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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-655 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Mopted this Resolution on October 1, 2002, bythe following vote: AYES: RVervisors UiUma, DeSwInier, Glover and Gioia NOES: None ASSENT: Nome ABSTAIN: Supervisor Gerber* Subject: Resolution No. 20021-05-- AIopt the Memorandum of Understanding) with the Western Council Of Engineers ) 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 the Western Council of Engineers (WCE) -jointly signed by Kathy Ito, Labor Relations Manager, and Al Schaal, VICE President - regarding economic terms and conditions for October 1, 1999 through September 30, 2005 for those classifications represented by that employee organization. *See attached adderAm I hereby certify that this is a true and correct copy of an acilon taken and entered on the minutes of the Board of supervisors on the date show: ATTESTED: October 1, 2002 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By9�d'� "�-�ti,.�. Deputy Contact:Human Resources Department(Kathylto Q 5-1785) cc: Labor Relations Unit Personnel Services Unit Auditor-Controller County Counsel Al Schaal,WCE ADDENDUM TO ITEM D.3 — October 1, 2002 Supervisor Gerber made the following statement: "Mr. Chairman, on this item, based on my husband's employment, there may be a requirement for disqualification. So to avoid the appearance of any possible conflict with the State Political Act, I am disqualifying myself from acting on closed session employee organization negotiations and on this agenda item. The circumstances are indirect and not obvious in the law, so I am acting affirmatively in order to avoid any appearance of conflict. I am actually going to leave the room while you consider this.l5 i MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND WESTERN COUNCIL OF ENGINEERS This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in [division 34 of Burd of Supervisors' Resolution 81/1165 and has been jointly prepared by the parties'. The Empldy Relations Officer (County Administrator) is the representative of Contra Costa County in employer- employee relations matters as provided in Board of Supervisors' Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Council 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 Burd of Supervisors, as the governing board of the County and appropriate fire districts, as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1 , 1999 and ending September 30, 2005. DEFINITIONS Special provisions and restrictions pertaining to Project employees covered by this MCU are contained in Attachment A which is attached hereto and made a part hereof. DEFINITIONS Appointing Authority: Department Head unless otherwise provided by statute or ordinance. Class*: A group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group. Class Title: The designation given to a class, to each position allocated to the class, and to the employees allocated to the class. Council: Western Council of Engineers Count,: Contra Costa County. Demotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is lower than the top step of the class which the employee formerly occupied except as provided for under Transfer or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classifications. WCE . 2 - 1999-2005 MOU ■ . � � e � ■ » » , � � Z � � _ � e � ` � � f « ® . � e ■ � � ■ � � � f� ■ . f § e � � e � � . . � � $ e : ® � . - - � - � � � � » : . ■ � ■ � _ a ■ �� ® ^ ■ . . � _ . � . - ^ , , � � � e ' � ■ ■ . ` � � - e � f e e � � e , . $ � - � � ■ � _ $ . �■ , e . � � � � . . � � * , , _ ! � ■ � : $ e , . � of e _ $ e � ■ $ � ■ � ■ � � � � ■ � ■ - � - � \ ■ � e _ � - » e � e � $ � � ■ . ; . @ . � ■ e � ' ee. � e � � � t e of $ ■ � © . - � � � # # ~ : � . � . e e - � � e � . � ■ � � . $ , � � ■ ■ ■ , � �a e - e ■ f � � » $ f � . , � . � � , ? ` � < e e � e � � < � e � ® e . . e ® e ■ e � e � , e � e � e , � ■ $ « - - e � . , � � #. . ' $ e » $ . ■ � # , . - � t e � - � e\ f @ e ■ � e � ^ f � f � ■ � , � � e � ■ - � ■ - $ ' e , e # $ . $ - �f f � ® � - ® ® - , 2 f - # - . ■ � ■ ■ � . e , . � � ' � - � � � . _ � � f . . . . $ - a « ■ � �. � ■ e e � : � 2 � $ t � � . , . , : $� , . . . ■ - e , � $ 3 � . $ ® � ■ e ■ � ■ � f ' a , . � . - � ■ - ■ e � e ■ , � � $ $ � . - f � � & � : ' » . - ' , � , � � . e # . e � . � � - $ � f � - f � f e _ � � � $ f . � e � # - � � � e - � ■ e e ■ � fe . � \ fe . - e - . , � . � - # , . ` � - . � ! � ' „ e � DEFINITIONS Permanent Position: Any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. Permanent Status: Appointment to a position which must be confirmed by successful completion of the probationary period specified for the class. Project Emplovee: An employee who is engaged in a time limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenues. Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under Transfer or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classes. Position: The assigned duties and responsibilities calling for the regular full time, part-time or intermittent employment of a person. Reallocation: The act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five percent (5%) of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. wCE -4 - 1999-2005 MOU # f # A � M f SECTION 2 - COUNCIL SECURITY Professional Engineer Unit and has been certified as such pursuant to Board Resolution 81/1165. SECTION 2 - COUNCIL SECURITY 2.1 Dues Deduction. Pursuant to Chapter 34-28 of Board Resolution 81/1165 only a majority representative may have dues deduction and as such the Council has the exclusive privilege of dues deduction for all members in its units. 2.2 Agency Shop. A. The Council agrees that it has a duty to provide fair and non-discriminatory representation to all employees in all classes in the unit; for which this section is applicable regardless of whether they are members of the Council. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1 . Become and remain a member of the Council or, 2. Pay to the Council, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall WCE . 6 - 1999-2005 MOU SECTION 2 - COUNCIL. SECURITY exceed the monthly dues, initiation fees and general assessments made during the duration of this MOO. It shall be the sole responsibility of the Council to determine an agency shop fee which meets the above criteria; or . leo both of the following. a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. Pay a sum equal to the agency shop fee described in Section 2.2.8.2 to a non- religious, non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. C. The Council shall provide the County with a copy of the Council's Hudson Procedure for the determination and protest of its agency shop fees. The County shall provide a copy of the Council's Hudson Procedure to every employee hired into a class represented by the Council after WCE " 7 , 1999-2005 MOU SECTION 2 - COUNCIL SECURITY the effective date of this MOU. The Council shall provide a copy of said Hudson Procedure to every fee payer covered by this MOU within one (1 ) month from the date it is approved and .annually thereafter, and as a condition to any change in the agency shop fee. Failure by an employee to invoke the Council's Hudson Procedure within one (1 ) month after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee. D. The provisions of Section 2:2:B.2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff and leave of absence with a duration of more than thirty (30) days. E. The Council shall provide the Director of Human Resources with copies of a financial report patterned after Form LM-2 pursuant to the Labor Management Disclosure Act of 1959. Such report shall be available to employees in the unit. Failure to file such a report not later than June 1 of each calendar year shall result in the termination of all agency fee deductions without jeopardy to any employee, until said report is filed. WCE . 8 - 1999-2005 MOU SECTION 2 - COUNCIL SECURITY F. Compliance. 1 . An employee employed in or hired into a job class represented by the Council shall be provided with an "Employee Authorization for Payroll Deduction" form by the Human Resources Department. 2. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and the Council's Hudson Procedure and the Council dues, agency shop fee, initiation fee or charitable contribution required under Section 2.2.13.3 are not received, and the employee has not timely invoked the Council's Hudson Procedure, or if invoked, the employee's Hudson Procedure rights have been exhausted, the Council may, in writing, direct that the County withhold the agency shop fee and the initiation fee from the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Council. C. The Council shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, judgments, or other forms of liability that arise out of or by reason of this Council security section or action taken or not taken . by the County under this Section. This WCE - - 1999.2005 MOU SECTION 2 - COUNCIL SECURITY includes, but is not limited to, the County's Attorneys' fees and costs. The provisions of this subsection shall not be subject to the grievance procedure. H. The County Human Resources Department shall monthly furnish a list of all new hires to the Council. 1. In the event that employees in a bargaining unit represented by the Council vote to rescind Agency Shop, the provisions of Sections 2.3 and 2.4 shall apply to dues-paying members of the Council. 2.3 Maintenance of Membership. All employees who are currently paying dues to the Council and all employees in that unit who hereafter become members of the Council shall as a condition of continued employment pay dues to the Council for the duration of this MOU and each year thereafter so long as the Council continues to represent the class to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.5. 2.4 Council Dues Form. Employees hired into classifications assigned in bargaining units cited in Section 2.3 above shall, as a condition of employment at the time of employment, complete a Council dues authorization form provided by the Council and shall have deducted from their paychecks the membership dues of the Council. Said employee shall have thirty (30) days from the date of hire to decide if he/she does not want to become a wCE - 10 . 1999-2005 MOU SECTION 2 - COUNCIL SECURITY member of the Council. Such decision not to become a member of the Council 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 Council, any Council 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 Council. 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 Council. Each such dues authorization form referenced above shall include a statement that the Council and the County: have entered into a MOU, that the employee is required to authorize payroll deductions of Union dues as a condition of employment, and that such authorization may be revoked within the first thirty (30) days of employment upon proper written notice by the employee within said thirty (30) day period as set forth above. Each such employee shall, upon completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his or her right to revoke said authorization. 25 Withdrawal Of MembeBy notifying the Auditor-Controller's office in writing, between August 1 , 2005 and August 31 , 2005, any employee may withdraw from Councilmembership and discontinue paying dues as of the payroll period commencing September 1 , 20001 discontinuance of dues payments to then be reflected in WCE - I i - 1999-2005 MOU SECTION 2 - COUNCIL SECURITY the October 10th paycheck. Immediately upon the close of the above-mentioned thirty (30) day period the Auditor- Controller shall submit to the Council a list of the employees who have rescinded their authorization for dues deduction. 2.6 Communicating With Employees. The Council shall be allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or -in public portions of offices in which there are employees represented by the Council, provided the communications displayed have to do with official organization business such as times and places of meetings and further provided that the employee organization appropriately posts and removes the information. The Department Head reserves the right to remove objectionable materials after notification to and discussion with the Council. Representatives of the Council, not on County time, shall be permitted to place a supply of employee literature at specific locations in County buildings if arranged through the Labor Relations Manager; 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. WCE - 12 - 1999-2005 MOU SECTION 2 - COUNCIL SECURITY The Council shall be allowedaccess to work locations in which it represents employees for the following purposes; a. to post literature on bulletin beards; ba to arrange for use of a meeting room; C. to Dave and/or distribute a supply of literature as indicated above; d. to represent an employee on a grievance, and/or to contact a council officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason for the visit, will be made with the departmental representative in charge of the work area, and the visit will not interfere with County services. 2.7 Use of County, Buildings. The Council 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 Council is scheduled twenty-four (24) hours in advance; b. There is no additional cost to the County; I'WCE - 13 - 1999-2005 MOU SECTION 2 - COUNCIL SECURITY 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 Council shall maintain proper order at the meeting, and see that the space is left in a clean and orderly condition. The use of County equipment (other than items normally used in the conduct of business: meetings, -such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even.though it may be present in the meeting area. 2.8 Advance Notice. The Council shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions designated by the Board, and to meet with the body considering the matter. The listing of an item on a public agenda or the mailing of a copy of a proposal at least seventy-two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four (24) hours before the item will be heard, shall constitute notice. WCE - 14 - 1999-2005 MOU SECTION 2 - COUNCIL SECURITY 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. 2.9 Written Statement for New Employees. The County will provide a written statement to each new employee hired into a classification in any of the bargaining units represented by the Council, that the employee's classification is represented by the Council and the name of a representative of the Council. The County will provide the employee with a packet of information which has been supplied by the Council and approved by the County. The County will also provide the addresses of new employees to the Council if the employee consents in writing to the County providing this information to the Council. 2.10 Distribution of Materials. The Council may distribute materials to designated Council representatives through the County distribution channels if approved by the Human Resources Director or his designee. The decision of the Human Resources Director is final and not subject to the grievance procedure. This privilege may be revoked in the event of abuse after the Human''Resources Director consults with the Council. 2.11 Section 11 of 1977-79 MOU. Section 11 of the 1977-1979 MOU between the County and Western Council of Engineers shall be continued for the duration of this MCU. WCE - 15 - 1998-2005 MOU SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA} SECTION 3 - NO DISCRIMINATIONIAMERICANS WITH DISABILITIES ACT (ADA) There shall be no discrimination because of race, creed, color, national origin, sexual orientation or Council activities against any employee or applicant for employment by the County or by anyone employed by the County, and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established for the position or from carrying out the duties of the position safely or in a manner that does not endanger the health of such person. There shall be no discrimination because of Union membership or legitimate union activity against any , employee or applicant for employment by the County or anyone employed by the County. The County and the Council recognize that the County has an obligation to reasonably accommodate disabled employees. If by reason of the aforesaid requirement the County contemplates actions to provide reasonable accommodation to an individual employee in compliance With the AICA which are in conflict with any provision of this MOU, the Council will be advised of such proposed accommodation. Upon request, the County will meet and confer with the Council on the impact of such accommodation. If the County and the Council do not reach agreement, the County may implement the accommodation if required by law without further WCE - 16 - 1989-2005 MOU SECTION 4 - OFFICIAL COUNCIL REPRESENTATIVES negotiations. Nothing in this MOU shall preclude the County From taking actions necessary to comply with the requirements of the ADA. SECTION 4 - OFFICIAL COUNCIL. REPRESENTATIVES 4 'I Attendance at,M,eetings. Employees designated as official council representatives shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: a, if their attendance is required by the County at a specific meeting; b. if their attendance is sought by a hearing body or presentation of testimony or other reasons; . C. if their attendance is required for meetings scheduled at reasonable times agreeable to all parties, required for settlement of grievances filed pursuant to Section 24 - Grievance Procedure of this MOU. d. if they are designated as a Council representative in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance, provided the meetings are scheduled at reasonable times agreeable to all parties. e. if they are designated as spokesperson or representative of the Council and as such make WCE - 17 - 1999-2005 MOU SECTION 5 - SALARIES 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, and the County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required. 4.2 Council Representatives. Official representatives of the Council shall be allowed time off on County time for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Labor Relations Manager or other management representatives on matters within ,.the scope of representation, provided that the number of such representatives shall not exceed two (2) without prior approval of the Labor Relations Manager, and that advance arrangements for the time away from the work .station or assignment are made with the appropriate Department Head. SECTION 5 - SALARIES 5.1 General Wane Increases. A. The following wage increase schedule shall apply to all employees represented by Western Council of Engineers: WCE - 1$ - 1999-2005 MOU SECTION 5 - SANIES Effective 10/01/99 5.0% Increase Effective 10/01/00 3.0% Increase Effective 10/01/01 4.0% Increase Effective 10/01/02 5.0% Increase Effective 10/01/03 3.0% Increase Effective 10/01/04 3.0% Increase 5.2 Entranceatm. New employees shall generally .-wwrwr.wwwww.rw...wwwwwwrw�wwrn be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range. 5.3 , Anniver„ sary Dates. Except as may otherwise be provided for in deep class resolutions, anniversary dates will .be set as follows: a New Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee successfully completes six (6) months service provided however, if an employee began work on the first regularly scheduled workday of the month the anniversary date is the first day of the calendar month when the employee successfully completes six (6) months service. b Promotions. The anniversary date of a promoted employee is determined as for a new employee in Subsection 5.2.a. above. WCE - 19 - 1999-2005 MOU SECTION 5 -SALARIES 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. Reemplo,yments. The anniversary of an.employee appointed from a reemployment list to the first step of the applicable salary range and not required to serve a probation period is determined in the same way as the anniversary date is determined for a new employee who is appointed the same date, classification and step and who then successfully completes the required probationary period. f. Notwithstanding other provisions of this Section 5, the anniversary of an employee who is appointed to a classified position from outside the County's merit system at a rate above the minimum salary for the employee's new class, or who is transferred from another governmental entity to this County's merit system, is one (1 ) year from the first year of the calendar month after the calendar month when the employee was WCE - 20 . '1999-2005 MOU SECTION 5 - SALARIES appointed or transferred; provided, however, when the appointment or transfer is effective on the employee's first regularly scheduled work day of that month, his anniversary is one (1 ) year after the first calendar day of that month. 54 Increments within Range. The performance of each employee, except those of employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 54 to determine whether the salary of the employee shall be advanced to the next higher step in the salary range. Advancement shall be granted on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend denial of the increment or denial subject to one additional review at some specified date before the next anniversary (which must be set at the time the original report is returned). Except as herein provided, increments within range shall not be granted more frequently than once a year, nor shall more than one (1 ) step within-range increment be granted at one time, except as otherwise provided in deep-class resolutions. In case an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review at some date before the next anniversary the special , salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the County. If an operating department verifies in writing that an administrative or clerical error was made in WCE - 21 - 1999-2005 MOU SECTION 5 - SALARIES 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. 5.5' Part-Time Compensates. A part-time employee shall be paid a monthly salary in the same ratio to the full time monthly rate to which the employee would be entitled as a full time employee under the provisions of this Section 5 as the number 'of hours per week in the employee's part-time work schedule bears to the number of hours in the full time work schedule of the department. 5.6 Compensation for Portion of Month. Any employee who works less than any full calendar month, except when on authorized paid leave, shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis: 5.7 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule as is the class of the position before it was reclassified, shall be paid at the same step of the range as the employee received. under the previous classification. An incumbent of a position which is reclassified to a class which is allocated to a lower range of the basic salary schedule shall continue to receive the same salary as WCE - 22 . 1999-2005 MOU .. . $ .. . . , �- ■ . ■� - � ■ � e - _ . . � ,. $ � _ e - e � f � . . �$ . . ■ e � ■ � � _ � e � f � f . - � - ■ ' � - » ■ ^ � . ® � . of fe � - e e e . , � , � � f � .: , »� ■ � � � � e � e , e ■ � $ . � � , _ � , $ $ � � _ ■ _ � f# � ■ � _ � ■ ` ■ � � ■ � . < - • . . . ' ® � � � �� � � � � � � � � � * e ` , : e � ■ ■ � s � $ t $ �� . _ � � . , < � - e . , ■ ® e e �� f e � � - e � $ � ■ ^ ■ ~ � � e � � � - � � � \ ® ■ ■ e � \ � < , & � � � , � . ■ � . ± - . .f . f 3 � � 2 ■ � - ® ® � - - - � . fes » � ■ ■ - ' � ® � e e � , ■ � � ` ■ e , _ � _ ■ � _ ■ e : # ■ - ■ . � - � e . # f e » ■ - tee � � � \ - � � # - � e ?` e � f� � � f < » ' ` � of � e � of � , 3e , ' , � � � e ® � e ■ . - < . , � - . - e � � f , of e � - � «_ $ ® $ � � e � » :�a � � �t � � e ¥ . « � \ � $ � - . , , < . . e \ ^ � 2 . e � � « , � e � � � - � � e e � . _ » , - % - e e - - . , . e : � � ■ - ° , � e , f \\® ■ e � ^ � - � � � f � � � � � - 2 � � ' ■ � � . - � � e 2 � # e � �$ # - $ e � � � � � ■ f , , � � � - - f2 - fe ■ f e � - _ ■ � � $ � # � � e . � - a e - ■ ■ �, ate . ■ � e � , � � / � , f � ■ ■ ' � e f . e ■ � � f e . � _ � . . > . . ® � � � ® ■ e : � ® , � � ■ � � � - _ . . _ ■ . � '■ & , ■ , a ._ - e ■ _ � _ � � � _ � e � � $ f . � � $ e � ; � , � � . � „ ! , ■ � e � SECTION 5 - SALARIES range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in 5.8.A. above, each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. In the event that the steps in the new range do not contain the same rates as the old range, each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range, or if the new range does not contain a higher step, at the step which is next lower than the salary received in the old range. C. In the event an employee is in a -position which is reallocated to a different class which is allocated to a salary range the same as'above or below the salary range of the employee's previous class, the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallocation. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a. higher step, the incumbent shall be placed at the step which is next lower than the salary received in the old range. D. In the event of reallocation to a deep class, the provisions of the deep class resolution and WCE - 24 - 1999-2005 MOU # - r r a r • r a s r � 0 M y ............................................... . ......... __......._. . SECTION 5 - SALARIES the step in the new range which is ' five percent (5%) greater than the next higher step, if the new range permits such adjustment. 5.11 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 has been demoted next lower than the salary received before demotion. In the event this decrease is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided however, that the next step shall not be less than the minimum salary for the lower class. Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted employee shall be that step on the salary range which he/she. would have achieved had he/she been continuously in the position to which he/she has been demoted, all within-range increments having been granted. 5.12 Salary on voluntary Demotion. Whenever any employee voluntarily demotes to a position in a class having a salary schedule lower than that of the class from which he or she demotes, his or her salary shall remain the same if the steps in his or her new (demoted) salary range permit, and if not, new salary shall be set at the step next below former salary. WCE -26 . 1999-2005 MOU w ., # • ` lw rlo r ,� • w w Iv w w r LU w +� # • w fir # # • w • r � wl. r � M r # t t • r • # • ` w w • • ! SECTION 5 - SALARIES regularly assigned, the employee shall receive compensation for such work at the rate of pay established for the higher classification pursuant to Section 5.9 - Salary on Promotion of the MOU. Effective with the ratification of this MOU, pay for work in a higher classification will commence on the 41St consecutive hour of the assignment, under the following conditions: a. The employee is assigned to a program service, or activity established by the Board of Supervisors which is reflected in an authorized position which has been classified and assigned to the Salary Schedule. b. The nature of the departmental assignment is such that the employee in the lower classification becomes fully responsible for the duties of the position of the higher classification. C. Employee selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. d. Pay for work in a higher classification shall not be utilized as I substitute for regular promotional procedures provided in this MOU. e. Higher pay assignments shall not exceed six (6) months except through reauthorization. f. If approval is granted for pay for work in a higher classification and the assignment is terminated and later reapproved for the same employee wCE - 28 . '1999-2005 MOU � � � ` $ ■ , � � e � ee e . , Q � a e - � e � . ■ f � a t ■ » $ - $ ' . e ■ � ■ a � e - �� $ $ � - e � ■ e � � ■ � � � . e � f ■ f ee e � e » e ■ t � $ _ » , $ ' � ? ■ 41P � lw $ e - ■ - e � - � # e ` � , � � � ■ -. . .. ® ■ � � ® of ee ■ ° ■ � ■ � � � � � $ � � . . e ® ° - : ° . ,- . a . 10e � # - - ■ ■ - ■ , , , _ © », » ■ _ t � e \ � ■ e _ ■ � - - « - ■ $ 10 f ■ ■ - ± _ e $ e 2@ � e - � e f � � � IV � - e , - � e e ^ ■ f � � _ $ $ - $ $ � ■ � e . e � ■ � - -. � _ � ' e e e e , ■ ■ f f _ of ■ , e e * e _ e � � - f ■ e � e � . - � e � f � \ ° ¥ }� � _ � � � � � � . @ . # , . e - , � � ■ . - � e � e � ■a , e � � e e � - ' . # . f e � ' ■ e � e e e � # e � e ® � � � � • . � ! � l � � „ �. e .. SECTION 5 - SALARIES that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his/her warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (113) 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 month of employment by filing on forms prepared by the Auditor-Controller a notice of election to receive salary advance. Each election shall become effective on the first day of the month following the deadline for filing the notice and shall remain effective until revoked. In the case of an election made pursuant to this Section 5.15 all required or requested deductions from salary shall be taken from the second installment, which is payable on the tenth (1 oth) day of the following month. 5.16 Pay Warrant Errors. If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller`s Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new WCE - 30 . 1999-2005 MOU SECTION S - DAYS AND HOURS OF WORK warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and holidays from the time the Department is made aware of and verifies that the pay warrant is in error. Pay errors found in employee pay shall be corrected as soon as possible as to current pay rate but that no, recovery of either overpayments or underpayments to an employee shall be made retroactively except for the six (6) month period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the appointing authority or designee, the Director of Human Resources or designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. SECTION 6 - DAYS AND HOURS OF WORK The normal work week of County employees is forty (40) hours between 12:01 a.m. Monday to 12:00 midnight Sunday, usually five (5) eight (8) hour days; however, where operational requirements of a department require deviations from the usual pattern of five (5) eight (8) hour days per work week, an employee's work hours may be scheduled to meet these requirements. The Department Head shall prepare written schedules in advance to support all deviations, including the complete operational j cycle contemplated. The work week for employees in the 4/10 shift is four (4) ten (10) hour working days during a work week consisting WCE - 31 . '1999-2005 MQU SECTION 7 - OVERTIME & COMPENSATORY TIME of any seven (7) day period. If the County wants to eliminate any existing 4/10 shift and substitute a 5/8 shift or to institute a 4/10 shift which does not allow for three (3) consecutive days off (excluding overtime days or a change of shift assignment), it will meet and confer with the Union prior to implementing said new shift. SECTION 7 - OVERTIME & COMPENSATORY TIME 7.1 Overtime. Overtime is any authorized work performed in excess of forty (40) hours per week or eight (8) hours per day. Overtime for 4/10 shift employees is any work performed beyond ten (10) hours per day or forty (40) hours per week. All overtime shall be compensated for at the rate of one and one-half (1-1/2) times the employee's base rate of pay (not including shift and other special differentials). Overtime for permanent employees is earned and credited in a minimum of one-half (1/2) hour increments and is compensated by either pay or compensatory time off. .Employees entitled to overtime credit for holidays in positions which work around the clock shall be provided a choice as to whether they shall be paid at the overtime rate or shall receive compensatory time off at the rate of one and one-half (1 1/2) hours compensatory time off for each hour worked. Such compensatory time off, and the accumulation thereof shall be in addition to the total vacation accumulation permitted under the terms of this MOU. The specific provision of this accumulation are set forth in Section 12.6 — Accrual of Holidav Time & Credit of WCE - 32 . 1999-2005 MOU SECTION 7 - OVERTIME & COMPENSATORY TIME this MOU. Regular overtime for twenty-four (24) hour institutional employees may be accrued as compensatory time in accordance with Section 7.2 of this MOU. 7.2 Compensatory Time. The following , previsions shall apply: a Employees may periodically elect to accrue compensatory time off in lieu of overtime pay. Employees shall make a choice, which will remain in effect for a period of one fiscal year July 1 - June 30. Eligible employees must notify their Department Head or his/her designee of their intention to accrue compensatory time off at least seven (7) calendar days prior to July 1 of each year. b. The names of those employees electing to accrue compensatory time off shall be placed on a list maintained by the department. Employees who become eligible (i.e., newly hired employees, employees promoting, demoting, etc.) for compensatory time off in accordance with these guidelines, after the list has been compiled, will be paid for authorized overtime hours worked until the preparation of the next annual list, unless such employees specifically request in writing to the Department Head or his designee that they be placed on the list currently in effect. C. Compensatory time off shall be accrued at the rate of one and ane-half (1-1/2) times the actual WCE - 33 . 1999-2005 MOU SECTION 7 - OVERTIME & COMPENSATORY TIME authorized overtime hours worked by the employee. d. Employees may not accrue a compensatory time off balance that exceeds one hundred twenty (120) hours. Once a one hundred twenty (120) hour balance has been attained, authorized overtime hours will be paid at the overtime rate. If the employee's balance falls below one hundred twenty (120) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked until the employee's balance again reaches one hundred twenty (120) hours. e. Accrued compensatory time off shall be carried over for use in the next fiscal year; however, as provided .in D. above, accrued compensatory time off balances may not exceed one hundred twenty (120) hours. f. The use of accrued compensatory time off shall be by mutual agreement between the Department Head or his designee and the employee. Compensatory time off shall not be taken when the employee should be replaced by another employee who would be eligible to receive, for time worked, either overtime payment or compensatory time accruals as provided for in this Section. This provision may be waived at the discretion of the Department Head or his or her designee. WCE - 34 . '1999-2005 MOU SECTION 7 - OVERTIME & COMPENSATORY TIME g. when an employee promotes, demotes or transfers from one classification eligible for compensatory time off to another classification eligible for compensatory time off within the same department, the employee's accrued compensatory time off balance will be carried forward with the employee. h. Compensatory time accrual balances will be paid off when an employee moves from one department to another through promotion, demotion or transfer. Said payoff will be made in accordance with the provisions and salary of the class from which the employee is promoting, demoting or transferring as set forth in L below. L Since employees accrue compensatory time off at the rate of one and one-half (1-1/2) hours for each hour of authorized overtime worked, accrued compensatory time balances will be paid off at the straight time rate (two-thirds (2/3) the overtime rate) for the employee's current salary whenever: 1 . the employee changes status and is no longer eligible for compensatory time off; 2. the employee promotes, demotes or transfers to another department, 3. the employee separates from County service, WCE - 35 - 1999-2005 MOU SECTION 8 - CALL-BACK TIME 4. the employee retires. j. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this Section. 7.3 Fair Labor Standards Act Provisions. The Fair Labor Standards Act as amended, may govern certain terms and conditions of the employment of employees covered by this MOU. It is anticipated that compliance with the Act may require changes in some of the County policies and practices currently in effect or agreed upon. It is determined by the County that certain working conditions, including but not limited to work schedules, hours of work, method of computing overtime, overtime pay, and compensatory time off entitlements or use, must be,-changed to conform with the Fair Labor Standard's Act, such terms and conditions of employment shall not be controlled by this MOU but shall be subject to modification by the County to conform to the Federal Law without further meeting and conferring. The County shall notify the . Union (employee organizations) and will meet and confer with said organization regarding the implementation of such modifications. SECTION 8 - CALL-BACK TIME Any employee who is called back to duty shall be paid at the appropriate rate for the actual time worked plus one (1 ) hour. Such employee called back shall be paid a minimum of two (2) hours at the appropriate rate for each call back. WCE - 36 . 1999-2005 MOU ......K< ..... ..uttt NNN..: vN....N_ .. «<.. ....................... R f • ! ! ., i • ! ! ! Im is I riw a MP .. ,. 1 + R i f R R ♦ R ! ! i R f f ! ! SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT sick leave period, pard 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: a. Identify the classifications) in which position reductions may L 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 WCE - 38 . '1999-2005 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT 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 (TET) program to: 1 . Maintain an employee skills inventory bank to be used as a basis for referrals to other employment opportunities. 2. Determine if there are other positions to which employees may be transferred. 3. Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. WCE - 39 - 1999-2005 MOU SECTION 11 SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT 4. Establish workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. g. When it appears to the Department Head and/or Labor Relations Manager that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit, the Labor Relations Manager shall notify the Council of the possibility of such layoffs and shall meet and confer with the Council regarding the implementation of the action. 11.2 Separation Through Lavoff A. Grounds for Layoff. Any employee(s) having permanent status` in position(s) in the merit service may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). B. Order of La _ff. 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. WCE -40 . '1999-2005 MOU SECTION 11 -SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT C. Layoff By Displacement. 1 . In the Same Class. A laid off permanent full time employee may displace an employee in the department having less seniority in the same class who occupies a permanent- intermittent or permanent part-time position, the least senior employee being displaced first. 2. In the Same Level or Lower Class. A laid off or displaced employee who had achieved permanent status in a class at the same. or lower salary level as determined by the. salary schedule in effect at the time of layoff may displace within the department and in the class of an employee having less seniority, . the least senior employee being displaced first, and so on with senior displaced employees displacing Junior employees. D. Particular Rules on displacing,. 1 . Permanent-intermittent and permanent part- time employees may displace only employees holding permanent positions of the same type respectively. 2. A permanent full time employee may displace any intermittent or part-time employee with less seniority 1 ) in the same WCE -41 . 1999-2005 MOU ............................................................ SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT class or, 2) in a class of the same or lower .salary level if no full time employee in a class at the same or lower salary level has less seniority than the displacing employees. 3. Former permanent full time employees who have voluntarily become permanent part- time employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Director of Human Resources or designee retain . their permanent full time employee seniority rights for layoff purposes only and may in a later layoff displace a full time employee with less seniority as provided in these rules. E. Seniority. An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salary schedule in effect at the time of layoff. Employees reallocated or transferred without examination from one class to another class having a salary within five percent (5%) of the former class, as provided in Section 305.2, shall carry the seniority accrued in the former class into the new class. Employees reallocated to a new deep class upon its 'initiation or otherwise reallocated to a deep class because the duties of the position occupied are appropriately described WCE -42 . ' 999-2005 MOU « e . � � , $ - e - < . # . . ■ . e � � . • ■ � » � � a � � e : . © ? � , � � a - ® - f ■ � - 1 low, - e ■ v $ \e � � 2 _ , ■ � f . e . � _ � - ® a . . _ < » - « , ■ tf ■ tee - eff # � _ : < . � � - - � e . e � � ■ e e , � - IV e . .■ � ■ . � e f � _ - � � . e � � ® � ® ® � f � ■ � � � ■ e � $ � � � � $ e � $ - $ $ # � ■ . e ■� _ � e $ � $ ■ e e - » . § $ , $ � � - . $ $ - f � - - e ■ - e . - $ $ $ , e $ � ■ e # , e � $ ■ � � ■ ■ � e ' ■ - � . f � # , eff 2 _ . ■ e e � $ $ . ■ f e , � e � � \ .e � ° � \ � ® _ ■ - ee e � f ■ - _ e � � � f \ e -. � f ■ . : . ■ � * - � � _ : , � $ e � e � e � - ■ � � e $ � e � . ■ � ■ �� . � � � ■ � � ' � e e � f� . . � f � p - � , - < . f ■ . . � � . § - ? ^ � $ f $ # - � ■ « ? # e # � , � � f � � _ e - , ■ - $ e ` ■ _ ee . : : \ ■ » e � . ■ - ® � ■ a - f � e � ■ ■ ■ e . ¥ e . 2 f - ® . e � ■ � � e _ � e ' 2 of efe a ■ e , � f � � - a , . $ � � e � e f e � � f ■ , . e e ■ . ■ � � - � . . . e , \ r . � \ - 2e ■ - < e � $ e ° ems . - ® ° : ■ f . OF � � � fe e � ' � � e � � � e � § � � � . � e ■ e» e � SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT G. Order of Names on La off. 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 - privileges shall continue on the appropriate list for a period of two (2) years. Persons placed on layoff lists shall continue on the appropriate list for a period of four (4) years. I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff , or displacement or transferred in lieu of layoff or displacement. when a request for personnel is received from the appointing authority of a WCE .44 - 1999-2005 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT department from which an eligible(s) was laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list from the department. When a request for personnel is received from a department from which an eligible(s) was not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period. A person employed from a layoff list shall be appointed at the same step of the salary range the employee held on the day of layoff. J. Removal of games from Reemployment & Lam Lists. The director of Human Resources may remove the name of any eligible from a reemployment or layoff list for any reason listed below: 1 . For any cause stipulated in Section 404.1 of the Personnel Management Regulations. 2. On evidence that, the eligible cannot be located by postal authorities. 3. 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. 4. If three (3) offers of permanent appointment to the class for which the eligible list was WCE -45 - '1999-2005 MOU SECTION 11 -SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT established have been declined by the eligible. 5. If the eligible fails to respond to the Director of Human Resources or the appointing authority within ten (14) days to written notice of certification mailed to the person's last known address. 6. If the person on the reemployment or layoff list is appointed to another position in the same or lower classification, the name of the person shall be removed. 7. :However, if the first permanent appointment of a person on a layoff list is to a lower class which has a top step _salary lower than the top step of the class from which 'the person was laid off, the name of the person shall not be removed from the layoff list. Any subsequent appointment of such person from the layoff list shall result in removal of that person's name. K. Removal of Names from Reemployment and Layoff Certifications. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff certification if the eligible fails to respond within five (5) days to a written notice of certification mailed to the person's last known address. WCE -46 . 1999-2005 MOU SECTION 'I 1 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT 11.3 Notice. The County agrees to give employees scheduled for layoff at least ten (10) work days notice prior to their last day of employment. 11 .4 Special Employment Lists. The County will establish a TET Employment Pool which will include the names of all laid off County employees. Special employment lists for job classes may be established from the pool. Persons placed on a special employment list must meet the minimum qualifications for the class. An appointment from such a list will not affect the individual's status on a layoff list(s). 11.5 Reassimment of Laid Off Employees. Employees who displaced within the same classification from full time to part-time or intermittent statusin a layoff, or who voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a position of another status than that from which they were laid off upon referral from the layoff list, may request reassignment back to their pre-layoff status (full time or part-time or increased hours). The request must be in writing in accord with each department's reassignment bid or selection process. Employees will be advised of the reassignment procedure to be followed to obtain reassignment back to their former status at the time of the workforce reduction. The most senior laid off employee in this status who requests such a reassignment will be selected for the vacancy; except when a more senior laid off individual remains on the layoff list and has not been appointed back to the class from which laid off, a referral from the layoff list will be made to fill the vacancy. WCE -47 . 1999-2005 MOU SECTION 12 - HOLIDAYS 11.6 Further Study. The County agrees to meet with the Labor Coalition for study of the concept of employee's waiver of displacement rights in a layoff. SECTION 12 - HOLIDAYS 12.1 Holidays Observed. The County will observe the following holidays: A. January 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 The Friday after Thanksgiving Day December 25th, known as Christmas Day Such other days as the Board of Supervisors may by resolution designate as holidays. B. Each full time employee shall accrue two (2) hours of personal holiday credit per month. Such personal holiday time may be taken in increments of one-tenth (1/10) hour, and preference of personal holidays shall be given to employees according to their seniority in their department as reasonably as possible. No employee may accrue more than forty (40) hours of personal holiday credit beginning January 1 , 1988. On separation from County service, an employee shall be paid for any unused personal holiday credits at the employee's then current pay rate. WCE -48 . 1999-2005 MOU ....................... .<:. .m.::N< .... ..... ....................................... SECTION 12 - HOLIDAYS on which the holiday falls regardless if it is a Saturday or Sunday. 12.3 Permanent Part-Time Employees. . Permanent part-time and permanent-intermittent employees who work on a holiday shall receive overtime pay or compensatory time credit for all hours worked, up to a maximum of eight (8)• 12.4 4/10 Shift Holidays. A. Holiday Shift Pay. For all employees, if a work day falls on a scheduled holiday they shall receive overtime pay or equivalent compensatory time credit (holiday credit) for working the holiday for the first eight (8) hours worked, or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit for eight (8) hours. B. Absence on Holiday. The maximum time charged to sick leave, vacation or leave without pay on a holiday shall be two (2) hours. 12.5 9/80 Shift Holidays_. A. Holiday Shift Pay. For all employees, if a work day falls on a scheduled holiday, they shall receive overtime pay or equivalent compensatory time credit (holiday credit) for working the holiday for the first eight (8) hours worked; or if a holiday falls on the day off of an employee, the employee wCE - 50 . '1999-2005 MOU sEC'nON 12 - HOLIDAYS shell be given straight time pay or equivalent compensatory time credit for eight (8) hours. B. Absence on Holiday. The maximum time charged to sick leave, vacation, or leave without pay on a holiday shall be one (1 ) hour. 12.6 Accrual of Holidav Time & Credit. Employees entitled to holiday credit shall be permitted to elect between pay or compensatory time off in recognition of holidays worked. The following procedures shall apply to this selection: a. Any person who is eligible and who elects to accrue holiday credit must agree to do so for a full fiscal year (July 1 through June 30) or the remainder thereof. b Employees starting work after a list of those electing to accrue holiday credit has been submitted to the Auditor and approved will be paid overtime unless they specifically request in writing within seven (7) calendar days to be placed on the holiday credit accrual list. C. Holiday time shall be accrued at the rate specified above to a maximum of eight (8) hours worked by the employee. d. Accrued holiday credit may not be accumulated in excess of two hundred eighty-eight (288) working hours, exclusive of regular vacation accruals. WCE - 51 - 1999-2005 MOU SECTION 13 -VACATION LEAVE After two hundred eighty-eight (288) hours, holiday time shall be paid at the rates specified above. e. Accrued holiday credit may be taken off at times determined by mutual agreement of the employee and the department head. f. Accrued holiday credit shall be paid off only upon a change in status of the employee such as separation, transfer to another department or reassignment to a permanent-intermittent position. SECTION 13 - VACATION LEAVE 13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of 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 5.6 Compensation for Portion of Month of this MOU. Vacation credits may not be taken during the first six (6) calendar months of employment (not necessarily synonymous with probationary status) except where sick leave is exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. Vacation may be taken in increments of 1/10 hour. WCE - 52 - 1999-2005 MOU SECTION 13 -VACATION LEAVE 13.2 Vacation Accrual Mates. The rates at which vacation credits accrue and the maximum accumulation thereof are as follows: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 11 years 10 240 11 years 10-2/3 255 12 years 11-1/3 272 13 years 12 238 14 years 12-2/3 304 15 through 19 years 13-113 320 20 through 24 years 15-2/3 400 25 through 29 years 20 480 30 years and up 23-113 560 Employees in permanent part-time and permanent- intermittent positions shall accrue vacation benefits on a pro rata: basis as provided in Section 38-1 .006 of Board Resolution 81/1165. 13.3 B daing of„Service. Employees who are rehired and have their service bridged in accordance with the provisions of this MOU shall have their prior service time count toward longevity accrual. -1'%.4 Accrual During Leave Without Paw. No ..e�n�nnre�..�ene�iee�nere.rrwiee��mrrra-iern�ri 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. IWCE - 53 - 1999-2005 MOU ................................................................... ............................................... SECTION 14 - SICK LEAVE 13.5 Vacation Allowance for Separated Employees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 13.+6 Preference. Preference of vacation shall be given to employees according to their seniority in their department as reasonably as possible unless otherwise provided in the supplemental sections of this Agreement. 13.7 Vacation Leave on Reemployment from a Layoff List. Employees with six (6) months or more service in a permanent position prior to their layoff, who are employed from a layoff list, shall be considered as having completed six months tenure in a permanent position for the purpose of vacation leave. The: appointing authority or designee will advise the Auditor-Controller's Payroll Unit in each case where such vacation is ..authorized so that appropriate Payroll system override actions can be taken. 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 WCE - 54 - 1999-2005 MOU # x + w. # + + • # w w A r r + r w s w IV + r • r w. • r # # w • w • + A # w *r + r " * f • ! # w R R R I ......... __.... SECTION 14 - SICK LEAVE in-law, brother-in-law, sister-in-law, foster children, aunt, uncle, cousin, stepbrother, stepsister, or domestic partner of an employee and/or includes any other person for whom the employee is the legal guardian or conservator, or any person who is claimed as a "dependent" for IRS reporting purposes by the employee. Employee: Any person employed by Contra Costa County in an allocated position in the County service. Paid Sick Leave Credits: Sick leave credits provided for by County Salary Regulations and memoranda of understanding. Condition/Reason: With respect to necessary verbal contacts and confirmations which occur between the department and the employee when sick leave is requested or verified, a brief statement in non-technical terms from the employee regarding inability to work due to injury or illness is sufficient Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: a. Temporary Illness or Injury of an 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 WCE - 56 . 1999-2005 Mou SECTION 14 - SICK LEAVE ��� �I �Yiigl.ir 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 fallowing conditions. 1 . An application for retirement due to disability has been filed with the Retirement Board. 2. Satisfactory medical evidence of such disability is received by the appointing authority within thirty (30) days of the start of use of sick leave for permanent disability. 3. The appointing authority may review medical evidence and order further examination as deemed necessary, and may =terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. C. Communicable Disease. An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a communicable disease. wCE - 57 . '1999-2805 MOU SECTION 14 - SICK LEAVE 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 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 WCE - 58 - 1999-2005 MOU SECTION 14 SICK LEAVE 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: 1 . For working time used in keeping medical and dental appointments for the employee's own care; and 2. For working time used by an employee for pre-scheduled medical and dental appointments for an immediate family member. f. Emergency Care of Family. An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. g. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family or of the employee's domestic partner, but this shall not exceed three (3) working days, plus wCE _ 69 - 1598-2005 MOU SECTION 14 - SICK LEAVE 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. L�ec al 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 extenuating circumstances exist and the appointing authority approves. 2. Not in Pay Status. Paid sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status. 14.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of the employee and the department head. The following procedures apply. wCE - 60 . 1999-2005 MDU SECTION 14 - SICK LEAVE a. Employee Responsibilities. 1 . Employees are responsible for notifying their department of an absence prior to the commencement of their Work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2. Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to Work. 3. Employees are responsible for obtaining advance approval from their supervisor for the, scheduled time of pre-arranged personal or family medical and dental appointment. 4. Employees are encouraged to keep the department advised of (1 ) a current telephone number to Which sick leave related inquiries may be directed, and (2) any condition(s) and/or restriction(s) that may reasonably be imposed regarding specific locations and/or persons the department may contact to verify the employee's sick leave. b. Department Responsibilities. The use of sick leave may properly be denied if these procedures are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. WCE - 61 - 1999-2005 MOU ....................................... SECTION 14 - SICK LEAVE Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim. The department head or designee may make reasonable inquiries. about employee absences. The department may require medical verification for an absence of three (3) or more working days. The department may also require medical verification for absences of less than three (3) working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: 1 . Calling the employee's residence telephone number or other contact telephone number provided by the employee if telephone notification was not made in accordance with departmental sick leave call-in guidelines. These - inquiries shall be subject to any restrictions imposed by the employee under Section 14.4.a. 2. Obtaining the employee's signature on the Absence/Overtime Record, or on another form established for that purpose, as employee certification of the legitimacy of the claim. 3. obtaining the employee's written statement of explanation regarding the sick leave claim. 4. Requiring the employee to obtain a physician's certificate or verification of the WCE - 62 - '1999-2005 MOU _ $ ■ � ® f � : � � f . � ` m� e e f � �� , # _ ° � �� - e _ � - . . . e e t f � � ■ ■ � ■ � e » � � ■ ' ' ■ _ e e � \ � _ e � � ` � e , f . - � ■ � ■ , - . � - e � e � � � f ee �- - ■ ee , � e � 2 ® . - � - : � - ^ � ■ e � ee � _ $ , � e _ , � $ _ _ e . . . . � ' � e e . � � ■ - , _ $ . � . . e e - . ■ ` � � e - $ ® . - e » � � . � e . e f $ - _ - ee " , ■ - 2 - ■ ® $ e . * _ ■ , $ . te , \ e \ to $ f � . - ■ . � - ■ � � � ■ � � - � ® � a � ® # , . � . f � e � � e e . � ■ ■ � - a . ' . « . ® - : ■ . . :e e e - e f e - ® ' ® a 2 - - . # . . . ■ e , f e e ■ .e : � . f $ � f � e - � ■ � . f� 2 e f ® , ■ ? , e $ . . . . � ■ ® e , � �� - � ee # a a � � a � . , � $ � � ■ . . ■ _ � ■ $ r . . . _ . ■ f e � e � ■ � � e . $ . . ■ - ■ - . e � e ■ ■ � � e � � ~ # � _ � ' � ■ ■ � « � ` � � ■ , � - � - � � # e ' - $ _ � - � , $ se � ■ , ■ � < - $ � � � ■ e , . e � e � ■ . . � . � � � � � f e � � � ` � ■ e f � e e � f , $ $ $ � � e , ■ SECTION 14 - SICK LEAVE believes to be temporarily or permanently physically or mentally incapacitated for the performance of the employee's duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employee's, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense and on the employees paid time a physical, medical examination by a licensed physician and/or a psychiatric examination by a licensed physician or psychologist and receive a report of the findings on such examination. If the examining physician or psychologist recommends that treatment for physical or mental health problems, including leave, are in the best interests of the employee or the County in relation to the employee overcoming any disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. leave due to temporary or permanent disability shall be without prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee is entitled other than regular salary. The Human Resources Director may order lost pay restored for good cause and subject to the employee's duty to mitigate damages. WCE - 64 . '1999-2005 MOU SECTION 14 - SICK LEAVE D. Before- an employee returns to work from any absence for illness or, injury, other leave of absence or disability leave, exceeding two . {2} weeks in duration, the appointing authority may order the employee to undergo at County expense a physical, medical, and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. if the report shows that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as he deems necessary in 'accordance with appropriate provisions of this MOU. E. Before an employee is placed on an unpaid leave of absence or suspended because of physical or mental incapacity under (A) or (B) above, the employee shall be given notice of the proposed leave of absence or suspension by letter or memorandum, delivered personally or by certified mail, containing the following: 1 . a statement of the leave of absence or suspension proposed; 2. the proposed dates or duration of the leave or suspension which may be indeterminate until a certain physical or mental health condition has been attained by the employee; wCE - 65 - 1999-2005 MOU ............................................... SECTION 14 - SICK LEAVE 3. a statement of the basis upon which the action is being taken; 4. a statement that the employee may review the materials upon which the action is taken; 5. a statement that the employee has until a specified date (not less than seven (7) work days from personal delivery or mailing of the notice) to respond to the appointing authority orally or in writing. F. Pending response to the notice the appointing authority for cause specified in writing may place the employee on a temporary leave of absence, with pay. G. The employee to whom the notice has been delivered or mailed shall have seven (7) work days to respond to the appointing authority either orally or in writing before the proposed action may be taken. H. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension in writing stating specifically the basis upon which the action is being taken, delivering the order to the employee either personally or by certified mail, effective either upon personal delivery or deposit in the U.S. Postal Service. WCE - 66 - 1999-2005 MOU ' � .. i .. i ! i ' ! ! r ! ' ! ! . w .w ! i rt A i ` ! i ! i ! ! ` ! rt � ` « ! rt i ......................................................... . sEVnON 14 - SICK LEAVE L. If the appeal is to a Disability Review Arbitrator, the employee (and his representative) will meet with the County's representative to mutually select the Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a rehabilitation specialist, or some other recognized specialist mutually selected by the parties. The arbitrator shall hear and review the evidence. The decision of the Disability Review Arbitrator shall be binding on both the County and the employee. Scope of the Arbitrator's Review. 1 . The arbitrator may affirm, modify or revoke the leave of absence or suspension. 2. The arbitrator may make his decision based only on evidence submitted by the County and the employee. 3. The arbitrator may order back pay or paid sink 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. 14.6 workers' Compensation. A permanent non- safety employee shall receive eighty-six percent (86%) of WCE - 68 . 1999-2005 MOU e ap M ♦ ! i �y w - ` 40 i ! • # loo t t t • S ! 7 ............. _._. . _.. ._..... .. ............ SECTION 14 - SICK LEAVE made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which continuing pay is received. Employees shall be entitled to a maximum of one (1 ) year of continuing pay benefits for any one injury or illness. B. Continuing pay begins at the same time that temporary Workers' Compensation benefits commence and continues until either the member is declared medically permanent/stationary, or until one (1 ) year of continuing pay, whichever comes first provided the employee remains in an active employed status. Continuing pay is automatically terminated on the date an employee is separated from County service by resignation, retirement, layoff, or the employee is no longer employed by the County. In these instances, employees will be paid Workers' Compensation benefits as prescribed by Workers' Compensation laws. All continuing pay will be cleared through the County Administrator's Office, Risk Management Division. Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working hours the employee shall be allowed time off up to three (3) hours for such treatment without loss of pay or benefits. Said visits are to be scheduled contiguous to either the WCE - 70 . 1999-2005 MOS! SECTION 14 - SICK LEAVE beginning or end of the scheduled work day whenever possible. This provision applies only to injuries/illnesses that have been accepted by the County as work related. C. Full Pay Beyond one Year. If an injured employee remains eligible for temporary disability beyond one year, full 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. 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 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. WCE - 71 - 1999-2005 MOU ..... ......... ......... ............... SECTION 14 - SICK LEAVE F. Method of Integration. An employee's sick leave and/or vacation charges shall be calculated as follows: C r s C1 - (W s)I C = sick leave or vacation charge per day (in hours) W = statutory workers' compensation for a month S = monthly salary 14.7 Coordination of Benefits. It is understood that the benefits specified above in this Section 14 shall be coordinated with the rehabilitation program as determined by the labor/management committee. 14.8 Accrual During Leave without Pay. No employee who has been granted a leave without pay or an unpaid military leave shall accrue any sick leave credits during the time of such leave nor shall an employee who is absent without pay accrue sick leave credits during the absence. 14.9 Disability Insurance Review Committee. The County shall establish a Disability Insurance Review Committee consisting of one (1 ) representative from each employee organization and four (4) management representatives to review and recommend to the Director of Human Resources the feasibility of implementing a self- funded and self-administered disability insurance program. 14.10 Sick Leave Coalition. The County agrees to meet and confer with a coalition of employee organizations, including this council, to revise the County- WCE - 72 ., 1999-2005 MOU _ � � ■ � ~® ■ . . a � � � � � ■ � � � @ , , aJ All r-,I I tV=OJ MI 11 LOAe e # .� - e - � e $ - - � �.$ . �_ � �f . e e � �� ■ -� e ■ � , . # ■ f � � e � � � , ■ ® e � . e » e � � � . $ ■ � - . e e �e . ■ .� , ` . � �, f � : \ ■. . w f � ■ � � � . . � - \ e . ' $ � e � � ■ $ f � ee - � � � � ■ � � ■ � - e \$ � � : » - � � 7 e . . .® ® . � � . ® - . , � , � � � < � e � � e ■ � e ` f - ~ ■ e � � � e . : • � e - � f $ �ee _ \ - , e ^ f< - $ � - - § : � a ® e � � � ■ ® � � ® a _ � e e e � e \ . ■ e � e ` lw $ \ - e # , e ^ e e � # ' $ - ■ � � e � # � � ^ $ ` � � e : � . , ■ f ■ t @ � ■ � $ e - � - . ® ■ .. e e � � .- e � ® � �■ � � ■ f l § ® ■ ■ - f $ # . f � e e � � , � � . ee � � ■ ■ e , � � ■ . . . . : : � � � . . . . ■ $ f , . - ¢ � � � _ ■ ' , . � f � $ e , 3 $ . f: . ■ � � ■ e � � . � ` - - � � � # � e \ » � � � ■ ■ ` - � - � f _ e , ■ ._ $ e ■ - e � .e ■ ■ - ■ , \ � � � f e � - � � � - � � . � ® � � � ■ � . _ . . �� � $ . # ■ # � � � °# e � � � � # . � . e - - $ _ . � . � _ 2 ■ . � � e ■ ■ � _ ■ � ■ � ° . . . : e � ? » � ■ � � � ■ ■ w- e _ ` . � f ■ � e � $ ■ � . ... ......... ......... ......... ......... ...... ......... ......... ......... ....... .. __. _._.. ._.. _. ................... ......_ _. _. SECTION 15 - CATASTROPHIC LEAVE BANK 15.2 Operation. The plan will be administered under the direction of the Director of Human Resources. The Human Resources Department will be responsible for receiving and recording all donations of accruals and for initiating transfer of credits from the Bank to the recipient's sick leave account. Disbursement of accruals will be subject to the approval of a six (6) member committee composed of three (3) members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests for credits and shall make determinations as to the appropriateness of the request. The committee shall- determine the amount of accruals to be awarded for employees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requester basis. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and shall be treated as regular sick leave accruals. To receive credits under this plan, an employee must have permanent status, must have exhausted all time off accruals to a level below eight (8) hours total, have applied for a medical leave of absence and have medical verification of need. Donations are irrevocable unless the donation to the eligible employee is denied. Donations may be made in hourly blocks with a minimum donation of not less than four (4) hours from balances in the vacation, holiday, floating holiday, compensatory time, or holiday wCE - 74 . 1999-2005 MOU SECTION 15 - CATASTROPHIC LEAVE BANK 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-dive percent (25%) credited to the Catastrophic Leave Bank. Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis. All computations will be on a standard 173.33 basis, except that employees on other than a forty (40) hour week will have hours prorated according to their status. . Any recipient will be limited to a total of 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. No element of this plan is grievable. All appeals from either a donor or recipient will be resolved on a final basis by the Director of Human Resources. No employee will have any entitlement to catastrophic leave benefits. The award of Catastrophic Leave will be at the sole discretion of the committee, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six (6) months. The committee will be entitled to limit benefits in accordance with available contributions and to choose from among; eligible applicants on an anonymous basis those who will receive benefits, except for hours donated to a specific employee. In the event a donation is made to WCE - 75 . 1999-2005 MOU SECTION 16 - LEAVE OF ABSENCE a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria, the donating employee may authorize the hours to be donated to the bank or returned to the donor's account. The donating employee will have fourteen (14) calendar days from notification to submit his/her decision regarding the status of their donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank. Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. SECTION 16 - LEAVE OF ABSENCE 16.1 Leave Without Pay. Any employee who has permanent status may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions, and family care shall be granted in accordance with applicable state and federal law. 16.2 General Administration - Leave of Absence. Requests for leave 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: WCE - 76 - 1999-2005 MOU SECTION 16 - LEAVE OF ABSENCE 1 . Illness, disability or serious health condition, , . pregnancy or pregnancy disability; 3. family care; 4. to take a course of study such as will increase the employee's usefulness on return to the position; 5. for other reasons or circumstances acceptable to the appointing authority. B. An employee must request family care leave at least thirty (30) days before the leave is to begin if the need for the leave is foreseeable. If the need is not foreseeable, the employee must provide written notice to the employer within five (5) days of learning of the event by which the need for family care leave arises. C. A leave without pay may be for a period not to exceed one (1 ) year, provided the appointing authority may extend such leave for additional periods. The procedure in granting extensions 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 WCE - 77 - 1999-2005 MOU SECTION 1+6 - LEAVE OF ABSENCE requests it for up to eighteen (18) weeks in each calendar year period in accordance with Section 16.5 below. E. Whenever an employee who has been granted a leave without pay desires to return before the expiration of such leave, the employee shall submit a request to the appointing authority in writing at least fifteen (15) days in advance of the proposed return. Early return is subject to prior approval by the appointing authority. The Human Resources Department shall be notified promptly of such return. F. Except in the case of leave of absence due to family care, pregnancy, pregnancy disability, illness, disability, or serious health condition, the decision of the appointing authority on granting or denying leave or early return from leave shall be subject to appeal to the Human Resources Director and not subject to appeal through the grievance procedure set forth in this MOU. 16.3 Furlough Days Without Pay. Subject to the prior written approval of the appointing authority, employees may elect to take furlough days or hours without pay (pre- authorized absence without pay), up to a maximum of fifteen (15) calendar days for any one period. Longer pre- authorized absences without pay are considered leaves of absence without pay. Employees who take furlough time shall have their compensation for the portion of the month worked computed in accord with Section 5.6 - Compensation for Portion of Month of this MOU. Full time WCE - 78 . '1999-2005 MDU . • e ! : 4Z � _ - � - , � , ■ � , � - ■ � � # $ e _ _ � e � . ■ � ■ _ � � ■ � e � e � e , � � : ■ � � e - $ , e f � f � � , e � e - ■ 2 \ \ e ■ � � � � . e � e . ■ � , e � � f _ � � e � � $ e e : � , $ ■ � - � - . - $ � ■ - ■ - - ems s � � ■ e e @ � � � ■ e . ® e � �e � $ � e � � � � e � ° $ , § ■ e � _ � � $ � « ® - � ®� ® e e , e e ' . . _ - ■ . � fe � e ■ e . 2 e # $ _ $ ■ . ■ e. f 2 � $ a f \- ® - � � � ® $ , � ■ e » . e � � e � $� � - � e ■ ■ $ , ■ ■ _ ■ - � e e � e � ` e ® � - � � � f @ e \ e $ . � ? $ � � � $ , $ � a �, . ' ■ � © . . � - , f e ° , # ' ee ■ . . - r : - # . � - � � � $ e _ � � e $ e � , � . _ � � � ■ e ` - � e e f ' e � ` � - ® . e - ■ e � e - l ■ � - a � » .- . � ■ ■ � � t � � ,� ® e f e t $ � � ■ ` � � � � ■ f e _ . . e _ 2 - - # � e 2 - � , ■ ■ , � - � , ee � � e � - e � � , $ . , - � � ■ e . ` � � � � e $ © . . � ' - « . $ e � � e , ■ � e < � � of ' - � e e - - � ■ - - � � ■ ■ ` . . � . ® . � - e e . . e - ? � \ ± e . � � . ' ■ ■ $ � e . � � \ $ � . e _ $ � ■ , � � � ■ . _ ?. e - f . . . � wl • � , . e ................................................................. . ........ _ _....__.. ......... .......__.. . .............................................................................. SECTION 16 - LEAVE OF ABSENCE An employee who has been granted a military leave shall not, by reason of such absence, suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the Director of Human Resources may deem necessary. 16.5 Family Care Leave or Medical Leave. Upon request to the appointing authority, in each calendar year any employee who has permanent status shall be entitled to at least eighteen (18) weeks 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 WCE - 80 . 1999-2005 MOU SECTION 16 - LEAVE OF ABSENCE health condition of a child, parent, spouse, or domestic partner of the employee. 16.6 Intermittent Use of Leave. The employee may be asked to provide certification of the need for family care Dave or medical leave. Additional period(s) of family care or medical leave may be granted by the appointing authority. The eighteen (18) week entitlement may be in broken :periods, intermittently on a regular or irregular basis, or may include reduced work schedules depending on the specific circumstances and situations surrounding the request for leave. The eighteen (18) weeks may include use of appropriate available paid leave accruals when accruals are used to maintain pay status, .but use of such . accruals is not required beyond that specifiedin Section 16.12 below. When paid leave accruals are used for a medical or family care leave, such time shall be counted as a part of the eighteen (18) week entitlement. 16.7 Aggregate Use for Spouse. In the situation where husband and wife are both employed by the County, the family care of medical leave entitlement based on the birth, adoption or foster care of a child is . limited to an aggregate for both employees together of eighteen (18) weeks during each calendar year period. Employees requesting family care leave- are required to advise their appointing authority(ies) when their spouse is also employed by the County. 1 WCE - 81 . 1999"2005 MOU ......... ._....... _. _. .._.........................._. __... ........ _. . .................... __..__.... .. ....... .._. _...... __ SECTION 16 - LEAVE of ABSENCE 18.8 Definitions. For medical and family care leaves of absence under this section, the following definitions apply: a. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child who is under eighteen (18) years of age for whom an employee stands in loco parentis or for whom the employee is the guardian or conservator, or an adult dependent child of the employee. b. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian, conservator, or other person standing in loco parentis to a child. C. Souse: 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. wCE - 82 . 19992005 MOU SECTION 16 - LEAVE OF ABSENCE f. Certification for Family Care Leave: A written communication to the employer from a health care provider of a person for whose care the leave is being taken which need not identify the serious health condition involved, but shall contain: 1 . the date, if known, on which the serious health condition commenced, 2. the probable duration of the condition, 3. an estimate of the amount of time which the employee needs to render care or supervision; 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 wCE - 83 . 1999-2005 Mou ._.... ............. . .._.__.._._. _..._._. ......... ......... ......... ........_._.._.... ..._ _ _ SECTION 16 - LEAVE OF ABSENCE the serious health condition involved, but shall contain: 1 . the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employee's job; 4. if for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule and its expected duration. h. Comparable Positions: A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave. ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co-workers, supervisor(s), or other .staffing may have changed during an employee's leave. 16.9 Pregnancy Disability Leave. Insofar as s pregnancy disability leave is used under Section 14.3.13 - Sick Leave Utilization for Pre_ ng ancy Disability, that time will not be considered a part of the eighteen (18) week family care leave period. 'W'CE - 84 . 1999-2005 MOU . ■ ; � � � e � : ; . � � ■ � � � . , � - � � - . « . _ � � 6 e « � � f � @ - f - $ ® \ e� e � e � ' e e # t, e � # ■ ` e e � f � * � � - � � e � � f . � � ` ■ � ■ � ' t . - . . - - � � � - � - @ _ e f� , ■ � . � ' \ ■ � � � el ° � � e � � \ e � e ^ . ■ $ � - - e ± ` � � � f \ e - , $ ■ e � � $ - a � e � ' � ® � ® . wee . ` - . ■ � �e . . . ' .e � e � ■ e � � e © � $ . � e � , � a . ems � ■ . . @ IV _ @IV y � : ® e ms ■ ■ - °. e � , e ■ � � � � � \ � e f �, ■ � 2 � ■ e � � . » _ ©, - # - ■ e ■ � � - � � 2 ` t ■ ■ f t e � e . e . e � � _ � � ■ e e � , # � . ■ � - � ® - - ® ® ® ■ , . $ �■ f� e �� ... e e e e , ■ . . e . ® '. ! O - � � ■ � � � $ � t » � - � e ef � e ■ e � . . . - � ® ■ � ■ _ . . � ^ $ � \ ems . � � � ■ e . ' � _ - - \ ■ : � ■ � � _ \ ' , ° e ■ . e » � . _ e2 \ � 2 , � - ■ � f ■ \ � ■ f � \ ' ■ � * . � � \ 22 . e f ■ � � � . ° ' $ � � ■ � . . ' - f - - # � � ■ _ e � e . ■ , � 2 ■ a - § , e � � � e # ■ � � a e � _ e ® « $ .f e ® e � � \ � ■ . . , » � � ■ e . ^ ■ \ . e . . . _ . � - e e � - e � ® ■ � . ' , ` ■ @ ■ , e ■ � - � - ■ . � - f e f e # $ � � f� � ; ! : ! ■ , � � e _ ......................... ._.__. .. __. .... _ .. ......... ............._.._. ....... ......... ..._..... .................................................................... . SECTION 16 - LEAVE OF ABSENCE Coordination or SDI/Sick Leave Integration or as provided in the sections below. B. Family Care or Medical Leave. During the eighteen (18) weeks of an approved medical or family care leave, if a portion of that leave will be on a leave of absence without pay, the employee will be required to use at least 0.1 hour of sick leave (if so entitled under Section 14.3 - .Policies Governing the Use of Paid Sick Leave), vacation floating holiday, compensatory time off or other accruals or entitlements if such are available, although use of additional accruals is permitted under subsection A. above. C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible employee who files an LTD claim and concurrently takes a leave of absence without pay will be required to use accruals as provided in Section B herein during the eighteen (18) week entitlement period of a medical leave specified above. If an eligible employee continues beyond the eighteen (18) week entitlement period on a concurrent leave of absence/LTD claim, the employee may choose to maintain further pay status only as allowed under subsection A. herein. D. Sick leave accruals may not be used during any leave of absence, except as allowed under Section 14.3 - Policies Governing the Use of Paid Sick Leave. WCE - 86 . 1999-2005 MOU > � � ■ � $ # e - e . - � � � _ � - � � � ■ � � � » � � , # � f e e � � 2 - � # ■ � � ® ¥ : _ � � efe � � � � � � f � f � 2 � $ ■ . ` m - f _ - ■ oe - ° lwe � - ■ ■ ■ e ■ � : y _ . : . � e � _ e e f ■» ® � e . ® e . e � f ■ � � \ « � ■ � � � � � f ■ � . - � � - # ` 2 f ' e f � e � «` . ® � � , f - � a� , e - � - f - ■ e ". � � $ � $ � $ � � ■ � $ . - # � a ■ f � ® e 2 e , e � � � t , . e � - f ^ � � � � _ e ■ , . : f ■ . : ® . - - : - . � � � ■ � ■ ■ - � � e ` e ■ � � e \ � � 3 . e e 2 � � � - e , * $ � � � e � � e � - � � � e ■ ` e � . . . � \ � $ � - e f ` , � . � , � t f � � . _ fe .$ ` � � f ■ e � « _ , � f ■ e e � - � . . ■ � ■ e � _ . . f■ - e e f _ f @ ` ■ - $ ■ » � � $ - , a - $ _ � � � : ■ � �- - e � � - e - e �$ � � � e e � , $ ■ ■ � - e � � � e #a � e � � # . § , � ■ � � * - e $ f2 « � � � e e - . , e , - . e - � e . ■ . e � . , � . . . , . $ ■ . � e ` - _ . 2 ■ ■ 2 « e _ «� ~ - f f ~? . , �� � - .@ . � . _ � � e $ e _ �, e - e ■ \ \ e � . f e . e - ' a � , - . � _ . - � e � - . � � ® e ?e e , , ■ � ee e : e � � - e ■ � , $ e , _ ■ � _ ! � ' ■ f. ■ ................... ......... ._....... _ _. . .......... _.... _. .. . ..... ............................................................................... SECTION 17 - JURY DUTY AND WITNESS DUTY 16.14 Salary Review While on Leave of Absence. The salary of an employee who is on heave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year, shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. 16.15 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. 16.16. Non-Exclusivity. Other MOU language on this subject, not in conflict, shall remain in effect. SECTION 17 - JURY DUTY AND WITNESS DUTY 17.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an employee is obligated to report to the court. When called for jury duty, County employees, like other citizens, are expected to discharge their jury duty responsibilities. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. If summoned for jury duty in a Municipal, Superior, or Federal Court, or a Coroners jury, employees may remain WCE - 88 - 1999-2005 MOU tiol z SA■ 2 I!Ki I I j I a ® .1111A � - � � ■ _ � a . � � a � � , � � # 2 � - - ` e _ e - � ! _ � , e � e � � ■ e $ � - e ® , . f e e , , $ ■ < e _ e e - � ® � , ® � e e f - � � # � - $ # � . ■ � � f - e e - e # # owr � � �, . , ^� - . � e - � , ® � ■ � �� » � ■ - e � l � � e � � � � ©e � � ■ $ � $ � � � � ■ ■ : � , � � ■ $ � � - % : e � - � \ � � � , � f � $ , � � , . � ■ » . - e . . ` of , - f . e f _ . � ` � � ® 2� - - \ ■ e � f � _ a # - � e � - � � e ■ ^ - e , . 10f ■ ' ee ° # e _ f ■ ± e , � � � - f � e ® t\ _ ~ ` e � < - e � e� ® � . e � e �e � ■ e � - �� e $ - ' � ■ ` ® ® ' • - � _ _ . . � _ ©f � _ � , � . e ` #� e � ■ e � � - . ■ - � . f . ■ � e , . e $ . ' ^ � , � � - e � - e � , � � ■ - � @ % f ® - . e e � � e � e ^ . - ■ fie f a ' $ � . � ' e � � e . � . . e ■ . - � � � � � e - . . � ■ e ' � e � e ` � - - � ■ e � � - � ■ _ « f ■ � � � _ � � e � m $ e e� e ■ � a f ■ - ^ f e - � ' ' - ° ■ e _ f \ - � e � . .$ e e ■ ' � . . - f � � . e .� � � : + ! � ' ■ , . e � .......... ..................... .......................... ............................................... SECTION 17 -JURY DUTY AND WITNESS DUTY An employee on short notice standby to report to court, whose job duties make short notice response ' impossible or impractical, shall be given alternate work assignments for those days to enable them to respond to the court on short notice. When an employee is required to serve on jury duty, the County will adjust that employee's work schedule to coincide with a Monday to Friday schedule for the remainder of their service, unless the employee requests otherwise. Participants in 9180 or 4/10 work schedules will not receive overtime or compensatory time credit for jury duty on their scheduled days off. Permanent-intermittent employees are entitled to paid jury duty leave only for those days on which they were previously scheduled to work. 17.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to them other than mileage allowance or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth in Section 17.1 WCE - 90 - 1999-2005 MOU SECTION 18 - HEALTH AND WELFARE,, LIFE AND DENTAL CARE of this MOU. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Permanent intermittent employees are entitled to paid witness duty only for these days on which they were previously scheduled to work. SECTION 18 - HEALTH AND WELFARE. LIFE AND DENTAL CARE 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 wenty (20) hours or more per week as described in the September 30, 1999 agreement between the County and the Labor Coalition (Exhibit A). 182 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. 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 WCE - 91 - 1999-2005 MOU ......... __ _._ _ _....._ ......... ......... ..............._. _ ..._. .. _ .. _ __ .............. _....._. _.._ _ _._...._... SECTION 18 - HEALTH AND WELFARE, LIFE AND DENTAL CARE 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. An employee who is on approved leave of absence may convert to individual health plan coverage within thirty (30) days of the commencement of leave. 18.3 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 monthlyPart B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with two members on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for two enrollees. 18.4 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 WCE - 92 - '1999-2005 MOU SECTION 98 - HEALTH AND WELFARE, LIFE AND DENTAL CARE 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. 15.5 Coveraae 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. An employee who terminates County employment is only covered through the month in which he is credited with compensation but may convert to individual health pian coverage, if available, or may continue County Group health plan coverage to the extend ' provided under COBRA by making premium payments to the County at a time and place specified by the County. 18.5 Retirement Coverage. Upon retirement, employees may remain in the same County group medical MICE - 93 . '1999-2005 MOU . ........- ........................................ SECTION 18 - HEALTH AND WELFARE, LIFE AND DENTAL CARE 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 by converting to individual conversion membership from the County plan through the medical plan carrier, if available. 18.7 Dual Coverage. If a husband and wife both work for the County and one of them is laid off, the remaining eligible shall be allowed to enroll or transfer into the health coverage combination of his/her choice. An .eligible employee who is no longer covered for medical or dental coverage through a spouse's coverage shall be allowed to enroll or transfer into the health coverage combination of his/her choice within thirty (30) days of the date coverage is no longer afforded under the spouse's plan. 18.8 Health Care Spending Account. The County will offer regular full-time and part-time (20/40 or greater) County employees the option to participate in a Health Care Spending Account (HCSA) Program designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre- determined amount of money from their paycheck, not to exceed $2400 per year, for health care expenses not reimbursed by any other health benefits plan with before tax dollars. Effective January 1 , 2000, this amount shall be increased from $2400 to $3000 per year. HCSA dollars can be expended on any eligible medical expenses WCE -94 . 1999-2005 MOU SECTION 18 - HEALTH AND WELFARE, LIFE AND DENTAL CAME allowed by Internal .Revenue Code Section125. Any unused balance cannot be recovered by the employee. 18.9 PERS Lona Term Care. The County proposes to deduct and remit monthly premium and eligible lists to the PERS Long Term Care Administrator, at no County administrative cost, for County employees who are eligible and voluntarily elect to purchase long term care through the PERS Long Term Care Program. The County further agrees that County employees interested in purchasing PERS Long Term Care may participate in meeting scheduled by PERS Long Term Care on County facilities during non-work hours. (i.e.: coffee breaks, lunch hour). 18-10 Deferred Retirement. Effective two {2) months following an approved agreement, employees who resign and file for a deferred retirement may continue in their County group health and dental plan; the following conditions and limitations apply: a. Life insurance coverage is not included. b. jo be eligible to continue health and dental coverage, the employee must: 1 . be qualified for a deferred retirement under the 1937 Retirement Act provisions. 2. be an active member of a County group health and/or dental plan at the time of filing WCE - 95 - 1999-2005 MOU __ ......_ .._...__. _...... ......... ._....... __...... _..... _..... ......._. .._._.. _. _ __ ......................................................................... SECTION 18 - HEALTH AND WELFARE, LIFE AND DENTAL CARE their deferred retirement application and elect to continue health benefits. 3. be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty-four (24) months of their application for deferred retirement. 4. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty (30) days before their separation from county service. C. Deferred retirees who elect continued health benefits hereunder may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement at their full personal expense, by paying the full premium for their health and dental coverage on or before the eleventh (11 th) of each month to the Auditor-Controller. When they begin to receive retirement benefits, they will qualify for the same health and/or dental plan coverage and county subvention to which retirees who did not defer retirement are entitled. d. Deferred retirees who elect continued health benefits hereunder may elect not to maintain participation in their county health and/or dental plan during their deferred retirement period; and may instead qualify for the same coverage and WCE - 96 . 1999-2005 MOU #W t r • W M ai+ - AIS ♦ # � ` 'M` r � �' iif � iR # .•r s � ., 1. � ♦ � * � R . 0 • o • +. SECTION 19 - PROBATIONARY PERIOD promotional appointments, the probation period shall be from six (6) months to two (2) years duration. 19.2 Revised Probationary . Period. When the probationary period for a class 'is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 19.3 Criteria. The probationary period shall date from the time of appointment to a permanent position after certification from an eligible list. It shall not include time served under provisional appointment or under appointment to limited term positions or any period of continuous leave of absence without pay or period of work connected disability exceeding fifteen (15) calendar days. For those employees appointed to permanent-intermittent positions with a nine (9) month probation period, probation will be considered completed upon serving fifteen hundred (1500) hours after appointment except that in no instance will this period be less than nine (9) calendar months from the beginning of probation. If a permanent-intermittent probationary employee is reassigned to full time, credit toward probation completion in the full time position shall be prorated on the basis of one hundred seventy-three (173) hours per month. 19.4 Rejection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. WCE - 98 . 1999-2005 MOU � ♦ i. It � � ! �` r " a ! R � # .r ! r 40 ! 10 ' • ! i w i • ! dr # i # ! ' # i ' i t • • lop • ! i r � # �' � � W ! ! ' I • r ! 7 lw # i ! qwp # • • i # ! .. _ _ ......... . ....................................................................... ...... ......... ......... .......... _... ......... ......... ................................................. SECTION 19 - PROBATIONARY PERIOD period unless the Merit Board specifically reinstates the former period. 19.5 Regular Appointment. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the 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 hearing except as provided in Section 19.4.A. If the appointing authority has not returned the probation report, a probationary employee may be rejected from the service within a reasonable time after the probation period for failure to pass probation. 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. An employee dismissed for other than disciplinary reasons within six (6) months after being promoted or transferred WCE - 100 - 1999-2005 MOU SECTION 19 - PROBATIONARY PERIOD 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. 1966 Layoff During Probation. An employee who is laid off during probation, if reemployed in the same class by the same department, shall be required to complete only the balance of the required probation. If reemployed in another department or in another classification, the employee shall serve a full probationary period. An employee appointed to a permanent position from a layoff or reemployment list is subject to a probation period if the position is in a department other than the department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. wCE - '101 - 1999-2005 MOU SECTION 20 - PROMOTION 19.7 Rejection 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 of subsequently certified and appointed in a different department or classification than that from which the employee was laid off. SECTION 20 - PROMOTION 20.1 Competitive Exam. Promotion shall be by competitive examination unless otherwise provided in this MOU. 20:2 Promotion Policv. The Director of Human Resources, upon request of an appointing authority, shah determine whether an examination is to be called on a promotional basis. 20.3 Open Exams. If an examination for one of the classes represented by the Council is proposed to be announced on an Open only basis the Director of Human Resources shall give five (5) days prior notice of such proposed announcement and shall meet at the request of the Council to discuss the reasons for such open announcement. WCE - 102 - 1999-2005 MOU SECTION 20 - PROMOTION 2fl.APromotion Via Reclassification Without Examination. Notwithstanding other provisions of this Section, an employee may be promoted from one classification to a higher classification and his position reclassified at the request of the appointing authority and under the following conditions: a An evaluation of the position(s) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. b The incumbent of the position must have performed at the higher level for one (1 ) year. ..c: The incumbent must meet the minimum education and experience requirements for the higher class. d. The action must have approval of the Human Resources Director. e The Council approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. }.5 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted' to promotional examinations only if the requirements are met WCE - 103 - 1999-2005 MOU ................. ............................................................1.111,......... .................................................. SECTION 21 -TRANSFER on or before the final filing date. If an employee who is qualified on a promotional employment list is separated from the merit system, except by layoff, the employee's name shall be removed from the promotional list. 20.6 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of seventy percent (70%) or more, shall receive, in addition to all other credits, five one-hundredths of one percent (.05%) for each completed month of service as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final Percentage score from which the rank on the promotional list is determined. No employee, however, shall receive more than a total of five percent (5%) credit for seniority in any promotional examination. 20.7 Physical Examinations. 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. SECTION 21 - TRANSFER 21 .1 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 WCE - 104 - 1999-2005 MOU .......------------- ........................... SECTION 21 -TRANSFER 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 appointmentprocedure provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. 21 .2 Procedure. Any employee or appointing authority who desires to initiate a transfer may inform the Director of Human Resources in writing of such desire stating the reasons therefor. The Director of Human Resources shall if he or she considers that the reasons are adequate and that the transfer will be for the good of the County service and the parties involved, inform the appointing authority or authorities concerned and the employee of the proposal and. may take the initiative in accomplishing the transfer. WCE - 105 - 1999-2005 MOU .................................. _ .. ................................... . _. ..... _.. ......... ......... ......... ..... _................. ...... _.. ....... ......... ......... ......... ......... ......... SECTION 22 - RESIGNATIONS SECTION 22 = RESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. Oral resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the Human Resources Department and shall indicate the effective date of termination. 22:1 Resianation in Good Standing. A resignation giving the appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 22.2 Constructive Resignation. A constructive resignation occurs and is effective when: a. An employee has been absent from duty for five (5) consecutive working days without leave, and; b. Five (5) more consecutive working days have elapsed without response by the employee after the mailing of a notice of resignation by the appointing authority to the employee at the employee's last known address. C. Employees working a 4/10 schedule shall have constructively resigned if four (4) days elapse as WCE - 106 - 1999-2005 MOU SECTION 22 - RESIGNATIONS provided in "a" above followed by four (4) more days as provided in "b" above. 22.3 Effective R,esl anation. A resignation is effective when delivered or spoken to the appointing authority, operative either on that date or another date specified. 2 .4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority. 2 .5 Coerced Resianations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice on the Director of Human Resources and a copy on the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, it shall be revoked and the employee returned to duty effective on the day following the appointing authority's acknowledgment without loss of seniority or pay. C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should wCE - 107 - 1999-2005 MOU ............................................................................. _. ......... ......... ......._. . ._.. . . ..... ......... ......... ......_........... . ......... ........ ....... SECTION 23 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the director of Human Resources waiving the employee's right of appeal to the Merit Board in favor of the employee's appeal rights under the grievance procedure contained in Section 24 — Grievance Procedure of the MOU beginning with Step 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 23 - DISMISSAL, SUSPENSION' TEMPORARY REDUCTION IN PAY, AND DEMOTION 23.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend, temporarily reduce the pay of, or demote any employee for cause. A temporary reduction in pay is not to exceed more than five percent (5%) for a period of three (3) months. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal, suspension, reduction in pay, or demotion may be based on reasons other than those specifically mentioned: a. absence without leave, WCE - 108 - 1999.-2805 MOU SECTION 23 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN RAY, AND DEMOTION b. Conviction of any Criminal act involving moral turpitude, C. Conduct tending to bring the merit system into disrepute, d'. disorderly or immoral Conduct, e. incompetence or inefficiency, f. insubordination, 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, WCE . 109 - 1999-2005 MOU SECTION 23 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION I. material and intentional misrepresentation or concealment of any fact in connection with obtaining employment, M. misappropriation of County funds or property, n. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this MOU, o. dishonesty or theft, p. excessive or unexcused absenteeism and/or tardiness, q. sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. 23.2 Skelly Reuuirements. Before taking a disciplinary action to dismiss, suspend, for more than five (5) work days (four (4) work days for employees on 4/10 work week), reduce the pay of, or demote an employee, the appointing authority shall cause to be served personally or by certified mail, on the employee, a Notice of Proposed Action, which shall contain the following: WCE - 110 - 1999-2005 MOU SECTION 23 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND 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. 2 .3 Employee Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or any extension, the right to respond is lost. Leave Pendine Employee Response. Pending response to a Notice of Proposed Action within the first wCE - 711 - 1599-2005 MOU SECTION 23 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION seven (7) days or extension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 23.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days unless ordered by an arbitrator, an adjustment board or the Merit Board. 23.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or Disciplinary Demotion. A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay of, or demote an employee having permanent status in a position in the merit system, after having complied with the Skelly requirements where applicable, the appointing authority shall make an order in writing stating specifically the causes for the action. B. Service of Order. Said order of dismissal, - suspension, temporary reduction in pay, or demotion shall be filed with the Director of Human Resources, showing by whom and the date a copy was served upon the employee to be dismissed, suspended, temporarily reduced in pay, or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon personal service or deposit in the U. S. Postal Service. WCE - 112 - 1999-2005 MOU r r • • ` r r • � 4 • • r � �" • • r • ` # r r r • r • as ` r • . • • ` • • r • • • ` ` • r • � � w t � w r • AIS � # r yr it � ■ � r • • • ` ` • M • • ! • • r • lo SECTION 24 - GRIEVANCE PROCEDURE represent the employee at any stage of the process. Grievances must be filed within thirty (30) days of the incident or occurrence about which the employee claims to have a grievance and shall be processed in the following manner: Step 1 • Any employee or group of employees who believes that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the grievant's immediate supervisor, who shall meet with the. grievant within five (5) days of receipt of a written request to hold such meeting. Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may submit the grievance in writing within ten (10) work days to such management official as the Department Head may designate. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied, how misapplication or misinterpretation has affected the grievant to the grievant's detriment, and the redress the grievant seeks. A copy of each written communication on a grievance shall be filed with the Director of Human Resources. The Department Head or his or her designee shall have ten (10) work days in which to respond to the grievance in writing. Step 3. If a grievance is not satisfactorily resolved in, Step 2 above, the grievant may appeal in writing within ten (10) workdays 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 WCE - 114 - 1999-2005 MOU ............. :::::,:,:........: .u.n • IV i - i • ! • i • ! ia i all �, i i • i i .• ` i i "' • i i i i ` i i • MP • r • i . a i wi . i i • .� "` SECTION 24 - GRIEVANCE PROCEDURE alleging a violation of Section 24.6 below) may require that the grievance be ' referred to an impartial arbitrator who shall be designated by mutual agreement between the grievant and the Human Resources Director. Such request shall be submitted within twenty (20) workdays of the rendering of the Adjustment Board� decision. Within twenty (20) days of the request for arbitration the parties shall mutually select an arbitrator who shall render a decision within thirty ' (30) work days from the date of final submission of the grievance including receipt of the court reporter's transcript and post-hearing briefs, if any. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the grievant and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any. 24.2 Scope of Adjustment Board and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and 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 Council 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 Step 1 above. WCE - 116 - 1999-2005 MOU SECTION 24 - GRIEVANCE PROCEDURE the grievance will be deemed to have been settled and withdrawn. 24.4 Council Notification. An official, with whom a formal grievance is filed by a grievant who is included in a unit represented by the Council in the grievance, shall give the Council a copy of the grievance. 24.5 Compensation Complaints. All complaints involving or concerning the payment of compensation shall be initially fled in writing with the Human Resources Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, if not detailed in the MOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for' more than six (6) months from the date upon which the complaint was filed. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Council. 24.6 Strike/Work Stoppage. During the term of this MOU, the Council, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, sick-out, or refusal to perform customary duties. WCE - 118 - 1999-2005 MOU SECTION 25 - RETIREMENT 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 (112) of the retirement cost-of-living program contribution. 25.2 Tier 111. Subject to the enactment of enabling legislation amending the 1937 Employees' Retirement Act to allow such election, the County will permit certain Tier 11 employees to elect a Tier Ill Retirement Plan under the following conditions: 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 III, from and after the date of implementation, shall be the same as Tier 1. The disability benefits for Tier III shall be the same as the current Tier 11 disability provisions. 3. The amount of the employee's required retirement contribution shall be established by the County Employees' Retirement Association and shall be based on the employee's age at entry into the retirement system. WCE - 120 - 1 999-2005 MOU ............................................................................................................... .......................................................... .... . • so • # ' • ! # ` • . ' • • ! w ' . ! • sir # ` • ! • # • • • ! w • • • ' # # # . do SECTION 25 - RETIREMENT 2) in the event the County's costs attributable to the creation and operation of Tier III exceed $3 million per year or the County Employees' Retirement Association's actuaries determine in future years that the County's retirement costs have increased and that the increase is attributable to the creation of Tier III and/or the impact of Tier III on the County's retirement costs, such increase shall be funded by reducing the general wage increase(s) agreed upon in future years, and the pay equity amounts attributable thereto, to the extent that future wage increases are granted; and the general wage increase(s) of all employees represented by the Labor Coalition shall be reduced accordingly; and 3) in the event the County's costs attributable to the Tier III Retirement Plan are less than $3 million per year, the difference shall be divided by twelve and each twelfth shall be augmented by an amount equal to the County's common pooled fund interest which would have accrued if one twelfth had been invested in the first month of the past year, two twelfths in the second month of the past year and so forth; and 4) . any savings to the County resulting from the creation and operation of Tier III shall be used to offset future County retirement cost WCE - 122 - 1999-2005 MOU ...................................... SECTION 25 - RETIREMENT increases attributable to the creation and operation of Tier Ill; and 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 11 shall be recovered by reducing general wage increases to the employees represented by the Labor Coalition. d. Any disputes regarding cost or savings shall be subject to binding arbitration upon demand of the Labor Coalition or the County. WCE - 123 - 19992005 MOU SECTION 25 - RETIREMENT 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 Supervisors' action to implement the Tier III Retirement Plan shall be taken not earlier than seven (7) months after the effective date of the legislation plus thirty (30) days after an actuarial report on the County cost of the Plan is received by the County, provided that before enactment of the ordinance, the Labor Coalition has not notified the County in -writing that a one percent (1 %) wage increase shall, be implemented by the County effective October 1 , 1997, without interest, in lieu of implementation of the Tier 111 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 Centra Costa County Employees' Retirement Association. 8. In the event the County is prevented from implementing the Tier III Retirement Plan for any reason on or before the termination date of this MOU, the agreement of the parties regarding a Tier III Retirement Plan shall expire and a one percent (1 %) lump sum wage increase shall be implemented by the County within sixty (60) days after the determination that Tier III cannot be implemented or as soon thereafter as practicable wCE - 124 - 1999-2005 MOU I Z I ulcmj ALL I_ $ f $ f ■ � e \ � � ■ @ � � ■ � � ee � � a , � � f \ � ® @ ■ � - $ $ � � - � a - � � � � � � � » � ■ f f � � _ ¥ e _ e , � e #y � � . � e � � - f � � ° ■ � l � e - ■ � . .. ■ . . f . � $ e - $ $ � e � ■ � # � . $ . � \ . f � � ' ■ � f e e f e e � � � � � - � - e ■ ■ . ■ 00 � e - � � ■ t � ■ # � � � ee � f � $ 7 # � � � . �$ ? , , � � � ■ . . $ e � $ � � � _ � � � �$ � � � © � � - � � ■ ° ■ \ � # _ . � . � $< * . ■ � $ $ - . . ■ � - , . e « � $ � � � .a - _ � ■ . . e � , ■ � e � _ � � e $ ■ : � � � f � . - _ e � ■ .- $ « . � f . � � 2 � � ■ . ® - . $ ' ' � - . e . � � e . : � f � - ■ . . ® - ® ■ \ f ® � e v, f - e - �- # ■ � : � � $ e \ , � $ ■ , . � . : » : . . � . # � � $ © _ . ° - � $ a f a � ` # e f � � - . � ■ � ® . . � � � � - ® - * \ e f * � ■ , * � � a -� * a $ ` � � e § �� # � � � ■� e � ` e e . e �e e� � $ ' , ■ ee - � � � e : � ■ a � - � , � � � a e � - � � � � e . » - - .. SECTION 27 - MILEAGE REIMBURSEMENT development education may be reimbursed for up to one hundred percent (100%) of the employee's net cost. SECTION 27 - MILEAGE REIMBURSEMENT A. Reimbursement for Use of Personal Vehicle. The mileage allowance for use of personal vehicles on County business shall be paid according to the rates allowed by the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the Internal Revenue Service, whichever is later. B. Charge for Use of Home Garaged County Vehicle. Employees hired after July 1 , 1994 who are assigned vehicles to garage at home will be charged the IRS mileage rate for all commute miles driven outside the limits of Contra Costa County that exceed thirty (30) miles round-trip in any one day. SECTION 28 - PERSONNEL FILES An employee shall have the right to inspect and review any official record(s) relating to his or her performance as an employee or to a grievance concerning the employee which is kept or maintained by the County in the employee's personnel file in the Human Resources Department or in the employee's personal history file in WCE - 126 - 1999-2005 MOU ........................................................................................ ... i • i r r i "' i ! i � ! • # i r i i i i ! r � ! ! • ! ' i • Moo .r ! ' ii ! i • ! ! • ii • ! ` or Or w r • f • • Ivlo ` ! i ! . • i ` ! i ! • • ! i • ! i i � • r ! r ! " i . air li � SECTION 29 - PROFESSIONAL DEVELOPMENT Employees have the right to review their official personnel files which are maintained in the Human Resources Department or by their department. In a case involving a grievance or disciplinary action, the employee's designated -representative may also review his/her personnel file with specific written authorization from the employee. SECTION 29 - PROFESSIONAL DEVELOPMENT 29.1 Professional Development Reimbursement. Each full-time employee shall be eligible to claim up to $275 per year for professional development during the duration of this MOU. For each two (2) year period, starting January 1 , 1994, eligible employees will be allowed reimbursement under this Section to a total of $550 . Effective January 1 , 2000, each full-time employee shall be eligible to claim up to $325 per year and will be allowed reimbursement under this Section to a total of $550 for each two (2) year period. Allowable expenses include the following activities and materials directly related to the profession in which the individual is engaged as a County employee: a. Membership dues to professional organizations. b. Registration fees for attendance at professional meetings, conferences, and seminars. C. Books, journals, and periodicals. WCE - 128 - 1999-2005 MOU ................................................................................................................................. .................................................................................. SECTION 29 - PROFESSIONAL DEVELOPMENT d. Tuition and textbook reimbursement for accredited college or university classes. e. Professional license fees required by the employee's classification. f. Application and examination fees for registration as a professional engineer, architect, or engineer- in-training. g. Certain job-related instruments, computer software and computer hardware from a standardized County approved list or with Department Head approval, provided each Engineer complies with the previsions of the Computer Use and Security Policy adopted by the Board of Supervisors and manuals. „Exclusions. Items specifically not authorized for purchase with these funds include, but are not necessarily limited to the following: a. Health program memberships and physical fitness equipment. b. Equipment or supplies not specifically required for or directly related to participation in a professional conference, seminar or workshop. C. General office supplies. WCE - 129 - 1999-2005 MOU SECTION 30 - FLEX-TIME d. Magazine subscriptions, newspapers, periodicals, or journals or general circulation such as Time, Newsweek, Press Democrat Newspaper, etc. e. - Time planners or calendar-type books. 29.2 Continuing Education Allowance. Employees in classifications represented by the Western Council of Engineers shall be eligible to receive a 2.5% Continuing Education Allowance effective the first of the month following adoption of the Memorandum of Understanding by the Board of Supervisors. The employee must annually complete at least sixty (60) hours of approved education or training or at least three (3) semester units of department approved college credit or approved combination thereof. 29.3 Professional Examination Time off. Effective July 19 1992 employees will be permitted, one time only during their career with the County, to be granted release time with pay to participate in any part of the examination for Professional Engineer, Land Surveyor or Architect. Specific language to be developed. SECTION 30 - FLEX-TIME It is understood that Resolution No. 75/1037 pertaining to flextime may be applied to the Professional Engineers Unit as well as other County employees. Nothing contained in this MCU prohibits the Department Head from implementing a flex-time system for employees in the Professional Engineers Unit. The Department Head, prior to implementation, shall discuss the implementation of any NIKE - 130 - 1999-2005 MOU .......................................................................................... ...... ... ! ! R R • r ` ! ! ' ! ! ! ` ! ! ! ! ! ! ! ! r - ! ' ! ! ! ! ' ` ! 6 '� R SECTION 33 - SERVICE AWARDS hundred twenty five dollars ($225). There is no limitation on the number of shoes or number of repairs allowed. The County will reimburse eligible employees for up to one (1) pair per year of prescription safety eyeglasses which are approved by the County and are obtained from such establishment as required by the County. SECTION 33 - SERVICE AWARDS The County shall continue its present policy with respect to service awards including time off; provided, however, that the :type of award given shall be at the sole discretion of the County. The following procedures shall apply: a. Presentation Before the Board of Supervisors. An employee with twenty (20) or more years of service may go before the Board of Supervisors to receive his/her Service Award. When requested by a department, the Human Resources Department will make arrangements for the presentation ceremony before the Board of Supervisors and notify the department as to the time and date of the Board meeting. b. Service Award Day off. Employees with fifteen (15) or more years of service are entitled to take a day off with pay at each five (5) year anniversary. WCE - 132 - 1999-2005 MOU ....................................................................................... .. .. . .................................................. . . SECTION 3+4 - REIMBURSEMENT FOR MEA/. EXPENSES SECTION 34 - REIMBURSEMENT FOR MEAL. EXPENSE: 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 ether official functions. e. When the employee is required to work three ( ) or more hours of overtime; in this case he or she may be reimbursed in accordance with the Administrative Bulletin on Expense Reimbursement. Meal costs will be reimbursed only when eaten away from home or away from the facility in the case of employees at twenty-four (24) hour institutions. VNCE - 133 - 1999-2005 MOU SECTION 35 - PERSONAL PROPERTY REIMBURSEMENT Procedures and definitions relative to reimbursement for meal expenses shall be in accordance with the Administrative Bulletin on Expense Reimbursement. SECTION 35 - PERSONAL PROPERTY REIMBURSEMENT The loss or damage to personal property of employees is subject to reimbursement under the following conditions: a. The loss or damage must result from an event which is not normally encountered or anticipated . on the job and which is not subject to the control of the employee. b. Ordinary wear and tear of personal property used on the job is not compensated. C. Employee tools or equipment provided without the express approval of the department head and automobiles are excluded from reimbursement. d. The loss or damage must have occurred in the line of duty. e. The loss or damage was not a result of negligence or lack of proper care by the employee. f. The personal property was necessarily worn or carried by the employee in order to adequately fulfill the duties and requirements of the job. WCE - 134 - 1999-2005 MOU # # ! Eel z • # # # # # . off it 9 - 0 # # # ` # # # # M 0 SECTION 37 - PERMANENT PART-TIME EMPLOYEE BENEFITS of separation, but shall not include the period of separation. The Human resources Director shall determine these matters based on the employee status records in his department. SECTION 37 - 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 38 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS Permanent-intermittent employees are eligible for prorated vacation,and sick leave benefits. SECTION 39 - PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN 39.1 A permanent-intermittent employee represented by western Council of Engineers may participate in the County Group Health Plan of combined medical, dental and life insurance coverage wholly at the employee's expense. The County will not contribute to the employee's WCE - 136 - 1999-2005 MOU ............................................................................................. . • # ! YM I ! � L E • • • M ` • • � • � Ili. ` • ` • • ` • • • • ` • ' • • .r SECTION 39 - PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN must continue to pre-pay their portion of the health insurance premium in order to continue benefits. In addition, employees who meet the eligibility requirements and - who have. been voluntarily paying for a county group health program shall be allowed to enroll in CCHP Plan A-2 without a waiting period. d. Family Coverage. Employees may elect to purchase at their own expense, family coverage, including domestic partner, and shall follow the procedures outlined in c. above for payment for this optional coverage. e'. Implementation. There shall be a sixty (60) day Open Enrollment period with the initial date of coverage effective August 1 , 2000. Subsequent Open Enrollment periods shall be for thirty (30) days and coincide with the open enrollment period for County employees beginning in 2001 . Permanent-intermittent employees who are not currently eligible, but who subsequently meet the eligibility requirements, shall be notified of their eligibility and shall have thirty (3 0) 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. WCE - 138 - 1999-2005 MOU e z ■ ¥ . . e . . . $ . . _ » � e � ■ � : ' ■ : f � ? , e � � - � � � � - � . e ■ � ' � # � � f � � e � f » . .e . - � ee - . ■ f � - df \ f e � ® e e ® � � � � @ . ■ - ® � $ � � $ . ! . - ■` � \ $ � � - \ ■ � . � ^ fed � � ems $ � � \ $ ■ � - # - , ■ $ e � . . . . � f f e # - e � , ». . e _ e - � - e - � ■ e � ¥ � ® , e � ■ � # � - ■ � : e . � e � ._ _ $ 2 � � � � ■ � �, $ � � $ . � � - � e # - � � �© af < ± � , � . $ , � � a - � $ 2 2 _ , ■ � � ■ - , , ■ e 2 - � e � - ^ e � � ■ # $ _ e - e $ � � $ ■ , \ � $ ■ ' � e ■ e e - $ ' � _ � a � , \ � � � � - a � ■ _ $ . � � � � � � � � � $ � - - . � ¥ � , , , . ■ ■ . � e t � t � s � � � � � � � i � « _. ■► � i � # # ! # ` i i i i w I � I + • # # � t, f i # � # i # # � � f i # _ # # + � � i � r ` n ! ` i .► i # + # ` i # i i ` # +r ` f # # s '� f # f # # l # + i I # f ` # i ` # 4 • M I f � w ` # i # � i i # i w.. 1. : � • • 1 � # r r �► # ` # w r w r SECTION 45 - ADOPTION will be awarded each year to the employee with the highest number of points. Incentives. A series of incentive prizes will be assigned to certain point values. In addition, recognitlon for employee and department participation will be an important aspect of the Wellness Incentive Program. Referral. The parties agree to refer the contents of this proposal to the Wellness Committee for its consideration. 44.4 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. 44.5 Ergonomic Evaluation. A member of the Risk Management staff is available to assess work stations at the . employee's request. Both the employer and the employee agree to follow recommendations made by Risk Management or other professionals who assess the work station in accordance with Administrative Bulletin 426. SECTION 45 - ADOPTION The provisions of this MOU shall be made applicable on the dates indicated and upon approval by the Board of WCE - 142 - 1999-2005 MOU .................................................................................................. .................................................................. : � � - ■ � � . e e . � e @ e � » � � . < - � - - � ° � , � � � _ e � ■ � ` e _ - e � e _ ■ � $ � ■ ■ e ® .e em - - yam ■ � e . . � e : � � . � e � » � .ee ■ , f * . ® -- as .40 � ® - - ■ � f ■ . - « $ e - e . ■ - e e e e e 2 e e e ■ e \ , ■ - � # � - � - � ` $ � � � � � � � $ f � e � � « $ � $ � $ � _ 2 _ � - � 2 � � e , - � � ■ e $ \' e � , \ � ■ - � � � , , . � � � � $ � - - � e ® . ~, $ ■ � $ fe � , ` � . . � . . . � � ■ . e ■ � � � � e ■ e _ � ' � - of , $ � ■ ■ � f e , � - � - ■ � e ■ _ - . � , , e � � � . - l e ® : # f f , � ■ # - : e e � e � e � . ^ t �e � . � � e ■ � t �� � � ■ ^ � � � � e � ■ � �- ■ � 7 e . ■ - - � � � $ . � � ■ � e � e � e � * � ■ # � - � . ® � � ■ : . � . ' . . ■ � f ' ® ' ® : e f � � - � f © f ■ � � e � - � . � fe 2 'e $ � � f � _ , � � > � � « - � . « � ? � # . e _ . � � ■ � . � � � e e $� ■ e� ^ � @ e2 � f _ fe te , : � _ ^ e - � ^ e . � � e f e � . $ # � ' ■ : # . � # e � � ■ � . - � � � ■ � ^ e � � � � a � a � e � f . e . , � < f e $ ■ � e � � _ � e � _ $ , ' � - � � � � e . . � . � � � • ! � � , � � � ■ . SECTION 47 - UNFAIR LABOR PRACTICE portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. 46.3 Personnel Management Regulations. Where a -specific provision contained in a section of this - MOU conflicts with a specific provision contained in a section of the Personnel Management Regulations, the provision of this MOU shall prevail. Those provisions of the Personnel Management Regulations within the scope of representation which are not in conflict with the provisions of this MOU and those provisions of the Personnel Management Regulations which are not within the scope of representation shall be considered in full force and effect. 46.4 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 (60) days from the aforesaid termination date of its intention to amend, modify or terminate the Agreement. SECTION 47 - UNFAIR LABOR. PRACTICE Either the County or the Council may file an unfair labor practice as defined in Chapter 34-22 of Board Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties, may be heard by a mutually agreed upon impartial third party. WCE - 144 - 1999-2005 MOU • 1 ! M 4 • • - � - • - i it r r . ,. +� - • R • . - • s `- ! � 3 i s` - � !