .: .. :......A:.kv k......... f fill"# * - � i i i � • ' i i i i i ' „ ' i • i � r i � i w i a • i r ! ii r .. i r ,► r r � � i i i i i r • • " ! r � • ® • it .. i i i i ' ' .+ i i " ' # r � i ' � r w • i ' r � r w w t s • � r r r � w • • w 11M #' �. r r � r i i i .. r i • i i i i �+ 1! SECTION 19- HEALTH, LIFE& DENTAL CARE SECTION 19 — HEALTH, LIFE & DENTAL CARE 19.1 County Programs. The County will continue to offer existing County Group Benefit Programs of medical, dental and life insurance coverage through December 31 , 1999, to all permanent employees regularly scheduled to work twenty (20) or more hours per week. Effective January 1 , 2000, the County will offer Group Benefit Programs for medical, dental and life insurance coverage to all permanent employees regularly scheduled to work twenty (20) hours or more per week as described in the September 30, 1999 agreement (Attachment C) between the County and the Labor Coalition. 19.2 Rate Information. The County Benefits Division will -make health and dental plan rate information available upon request to employees and departments. In addition, the County Benefits Division will publish and distribute to employees and departments information about rate changes as they occur during the year. 19.3 Medicare Rates. Corresponding Medicare rates for employees covered under this MOU shall be as follows: for Employee Only on Medicare by taking the Employee only rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with one member on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with two members on Medicare by taking the SEW 535 SLS - 92 - '1999 - 2005 MOU SECTION 19- HEALTH, LIFE$ DENTAL CARE Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicareremium withheld from Social Security payments for two enrollees. 19.4 Partial Month. The County's contribution to the Health Plan premium is payable for any month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller. The responsibility for this payment rests with the employee. If payment is not made, the employee-shall be dropped from the health plan. An employee is thus covered by the health plan for the month in which compensation is paid. 19.5 Coyeraae Durina Absences. An employee on approved leave shall be allowed to continue his/her health plan coverage at the County group rate for twelve (12) months provided that the employee shall pay the entire premium for the Health Plan during said leave. An employee on leave in excess of twelve (12) months may continue health plan coverage by converting to an individual health plan option (if available) or continuing group coverage subject to the provisions of the Consolidated Omnibus Budget Reduction Act (COBRA) provided the employee pays the entire cost of coverage, plus any administrative fees, for the option selected. The entire cost of coverage shall be paid at a place and time specified by the County. Late payment may result in cancellation of health plan coverage with no reinstatement allowed. SE1U 535 SLS - 93 . 1999 2005 MOU ................................................. SECTION 19- HEALTH, LIFE & DENTAL CAFE 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. 19.6 Retirement Coverage. Upon retirement, employees may remain in the same County group medical plan if immediately before their retirement they are either active subscribers to one of the County Health Plans or if on authorized leave of absence without pay they have retained their membership by either continuing to pay their ,monthly premium to the County by the deadlines established by the County or converting to individual conversion membership from the County plan through the medical plan carrier, if available. 19.7 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 following conditions and limitations apply: a. Life insurance coverage is not included. b. To be eligible to continue health and dental coverage, the employee must: 1 . be qualified for a deferred retirement under the 1937 Retirement Act-provisions. SEW 535 SLS - 94 - 1999 - 2005 MOU x M .: N.. tt. :..... .................. _ ;... f f R 04 0 i SECTION 99- HEALTH, LIFE& CENTAL CARE 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 twenty-four (24) months after separation from County service. f. [deferred retirees are required to meet the same eligibility provisions for health/dental plans as active/retired employees. 19.8 Dual Coverage. If a husband and wife both work for the County and one of them is laid off, the remaining eligible shall be allowed to enroll or transfer into the health coverage combination of his/her choice. An eligible employee who is no longer covered for medical or dental coverage through a spouse's coverage shall be allowed to enroll or transfer into the health coverage combination of his/her choice within thirty (30) days of the date coverage is no longer afforded under the spouse's plan. SEW 535 SLS - 96 - 1999 - 2005 M.oU w w w s • • # • • r • It • SECTION 19- HEALTH, LIFE & DENTAL CARE employees and to encourage participation in their _ established wellness activities. Special emphasis will be placed on supporting major programs such as Smoking Cessation, Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings, and Health Fairs. 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 certain point levels. The value of the prizes will increase with. higher point values and one ( 1 ) grand prize will be awarded each year to the employee with the highest number of points. C. Incentives. A series of incentive prizes will be assigned to certain point values. In addition, recognition for employee and department participation will be an important aspect of the Wellness Incentive Program. D. Deferral. The parties agree to refer the Wellness Incentive Program to the Wellness Committee for its consideration. 19.11 Child Care. The County will continue to support the concept of non-profit child care facilities similar to the "Kids at Work" program established in the Public Works Department. SEW 535 SLS _ 98 - '1999 - 2005 MOU SECTION 20- PROBATIONARY PERIOD 19.12 Confidentiality of Information/Records. Any use of employee medical records will be governed by the Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26). 19.13 PERS Lona Term Com. The County proposes to deduct and 'remit monthly premium and eligible lists to the PERS . Long Term Care Administrator, at no County administrative cost, for County employees who are eligible and voluntarily elect to purchase long term care through the PERS LongTerm Care Program. The County further agrees that County employees interested in purchasing VERS 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 20 - PROBATIONARY PERIOD 2 .1 Duration. All appointments from officially promulgated employment lists, for original entrance or 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. 20.2 Classes With Proration Periods Over Six/Nine Months. Listed below are those classes represented by the SEW 535 SLS _ 99 - 1999 - 2005 MOU ...................................................................... _..... _. ............................... . SECTION 20 - PROBATIONARY PERIOD Union which have probation periods in excess of nine (9) months for original entrance appointments and six (6) months for promotional appointments: None. 20.3 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. .20.4 Criteria. The probationary period shall commence from the date of appointment. It shall not include time served in provisional or temporary appointments or any period of continuous unpaid absence exceeding fifteen (15) calendar days, except as otherwise provided by law. For those employees appointed to permanent-intermittent positions with a nine (9) months probation period, probation will be considered completed upon serving fifteen hundred (1 ,500) hours after appointment except that in no instance will this period be less than nine (9) calendar months from the beginning of probation. If a permanent-intermittent probationary employee is reassigned to full time, credit toward probation completion in the full time position shall be prorated on the basis of one hundred seventy-three (173) hours per month. 20.5 Resection aurina Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. SEW 535 SLS - 100 1999 - 2005 MOU SECTION 20- PROBATIONARY PERIOD A. Appeal from re`ection. Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based on political or religious affiliations or opinions, Union activities, or race, color, national origin, sex, age, disability or sexual orientation. B. The appeal must be written, must be signed by the employee and set forth the grounds and facts by which it is claimed that grounds for appeal exist under Subsection A and must be filed through the Director of Human Resources to the Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may have been based on grounds prohibited in Subsection A, it may refer the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the. rejected probationer has the burden of proof. 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 SEILI 535 SLS - 1 of - 1999 - 2005 MOU ....................................................... _ _... _.. SECTION 20 - PROBATIONARY PERIOD unless the Merit Board specifically reinstates the former period. 20.6 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 regard to the Skelly provisions of this MOU, without notice and without right of appeal or Bearing. If the appointing authority has not returned the probation report, a probationary employee may be rejected from the service within a reasonable time after the probation period for failure to pass probation. If the appointing authority fails to submit in a timely manner the proper written documents certifying that a probationary employee has served in a satisfactory manner and later acknowledges it was his or her intention to do so, the regular appointment shall ' begin on the day following the end of the probationary period. Notwithstanding any other provisions of the MOU, an employee rejected during the probation period from a position in the Merit System to which the employee had been promoted or transferred from an eligible list, shall be restored to a position in the department from which the employee was promoted or transferred. SEW 535 SLS - 102 - 1999 - 2005 MOU ........................ SECTION 20 - PROBATIONARY PERIOD An employee dismissed for other than disciplinary reasons within six {6} months after being promoted or transferred from a position in the Merit System to a position not included in the Merit System shall be restored to a position in the classification in the department from which the employee was promoted or transferred. A probationary employee who has been rejected or has resigned during probation shall not be restored to the eligible list from which the employee was certified unless the employee receives the affirmative recommendation from the appointing authority and is certified by the Human Resources Director whose decision is final. The Director of Human Resources shall not certify the name of a person restored to the eligible list to the same appointing authority by whom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 20.7 Layoff During Probation. An employee who is laird 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. Ifs 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 SEW 535 SLS - 103 - 1999 - 2005 MOU SECTION 21 - PROMOTION position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 20.8 Resection During Probation of Lavoff Employee. An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within the period of layoff eligibility. The employee shall begin a new probation period if subsequently certified and appointed in a different department or classification than that from which the employee was laid off. SECTION 21 - PROMOTION 21.1 Competitive Exam. Promotion shall be by competitive examination unless otherwise provided in this MOU. 21.2 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. 21.3 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 SEW 535 SLS - 104 - 1999 - 2005 MOU , � ■ � . - - # . . � ■ � 40f ■ . e # � « # ; ^ � � � . . a . e � ■ e f � $ . . ' � � . , � , � , � . # � . � � e ■ $ - e $ ? e e ` v . . ■ � _ � � ea - � � ■ f e ■ � a 2 � ■ ■ � f , � 2 , e e , � « ® . _ ° � _ ■ » � � � � ± $ e � e f , tee4w y or � e f. � - e e � ■ # � $ � �. # . , f ■ \ . f $ f # e ■ . f » . ■ � � � . � 2 _ . �e � e � � » � t , � - � - - # . . � . . . ■ ` $ � � a e ^ ` + � ® ' ■ m a , � e f � # t � f - ` ® ® � ` � $ m ■ ~ - $ � ■ � ee ��e � , ■� _ _ - � . e , ee $ ® � . -� � ■ . ' � e ■ � e e � �� � � . ` f e � e � e e ■ ■ • e � � � . , e , _ e $ e � ■ $ � � _ $ ■ �� e ' ■ e ■ , _ e 40 f e ■ . - , � ■ e � - � � , � ■ $ ■ � e � , e « - � � � � � � . \ � . . � � ; � ■ \ ! � , . ■ , \ e ............................................................................ . SECTION 21 - PROMOTION 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. 21.6 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of seventy percent (70%) or more, shall receive, in addition to all other credits, five one-hundredths of one (05) percent for each completed month of service as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, however, shall receive more than a total of five percent(5%) credit for seniority in any promotional examination. 21 .7 Physical Examination. County employees who are required as part of the promotional examination process to take a physical examination shall do so on County time at County expense. SEW 535 SLS - 106 - 1999 - 2005 MOU t .. .t.. .N..v: ,..N...w...m_w .................. SECTION 22 - TRANSFER SECTION 22 w TRANSFER 22.1 Transfer Conditions. The following conditions are required in order to qualify for transfer: a. The position shall be in the same class, or if in a different class shall have been determined by the Director of Human Resources to be appropriate for transfer on the basis of minimum qualifications and qualifying procedure; b. the employee shall have permanent status in the merit system and shall be in good standing; C. the appointing authority or authorities involved in the transaction shall have indicated their agreement in writing; d the employee concerned shall have indicated agreement to the change in writing; e. the Director of Human Resources shall have approved the change. Notwithstanding the foregoing, transfer may also be accomplished through the regular appointment procedure provided that the individual desiring transfer has eligibility on a 'list for a class for which appointment is being considered. 22.2 Transfer Without Examination. With the approval of the appropriate appointing authority/authorities and the SEIU 535 SLS - 107 - 1999 - 2005 MOU .............................................................................. _ _....... ......... .._..._.._...._._. _ ......... ......... SECTION 22 - TRANSFER 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: a. the duties and responsibilities of the position from which the employee is being transferred are within the occupational area or directly associated with the duties and responsibilities of the position to which the employee is being transferred. b. the employee must possess the minimum qualifications for the job classification to which the employee is being transferred. C. the employee must serve the probationary period required for the classification into which the employee is being transferred. d. an employee rejected during the probationary period or who resigns during the probationary period for other than disciplinary reasons shall have the right at that time to be restored to a position in the classification in the department from which the employee was transferred. The Human Resources Director, upon request, will provide written justification for invoking this section. 22.3 Transfer Policy. Any employee or appointing authority who desires to initiate a transfer may inform the Director of Human Resources in writing of such desire SEW 535 SLS - 108 - 1999 -2005 MOU < � : . ' ® `- e e � � ® . . � � e e ` _ _ � $ � $ $ � $ � , . e � , � _ $ � @ ■ � e � � e a e $ e ' $ � ■ �� � � � ' ® ® � , e e e � e � � # � e � ■ \ 2 � e f f ■ � e - ' � # $ f � e . - e # eel , _ # � � � . � ' , . e � e : e 2 � � - � � � � \ � � � � » t . � - « . ` - 2 « . f � . . * . � � � � � - � 2 � a ■ � ■ � e ' � f e � � . < e ■ 2 $ _ , � � . s � � e ¥ � � � ° ■ � � � � � e ■ � f e « - e \ i e » , ■ ' eef � e � ■ e » t \ ■ e � � e 2 - $ a . � . _ ■ � ` � f � - . . ® ® - . _ e � e ? ■ � # � - . e \> � � ® ,- \: - . � f . ® & � � f � � ` # e � - e � � f » � � � » e . . � � � # ■ e - e .e _ e � @ . , �. . , ee ■ � ` �■ - ■ ■ � e $ � ■ - # ^ \ ® - ■ - � ® . . a � . : � - ■ - e � ^ ` � . ■ . � » ■ $ e . � � © e \ f e � - � � _ � � e ■ - ^ - $ - ■ , \ f � . - . . $ � » \ � - _ f - : ■ . . � : e ? � ■ . - , - . , � �2 ■ # : ■ , � ^ , � ■ * � � $ - � , f � � . _ $ � . � . f \ - . . © ... e . . ■ e ' � ■. ' � ® � � f � ■ $ - ` . e � ® K2 ® � ® : ' . � . . . ' . . e � $ f � _ e � . � . ` e e w ■ � f e ' � # � e � � , �. $ § — . $ _ � - � � ■ � : � ® � $ � : & . . . e � . . ■ � � : � f . » e : � , $ � _ ■ « ■ e � � � , � , � ■ e ` ■ , � . f� e � ` . $ ^ � . 2 . . ■ � ■ e ■ - ■ ■ f f ee - �e f f 3 � � � ■ , . ! � ' � a ■ ■ - e . _..... _. SECTION 23 - RESIGNATIONS overtime pay for the after-hours Emergency Response Program. SECTION 23 - 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. 23.1 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. 23.2 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 SLS - 110 - 1999 - 2005 MOU • ,� � Vis .. • � .. • # .. # # ! i " - „ ' .iii • # # '` • ' � . ! ! # ,. iii ! .......................................................... . SECTION 24 -.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 25 — Grievance Procedure of the MOU beginning with Step 3. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. SECTION 24 - DISMISSAL, SUSPENSION & DEMOTION 24. 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 SLS 1999 - 2005 MOU SECTION 24 -.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, 9. 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 public property or waste of public supplies or equipment, j. violation of any lawful or reasonable regulation or order given by a supervisor or Department Head, k. willful violation Of any of the provisions of the merit system ordinance or Personnel Management Regulations, SEW 535 SLS - 113 - 1999 - 2005 MOU ......... _ _ ....... . SECTION 24 - DISMISSAL, SUSPENSION USPENSION & 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. 24.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before taking a disciplinary action to dismiss, suspend for more than five (5) work days, (four (4) work days for employees on 4/10 work week), or demote an employee, the appointing authority shall cause to be served, either personally or by certified mail, on the employee, a Notice of Proposed Action, which shall contain the following: SEW 535 SLS - 114 - 1999 - 2005 MOU SECTION 24 -.DISMISSAL, SUSPENSION & DEMOTION 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 Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond, to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or any extension, the right to respond is lost. 2 .3 Leave Pending Employee Response. Pending response to a Notice of Proposed Action within the first seven (7) days, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. SEW 535 SLS - 115 - 1999 - 2005 MOU _ _..._.... ......... __ . __. _._ ............ SECTION 24 - DISMISSAL, SUSPENSION & DEMOTION 24.4 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days unless ordered by an arbitrator, an adjustment board or the Merit Board. 24.5 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 Skelly requirements, where applicable, the appointing authority shall make an order in writing stating specifically the causes for the action. B. Service of Order. Said order of dismissal, suspension, 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. G. Employee Appeals from Order. The employee may appeal an order of dismissal, suspension, or demotion either to the Merit Board or through the procedures of Section 25 - Grievance Procedure of this MOU provided that such appeal is filed in writing with the Human Resources Director within ten (10) calendar days after service of said order. An employee may not both appeal to the Merit SEW 535 SLS - '116 - 1999 - 2005 MOU SECTION 25 - GRIEVANCE PROCEDURE Board and file a grievance under Section 25 of this MOU. 2 .f Employee Representation Rights. The County recognizes an employee's right to representation during any disciplinary interview or meeting which may result in discipline. The County will not interferewith the representative's right to assist an employee to clarify the facts during the interview. SECTION 25 r GRIEVANCE PROCEDURE 25.1 Definition and Procedural Steps. A grievance is .. any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. The Union may represent the grievant at any stage of the process. Grievances must be filed within thirty (30) days of the incident or occurrence about which the grievant claims to have a grievance and shall be processed in the following manner: A. Stere 1:. Any employee or group of employees who believes that a provision of this MOIL has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the grievant's immediate supervisor, who shall meet with the SEW 535 SLS - 117 - 1999 - 2005 MOU SECTION 25 - GRIEVANCE PROCEDURE grievant within five (5) days of receipt of a written request to hold such meeting. 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 to meet with the Department Head and the grievant and attempt to settle the grievance and respond in writing. D. Step 4. No grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 3 above and filed within ten (10) work days of the written SEW 535 SLS - 118 - 1999 - 2005 MOU SECTION 25 - GRIEVANCE PROCEDURE response of the Human Resources Director or designee. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, such grievance shall be submitted in writing to an Adjustment Board comprised of three (3) Union representatives, no more than two (2) of wham shall be either an employee of the County or an elected or appointed official of the Union presenting this grievance, and three (3) representatives of the County, no more than two (2) of whom shall be either an employee of the County or a member of the staff of an organization employed to represent the County in the meeting and conferring process. Where the parties agree, the Adjustment Beard may be comprised of two (2) Union representatives and two (2) County representatives. The Adjustment Board shall meet within twenty (20) work days of receipt of the written request and render a decision. If the County fails to meet the time limits specified in Step 4 and the grievant demands in writing that an Adjustment Board be convened, the County will convene an Adjustment Board within ten (10) work days or 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. St_ eg 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 SEW 535 SLS _ 119 - 1999 - 2005 MOU SECTION 25 - GRIEVANCE PROCEDURE 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. 25.2 Scope of Adjustment and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. B. No adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in Subsection 25.1 above. SEW 535 SLS - 120 - 1999 - 2005 MOU NN.. ...... ■. . 'all e ■ �� e� ee . , � e , e ■ e ■ e� - @ e e , . . . ® _ ■ f - . $ $ ' 2 1. , e � ■ ' , e _ e � � e � ■ e � e # ■ � ■ � e e � $ f . � � � e e e ■ . e " � e . . . ■ $ $ e < � � . � � e � � - � f � $ e � e � « � e ® ° . . _ $ . :$ » » - - ■ $ ' e _ ' e # $ # � - � \ e � T � e - - ^ - � � � e ■ ® - , . -2e ■ � ■ ` e _ ^ - . e $ e ■ ^ ■ � - # . ■ ` e e ■ � f $ ■ � e � ® \ e . . `■ � ° . # - : e . § - ■ e < e � . ■ e � � � e § $ , e e ' - : e � - , $ � . _ . . ® � \ � e f ° ■ - 2 e e � ■ � � _ � ■ _ rZATA _ ® . . _ ° - � ® � a . � 1 � ■ # , � � - � ■ e � § ' . � . $ . � . ■ . . . @ $ ?f ■ ® , . e � � 2 � _ _ � - ® � ■ , � ■ # � , ■ � � � � ■ ■ . - te � ■ � - � ® e � . e - ` e ■ : ' e . ' 2 � � e � - ' e ■ e � � f « � � . e . t $ � e � � : ■ - °e . � . . . - .. . � « � � - . . � e - f ■ _ ee . - � $ _ e , . . . ■ lw lw . . l : . . . ,■ | � « . SECTION 25 - GRIEVANCE PROCEDURE limits specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and withdrawn. 25.4 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 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 fled. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Union. 25.5 Strike/Work Stoppage. During the term of this MOU, the Union, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, sickout, or refuse to perform customary duties. In the case of a legally declared lawful strike against a private or public sector employer which has been sanctioned and approved by the labor body or council having jurisdiction, an employee who is in danger of physical harm shall not be required to cross the picket line, provided the SEW 535 SLS -122 - 1999 - 2005 MOU SECTION 25 - GRIEVANCE PROCEDURE employee advises his or her supervisor as soon as possible, and provided further that an employee may be required to cross a picket line where the performance of his or her duties is of an emergency nature and/or failure to perform such duties might cause or aggravate a danger to public health or safety. 25.6 Merit Board, A. All grievances of employees in representation units represented by the Union shall be processed under Section 25 unless the employee elects to apply to the Merit Board on matters within its jurisdiction. B. No action under paragraph C, D and E of subsection 25.1 above shall be taken if action on the complaint or grievance has been taken by the Merit Board, or if the complaint or grievance is pending before the Merit Board. 25.7 Fiiinp 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. 25.8 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. SEW 535 SLS - 123 - 1999 - 2005 Mou SECTION 26 - BILINGUAL PROVISIONS SECTION 26 - BILINGUAL PROVISIONS 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. Said differential shall be prorated for employees working less than full time and/or who are on an unpaid leave of absence for a portion of any given month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. Effective October 1 , 2000, the current program differential shall be increased to a total of seventy five dollars ($75) per month. Effective October 1 , 2001 , the differential shall be increased to a total of eighty dollars ($80) per month. SECTION 27 - RETIREMENT" CONTRIBUTION 27.1 Contribution. Pursuant to Government Code Section 31581 .1 , the 'County will continue to pay fifty percent (50%) of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOU, and shall terminate thereafter. Employees shall be responsible for payment of the employees' contribution for the retirement cost of living program as determined by the Board of Retirement of the Contra Costa County Employees' Retirement Association without the County paying any part of the employees share. The County will pay the remaining one-half (1/2) of the retirement cost-of-living program contribution. SEW 535 SLS - 124 - 1999 - 2005 MOU SECTION 27- RETIREMENT CONTRIBUTION 27.2 Tier 111 Retirement Plan. Subject to the enactment of enabling' legislation amending the 1937 Employees' Retirement Act to allow such election, the County will permit certain Tier 'l l employees to elect a Tier III Retirement Flan 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 lll, from and after the date of implementation, shall be the same as Tier I. The disability benefits for Tier III shall be the same as the current Tier II disability provisions. 3. The amount of the employee's required retirement contribution shall be established by the County Employees' Retirement Association and shall be based on the employee's age at entry into the retirement system. 4. Employees represented by the Labor Coalition and its member employee organizations (herein referred to as Labor Coalition), enrolled in Tier Il who have attained five (5) years of retirement credited service as of the effective date of the enabling legislation shall have a six (6) month period after such date to make a one time irrevocable election of the Tier III Retirement Flan expressed herein subject to action by the Board of SEW 535 SLS - 125 - 1999 - 2005 MOU SECTION 27- RETIREMENT CONTRIBUTION 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 Il 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 three (3) million dollars per year or the County Employee's Retirement Association's actuaries determine in future years that the County's retirement costs have increased SEW 535 SLS - 126 - 1999 - 2005 MOU SECT1oN.27- RETIREMENT CONTRIBUTION and that the increase is attributable to the creation of Tier 111 and/or the impact of Tier 111 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 three (3) million dollars 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 SLS - 127 - 1999 - 2005 Moll SECTION 27 - RETIREMENT CONTRIBUTION 5. County savings shall be held in an account by the Auditor-Controller which is invested in the County's common pooled fund and will accrue interest accordingly. The County will report yearly to the Labor Coalition on a) the beginning account balance, b) the interest earned, c) expenditures from the account to cover increased costs resulting from the Tier III Retirement Plan, and d) the ending account balance. b'. Any increased costs to the County, due to Tier III participation by employees not represented by the Labor Coalition, shall not be funded by reduction of general wage increases otherwise due to the employees represented by the Labor Coalition. c. Subject to the provisions expressed above, any and all additional employer and County- paid employee contributions which exceed the sum of the County's legally required contributions under Tier II shall be recovered by reducing general wage increases to the employees represented by the Labor Coalition. d. Any disputes regarding cost or savings shall be subject to binding arbitration upon demand of the Labor Coalition or the County. SEW 535 SLS - 128 - '1999 - 2005 MOU SECTION Z/ - RETIREMENT CONTRIBUTION N 6. a. The enabling legislation shall provide that the Tier III Retirement Plan may be implemented only by an ordinance enacted by the Board of Supervisors. b. Board of Supervisor's action to implement the Tier III Retirement Plan shall be taken not earlier than seven (7) months after the effective date of the legislation plus thirty (30) days after an actuarial report on the County cost of the Plan is received by the County, provided that before enactment of the ordinance, the Labor Coalition has not notified the County in writing that a one percent (1 %) wage increase shall be implemented by the County effective October 1 , 1997, without interest, in lieu of implementation of the Tier III Retirement Plan. 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 Employee's Retirement Association. 3. In the event the County is prevented from implementing the Tier III Retirement Plan for, any reason on or before the termination date of this MOU, the agreement of the parties regarding a Tier III Retirement Plan shall expire and a one percent (1 %) lump sum wage increase shall be implemented by the County within sixty (60) days SEW 535 SLS - 129 - 1999 - 2005 MOU SECTION 28 - TRAINING REIMBURSEMENT after the determination that Tier III cannot be implemented or as soon .thereafter as practicable for the period covering October 1 , 1997 through such termination date, without interest, in lieu of the Tier III Retirement Plan. Effective October 1 , 2002, Tier 2 of the retirement plan shall be eliminated and all employees in Tier 2 of the retirement plan shall be placed in Tier 3. Employees in Tier 2 with I 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 (6) years of buyback. 3. Employee buys back six (6) years, County will buy back three (3) years for a total of nine (9) years of buyback. SECTION 28 - TRAINING REIMBURSEMENT The Department of Employment & Human Services shall establish an annually renewable training reimbursement fund in the amount of $5,040 for the exclusive purpose of reimbursing employees covered by this agreement for the SEW 535 SLS - 130 - 1999 - 2005 MOU .■ . � ! � \ : � . < � e : e . \ e � ` f ■ e e � . . � � e ■ - � 2 e ® - � - ■ � � f � \ - $ � - e � � ■ � �$ � � � fe ` e . »» e � e « + ' - _ - f ■ � . f $ # - - $ $ $ & o - & e a ® - ■ \ � ef � $ � $ e - - e e ^ e %$ < � e ■ , � � \ ■ $ � �� ' , � � * + . e fa _ . e ■ � - e � : $ ± � - � ■ \ - $ ® e , � e e ■ e , ��� � $ � $ � � ® - � � * � - \ $ of § � f e � � f _ e ® - � e ■ �f � � ■ ' . - $ ° # . . _ � $ .e � t � � ® � �� $ � . f ■ � � � � ■ _ � � � � e <■ * � . $ � - � e - : e � � - ee - . � � _ . � � � . � . � $ _ _ - $ . � , � ■ f � � - _ $ $ 2 � . $ � , e «� ■ ee ` e _ 62 ■ � ~ � ■ e \ ` ^ - e � - e - ® � � ® , 1 Ej I I I . f $ ■ � � ■ . f � f � e � \ e � e � � l � , ■ � e , e . e ■ � e e _ ■ . - # ■ � - - ` - , ■ � � , e - » ® � � ® ® ' ' : . . � ® � � � - ' e e $ � � # - - e t � � _ ■ � ■ � � - e . � - � » . ' - � � � � a ° . � 2 � e � e \ � . . _ ■ � . - . e � e � . e , � ± m■ � a � ■ - � ■ \ f . ' � � f © � � e . - � ■ . ■ � $ _ � . e . . � � ° � $ � � � ' ■ .e . . . . .. . : � : . ■ ■ � � e SECTION 31 - CONSERVATORSHIP DIFFERENTIAL SECTION 30 - RESPITE LEAVE WITHOUT PAY All employees represented by Local 535 shall be granted ten (10) days respite leave without pay per fiscal year. Such leave shall be taken in increments of one (1 ) full day (eight (8) hours) and shall be requested in writing. Conflicting requests for respite leave shall be resolved by the Department Head or designee with preference given to employees according to their seniority in the department, as reasonably as possible. Any balance in the ten (10) days respite leave which remains at the end of the fiscal year shad not be carried over into the next fiscal year. SECTION 31 - CONSERVATORSHIP DIFFERENTIAL The County will continue to pay a conservatorship differential to any employee covered by this agreement who supervises one or more employees receiving such a conservatorship differential. 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 forty-five (45) days of the end of each month. SEW 535 SLS - 132 - 1999 - 2005 MOU ! # owl Jill J ! ! ! .. ! Ask a ,. r . ! ! ! . ! ! w 40 ! M ! 40 T ♦ M ! s . • 11 ! SECTION 33 - PERSONNEL. FILES A. The County shall provide the employee with copies of all performance evaluation reports and letters of reprimand or warning or other negative material prior to the placement of such documents in the employee's departmental personnel file. S. 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 placed in the employee's department personnel file, the counseling memo shall be removed from the employee's personnel file, provided that there has not been a subsequent counseling memo on the same subject in that period of time. C. Upon written request of the employee, copies of letters of reprimand or warning shall be sent to the Union. 33.5 Emplovee Response. 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. SEW 535 SLS - 134 - 1999 - 2005 MOU � � . �� �■ , � ■ . : . � � � � � $ \ � . $ \ . \ � - � f � f - � � $ $ � f § « e e ` $ � : f _ ■ ■ � $ e $ - $ � e � $ e ; e - ■ e � ■ fie - f $ e �2 � . < . e f � « � < � e . . ' $ - \ $ - - ■ � a � $ ■ � e � �# � , � _ � . e � ■ e ■ � - e . # � ¥ � � � . . _ - � � � $ � - � � ^ $ � � $ � � : e - � ■ � , � � , $ . ■ e $ � . . ■ .. . . -� � , . � » e �� � 2 � , � e � e . < - e � ., e - ■ e � ■ � e _ � � e � . e ■ : $ - _� - f e � ® « § $ ■ ■ , � e # e e � # � ■ � � � � � � � ■ � e - _ � 2 � e f . $ , ■ _ � , . . .- � �.. ■ e .f - . . ® . . . .@ ' ® - ■ 2 � e � . � ■ - e � # � f � e e e � � f � � ■ t f e f � . _ � $ $ � 2 » ? $ - . $ � � : e - ■ , � � ` . e ■ : � f ` � e � ? . � ■ � � � e _ ■ ■ $ # f � ^■� ■° �� e e � . � - � , ■ e � �� -. f. � e e � - - a �- # # � e � , ■ , $ e e � ■ ■ - e � _ : � ■ e - f . e � ■ . - ' ■ , e ^ � $ ■ � - . , . ■ � $ r - 2 � e \ � e . ? - ■ ■ f � - � � � � # , � ■ t ee � f 2 ' f � � $ e � - � e - . . # � � . � f # _ . f � ® 2 � ■ - $ f _ 2 - � ■ � - 2 � - � �� ■ � � � f $ � � � e � _ � ■ � �� � � ». � . ® e - e e - ` - e � _ ■ - � - e . . � 2 + : � $ � ^ e e , � . � . - . ! ! ' � � , ■ < � e r - ! # f f • f ! f ! R • ! ! f � A # • s . fill f ` r # ► ! w s4 i ! w ! — r � • ' � � � � � i • w � * � r # f i ' i i i "' f i i � � � � � i ! i "" f f • • • • • i f • ! f i ! • i i i .' .. _ M • ' ii i ' '.. i f i i ' i i • f i f i i ' ' f i • i i ' • • � f • f i • fii # i f � i �; i f • � i ' ' • i • i ` • f i i i ' i • i i • i • i i r M i f � f � i f f i i � _ � � � "R � i ' i f ' • • ! f f i i ' i • i f i i i ' i a i � � f � f i i f +. i ' i • • f f i ! • ' i • f • f • � � i • ` i � • f �' • • • i i � * i • � f i .. ., i i - i � „ • i i i i i . i • f f � i i - - i i ' ii � ` ' _ i i "' ii • 11 • SECTION 35 - PERFORMANCE EVALUATION the employee is merely acknowledging having seen the report; it does not indicate agreement. 35.6 Definitions of Ratings. A factor rating of ABOVE STANDARD means that this part of the employee's work performance is consistently beyond 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. 35.7 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 .(5) calendar days after being given a copy of the Report of Performance Evaluation, an employee who wishes consideration in addition to the Rater's evaluation should prepare a written statement to the Reviewer as follows: 1 ) Identify the report by stating the date of the report, the name of the Rater, and the date the report was received; 2) Specify SEW 535 SLS - 138 - 1999 - 2005 MOU ` i • ! i • f ! ! • • �• i ' i i ,� r i f ■r r • ' • • .. .. • r ! • ! i ' f r • f ! • � ! r ! ' r ! ' ! r ! f SECTION 37- FLEXIBLE STAFFING representatives, and the Department Personnel Officer, or designee. The Department Personnel Officer, or designee, will serve as chairperson. The committee shall meet every six (6) weeks. 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. b. The committee shall consider items and information raised by its members related to the department's health and safety program. Committee recommendations shall be reported to and reviewed by the Department Head who shall respond in writing to all recommendations. SECTION 37 - FLEXIBLE STAFFING 37.1 Designation. Certain positions may be designated by the Human Resources Director as flexibly staffed positions. Positions are generally allocated at the first level of the job series when vacated. When the position is next filled and an incumbent of one of these positions meets the minimum qualifications for the next higher level and has met appropriate competitive requirements he/she may then be promoted to the next higher classification within the job series without need of a classification study: SEW 535 SLS - 140 - 1999 - 2005 MOU . • . ! ILL.- 40 ! ! • ,� * - • op E I _ SECTION 38 - STAFFING ALLOCATIONS AND REASSIGNMENTS working day of the prior month. It is the employees responsibility to submit applications for promotion sufficiently in advance to assure receipt in the Human Resources Department 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 eligibility, said appointment shall be made retroactive to the first of the month following his/her eligibility. SECTION 38 - STAFFING ALLOCATIONS AND REASSIGNMENTS On the basis of the Department's staffing distribution review, the Department may consider reassignment of staff represented by this agreement. The following procedure shall be used: a. Internal moves within the Division may be made at the discretion of the Assistant Director within twenty (20) working days following publication of staff allocations. SEW 535 SLS - 142 - 1999 - 2005 MOU i fi • • i - ! • i ` ! w i ` - R ` R ' I - • • ` i � i R i f i . R � w I • ! i ! I ' • • i • i f • • R R • • w R ! ! - a • SECTION 38 - STAFFING ALLOCATIONS AND REASSIGNMENTS d. If there are less than five (6) responses to a posted bid notice and the Department is not able to otherwise fill the position, the Department may consider the bid responses and/or consider reassignment of one (1 ) of the three (3) least senior employees within the classification within two (2) weeks of the closing of the bid. If there are only two (2) bidders, the two (2) bidders will be considered for reassignment along with the least senior employee; if there is only one (1 ) bidder, that bidder will be considered for reassignment along with the two (2) least senior employees. e. If a vacancy occurs in the same class and in the same division from which an employee was involuntarily reassigned, the Department shall offer the position to the employee who was involuntarily reassigned. If the employee declines the offer, or voluntarily transfers after such involuntary reassignment, he/she will not be considered for any future vacancies in that Division except as provided for in 38 b. above. f. 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 interview or for mandatory reassignments as provided in this section. g. Specially funded assignments, assignments of limited duration (less.than six (6) months), special SEW 535 SLS - 1" - 1999 - 2005 MOU SECTION 88 - STAFFING ALLOCATIONS AND REASSIGNMENTS circumstances (which generally will be less than six (5) months) or requiring special skills, and assignments made due to reorganization, shall not be subject to procedures in this section. The Department is not limited in its description of the special circumstances described in this section which may necessitate a specific reassignment of employees. h. Reassignments shall not be used as a replacement for discipline. Employees on probation or in an Improvement deeded Review status shah not be reassigned. If one (1) of the least senior persons in the class is on Improvement Deeded or on probation, a total of three (3) eligible least senior persons in the class will be considered for reassignment, unless the bid is limited to a specific Division in accordance with 38 b. herein, in which case the three (3) least senior persons in that specific Division will be considered for reassignment. L The Department's selection decision in accordance with the procedures outlined in this section are not subject to the Grievance procedure contained in Section 25 herein. SEW 535 SLS - 145 - 1999 - 2005 MOU SECTION 39 - REIMBURSEMENT FOR MEAL EXPENSES SECTION 39 - REIMBURSEMENT FOR MEAL EXPENSES Employees shall be reimbursed for meal expenses under the following circumstances and in the amount specified: a. When the employee is required by his/her Department Head to attend a meeting concerning County business or County affairs. b. When the employee is required to be out of his/her regular or normal work area during a meal hour because of a particular work assignment. C. When the employee is required to stay over to attend consecutive or continuing afternoon and night sessions of a board or commission. d. When the employee is required to incur expenses as host for official guests of the County, work as 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. SEW 535 SLS - 146 - 1999 - 2005 MOU SECTION 40 - PERSONAL PROPERTY REIMBURSEMENT Procedures and definitions relative to reimbursement for meal expenses shall be in accordance with the Administrative Bulletin on Expense Reimbursement. SECTION 40 - PERSONAL PROPERTY REIMBURSEMENT The loss or damage to personal property of employees is subject to reimbursement under the following conditions: a. The loss or damage must result from an event which is not normally encountered or anticipated on the job and which is not subjectto the control of the employee. .b. ordinary wear and tear of personal property used on the job is not compensated. C. Employee tools or equipment provided without the express approval of the department head and automobiles are excluded from reimbursement. d. The loss or damage must have occurred in the line of duty. e. The loss or damage was, not a result of negligence or lack of proper care by the employee. SEW 535 SLS - 147 - 1999 - 2005 MOU SECTION 41 - LENGTH OF SERVICE DEFINITION(for service awards and vacation accruals) 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. SECTION 41 - LENGTH OF SERVICE DEFINITION (for service awards and vacation accruals) The length of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary, provisional, and permanent status, and absences on approved leave of absence). When an employee separates from a permanent SEW 535 SLS - '148 - 1999 - 2005 MOU .............................. . . ■ . . ! . . . ¥ � ee : e ■ fie ■ , e � _ ■ � � , . ® 2 e . e f ■ � e � ~ � f ■ ■ e . a e , ` e e � e � e - _ � e e e ■ e , _ e . 2 of ■ ■ e � � - e � . - � : - e < � - - e ■ e e ® - - e _ - e e . . . $ t « - � ! � - ■ � � ' - � ® ■ ® J « ■ e e ' e e - - . � . - e f e _ , e e - � ■ 2 � . - ■ � e - e ■ - e - ® ■ - . . - . . : $ ■ e - - , ■ . 2 - _ . eek - e - - tee , ■ e e - e .e - - a , $ ■ - ■ 141 - e - , e ■ _ e e e , e f e _ ' , e ■ _ � e e - ■ $ - �, - !. " ! ■ ■ : e . SECTION 43 - PERMANENT PART-TIME EMPLOYEE BENEFITS SECTION 43 - PERMANENT PART-TIME EMPLOYEE BENEFITS Permanent part-time employees receive prorated vacation and sick leave benefits. They are eligible for health, dental and life insurance benefits at corresponding premium rates providing they work at least fifty percent (50%) of full time. If the employee works at least fifty percent (50%) of full time, County retirement participation is also included. SECTION 44 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. 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. SEW 535 SLS - 150 . 1999 - 2005 MOU SECTION 45 - PERMANENT-INTERMITTENT HEALTH PLAN 45.2 Effective one hundred and twenty (120) days after all Coalition Employee Organizations have signed their respective Letters of Understanding, the fallowing benefit program shall be offered to permanent-intermittent employees: a. Program. The County shall offer CCHP Plan A-2 at the subvention rate of sixty-four percent (64%) of the cost of the premium for a single individual, to those permanent-intermittent employees who meet and maintain eligibility. b. 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-Pay. Employees who have achieved eligibility under the terms of 45.2b will pre-pay the employee's portion of the premium cost so that the effective date of enrollment begins effective the first of the month of eligibility. Employees must continue to pre-pay their portion of the health insurance premium in order to continue benefits. In addition, employees who meet the eligibility requirements and who have been voluntarily paying for a county group health program shall be allowed to enroll in CCHP Plan A-2 without a waiting period.. SEW 535 SI.S - 151 - 1999 - 2005 MOU SECTION 45 - PERMANENT-INTERMITTENT HEALTH PLAN d. Family Coverage. Employees may elect to purchase at their own expense, family coverage, including domestic partner, and shall follow the procedures outlined in c. above for payment for this optional coverage. e. Implementation. There shall be a sixty (60) day Open Enrollment period with the initial date of coverage effective August 1 , 2000. Subsequent Open Enrollment periods shall be for thirty (30) days and coincide with the open. enrollment period for County employees beginning in 2001 . Permanent-intermittent employees who are not currently eligible, but who subsequently meet the eligibility requirements, shall be notified of their eligibility and shall have thirty (30) days to decide whether or not to elect coverage under this program. f. Employees who are temporarily ineligible may purchase, at their own cost, the plan in accordance with the procedures set forth by the Contra Costa County Health Plan. Nothing in Section 45.2 shall prevent an employee from electing health coverage under either Section 45.1 or Section 45.2 SEW 535 SLS - 152 - '1999 - 2005 MOU ' a ! ! ! • # ! • • s r # r ! r • r ` ` ! � • r ! � r SECTION 48 - MODIFICATION & DECERTIFICATION SECTION 48 - MODIFICATION & DECERTIFICATION For the duration of this MOU the following amendments to Board Resolution 8111165 shall apply: .Section 34-12.008 - Unit Determination (a) shall be modified in the first paragraph to delete the ten (10) percent requirement for an employee organization intervening in the unit determination process and substitute therefore a thirty (30) percent requirement. Section 34-12.013 - Election Procedure (b) shall be modified in the first paragraph to delete the ten (10) percent requirement for any recognized employee organization(s) to appear on the ballot and substitute therefore a thirty (30) percent requirement. Section 34-12.016 - Modification of Representation Units shall be modified in the first sentence by adding words to the effect of "most recent" to the date of determination. This section shall be modified in the second sentence to require that petitions for modification of a representation unit be filed 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. The last sentence of this section shall be modified so that modification of a representation unit shall not negate the term of an existing 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 SEW 535 SLS - 154 - 1999 - 2005 MOU SECTION 48 - MODIFICATION & DECERTIFICATION "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 49.1 Fil-„ na. Either the County or the Union may file an unfair labor practice as defined in Board of ,supervisors' 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. 49.2 Unfair Labor Practice - County. It is an unfair labor practice for the County to: a. Interfere with, restrain or coerce employees in the exercise of the rights recognized or granted in this division; b. dominate or interfere with the formation of any employee organization or interfere with selection of a majority representative, C. contribute financial support to any employee organization; or SEW 535 SLS - 155 - 1999 -2005 MOU SECTION 48 - MODIFICATION & DECERTIFICATION 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/her duties; c. discriminate against any employee with regard to the terms or conditions of membership because of race, color, creed, sex or national origin; d. refuse to consult, or meet and confer in good faith, with management representatives on matters within the scope of representation; or e. initiate, engage in, cause, instigate, encourage or condone a work stoppage of any kind or other disruptive activities which are detrimental to the conduct of county business and services. SEW 535 SLS - 156 - 1999 - 2005 MOU _ _.._............. ......... ...................................................................................................................................................... SECTION 50 -.DEPENDENT CARE SECTION 50 - DEPENDENT CAFE 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. E. Dependent Care Salary Contribution. Subject to the applicable provisions of the Internal Revenue Service, employees may contribute up to $5,000 each calendar year from their salaries for approved dependent care; only eligible employees may contribute for such expenses; there is no County contribution for dependent care. Reimbursements are made on a monthly basis subject to submission of itemized statements, adequate accumulation of the salary contribution, proof of payment, and applicable County administrative procedures. SECTION 51 - SPECIAL STUDIES/OTHER ACTIONS 51 .1 Task Force. The Department of Employment & Human Services and representatives from SEW Local 535 Service Line Supervisors will form a Task Force consisting of four (4) representatives from each party to review the amount and nature of work of Service Line Supervisors. The Task Force will make recommendations concerning streamlining functions and/or processes, and establishing priorities for the purpose of addressing workload'. The Task SEW 535 SLS - 157 - 1999 - 2005 MOU Force will begin no later than 60 days after the signing of a new MOU, and will endeavor to complete its recommendations by the end of September 1992. 51.2 Differentials. The County and the Labor Coalition agree to establish a Labor/Management Committee comprised of five (5) Labor and five (5) Management employees -to study and recommend actions necessary to standardize payment and application of differentials including, but not limited to, proration for less than full-time employees; the length of payment while on paid sick leave or disability; and consistency between percent-based vs flat- payment differentials. 51 .3 Grievance Procedure. Representatives of the County shall meet and confer with representatives of the Labor Coalition in order to develop rules and guidelines governing the conduct and administration of Adjustment Boards. 51 .4 Ergonomics. No later than May 15, 2000, the County will submit for Coalition - input revisions to Administrative Bulletin No. 426 dated April 17, 1990, and an Ergonomic Field Guide, with a goal of finalization by June 30, 2000. SECTION 52 - SPECIAL BENEFITS Social Services First Line Supervisors represented by Social Services Union, Local 535 are eligible to receive the following benefits:. ., SEW 535 SLS _ 158 - 1999 - 2005 MOU SECTION 52 - SPECIAL BENEFITS a Life Insurance. Effective January 1 , 20009 $459000 Group Term Life Insurance will be provided. Premiums for this insurance will be paid by the County with conditions of eligibility to be reviewed annually. b. LTD. Long-Term Disability Insurance will be provided, with a replacement limit of eighty-five percent (85%) of total monthly base earnings reduced by any deductible benefits. The premium for this Long-Term disability Insurance will be paid by the County. C. Vacation Buy Back. A vacation Buy Back plan will be provided for reimbursement for up to one-third (1/3) of an employee's annual vacation accrual, subject to the following conditions: (a) the choice can be made only once in each calendar year; (b) payment shall be based on an hourly rate determined by dividing the employee's monthly salary by 173.33; and (c) the maximum number of hours that may be reimbursed in any year is one- third (1/3) of the annual accrual at the time of reimbursement. d. Professional Development. A Professional Development Reimbursement Plan will be provided to include reimbursement of up to one hundred fifty dollars ($150) per fiscal year for memberships in professional organizations, subscriptions to professional publications, attendance fees at job- related professional development activities, job- SEW 535 SLS _ 159 - 1999 - 2005 MOU SECTION 52 - SPECIAL BENEFITS related books, electronic calendars and organizers, and software and hardware from a standardized County approved list or with Department Head approval, provided each employee complies with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors. Beginning January 1 , 2000, employees shall be eligible for reimbursement of up to four ,hundred dollars ($400) for each two (2) year period. Authorization for individual professional development reimbursement requests shall be made by the Department Head. Reimbursement will occur through the regular demand process with demands being accompanied by proof of payment (copy of invoice or canceled check). e. Longevity Pay. A Longevity Pay Plan will provide a 2.5% increase in pay following completion of ten (10) years of County Service, subject to appointing authority approval based on merit. f. Deferred Compensation Incentive. The County's contribution to eligible employees who participate in the County's Deferred Compensation Plan will be forty dollars ($40) per month. Effective January 1 , 2000, the County's contribution to eligible employees who participate in the County's Deferred Compensation Plan will be fifty dollars ($50) per month. To be eligible for this incentive supplement, eligible employees must first, as a member of this SEW 535 SLS - 160 - 1999 - 2005 MOU ! 11 • � s 1 1 • : 111 1 � 1 1 • . . .111 11 . r. . • 0 z 11 11 lw • • ! • ` ` . • ! • • . t� • ' • . ! ` ! ! • • ` ` . • . . IV so 0 f r • • 1i • SECTION 53 -ADOPTION SECTION 53 - ADOPTION The provisions of this MOU shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. SECTION 54 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION 54.1 Scope of kgreement. Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this MOU demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. The Union understands and agrees that the County is not obligated to meet and confer regarding wages, hours or conditions of employment during the term of this extended agreement, except as otherwise required by law. SEW 535 SLS - 162 - 1999 - 2005 MOU __ SECTION 54 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION 54.2 Seaarablilty 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 Manamment 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, 2005. Said Agreement shall 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. SEW 535 SLS - 163 - 1999 -2005 MOU SECTION 54 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION Gate: CONTRA COSTA COUNTY SEW LOCAL 535 SERVICE LINE SUPERVISORS SEIU 535 SLS - 164 - 1999 - 2005 MOU