Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-047 3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adopted this Resolution on January 28, 2003 by the following vote: AYES: SUPERVISOR GIOIA, UILKEMA, PLOVER & DeSAULNIER NOES: NONE ABSENT: NONE ABSTAIN: SUPERVISOR GERBER Resolution No. 2003/ 47 Subject: Adopt the Memorandum of Understanding) with the California Nurses Association ) BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the Memorandum of Understanding (MOU) [copy attached and included as part of this document] between Contra Costa County and the California Nurses Association -jointly signed by Kathy Ito, Labor Relations Manager, and Barbara Lambarida, California Nurses Association Labor Representative - regarding economic terms and conditions for October 1, 2002 through September 30, 2005 for those classifications represented by that employee organization. In lieu of a retroactive pay calculation requiring special payroll processing back to October 1, 2002, the County will make a lump sum payment to each eligible employee, without back interest, for the months of October 1, 2002 through December 31, 2002 computed as follows: Employee regular pay, hourly based earnings Including overtime pay and other earnings computed as a percentage of base pay will be added together for each applicable pay period to determine appropriate pay base.This base will be multiplied by five percent(5%). The payment amount thus computed,will be added to the employee's February 10, 2003 paycheck where It will be listed as"LUMP SUM PAY"and will be subject to required deductions such as taxes and retirement. Any employee believing there Is an underpayment resulting from this methodology exceeding fifty dollars($50.00), may contact their Department personnel officer. The Auditor-Controller's office will Investigate and Issue the additional pay, If owed, as soon as possible. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of supervisors on the date shown: ATTESTED: Jerry 28, 2003 JOHN SWEETEN, Clerk of the Board of Supervisors and CountyAd Inistra r d By tY Contact:Human Resources Department(Kathyito C 5-1785) cc: Labor Relations Unit Personnel Services Unit Auditor-Controller County Counsel Dr.Walker,Health Services Department Barbara Lambarida,CNA MEMORANDUM of UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND CALIFORNIA NURSES ASSOCIATION This Memorandum of Understanding {MCU} is entered into pursuant to the authority contained in Board of Supervisors' Resolution 81/1165 and has been jointly prepared by the parties. The Employee Relations Officer (County Administrator) is the representative of Centra Costa County in employer- em ployee relations matters as provided in Board of Supervisors Resolution 81/1165, Section 34-8.012. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees of said representation unit, and 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 of such employees. This MOU shall be presented to the Contra Costa County Board of Supervisors as the joint recommendation of the undersigned for salary and employee benefit adjustments for the period beginning October 1 , 2002 through September 30, 2005. DEFINITIONS DEFINITIONS Appointing Authori : Department Head unless otherwise provided by statute or ordinance. Association: California Nurses Association. 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. County: 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. Director of_Human Resources: The person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. CNA - 2 - 2002-2005 MOU ............... uA,...... • # s # # s .r r r � � # �r i r to t 1 # DEFINITIONS Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under "Transfer" or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classes. Position: The assigned duties and responsibilities calling for the regular full time, part-time or intermittent employment of a person. Reallocation: The act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five percent (5%) of the top step, except as otherwise provided for in the Personnel Management. Regulations, deep class resolutions or other ordinances. Reclassification: The act of changing the allocation of a position by raising it to a higher class or Ireducing it to - a lower class on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such position. Reemployment List: A list of persons, who have occupied positions allocated to any class in the merit system and, who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. CNA "4 - 2002-2005 MOU ... ... F.. .... SECTION 1 -ASSOCIATION RECOGNITION Resignation: The voluntary termination of permanent employment with the County. Temoorary Employimeent: Any employment which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. Transfer: The change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on the salary plan that is within five percent (5%) at top step as the class previously occupied by the employee. SECTION 1 - ASSOCIATION RECOGNITION California Nurses Association ,is the formally recognized employee organization for the Registered Nurses Unit and such organization has been certified as such pursuant to Chapter 34-12 of Resolution No. 81/1165. SECTION 2 - ASSOCIATION SECURITY 2.1 Cues Deduction. Pursuant to Chapter 34-28 of Resolution No. 81/1185 only a majority representative may have dues deduction and as such the Association has the exclusive privilege of dues deduction for all members in its units. CNA - 5 , 2002-2005 MOU SECTION 2 -ASSOCIATION SECURITY 2.2 Agency Shop. A. The Association agrees that it has a duty to provide fair and non-discriminatory representation to all employees in all classes in the units for which this section is applicable regardless of whether they are members of the Association. B. All employees employed in the representation unit on or after the effective date of this MOU , shall, effective as provided in Subsection 1 and continuing until the termination of the MOU, either: 1 . Become and remain ' a member of the Association or; 2. pay to the Association, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutianal, statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of the Association to determine an agency shop fee which meets the above criteria; or 3. do both of the following: CNA - 6 - 2002-2005 MOU SECTION 2 -ASSOCIATION SECURITY 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 Association shall provide the County with a copy of the Association's Hudson Procedure for the determination and protest of its agency shop fees. The Association 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 Association'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. CNA . 7 - 2002-2005 MOU SECTION 2 -ASSOCIATION SECURITY D. The provisions of Section 2.2.13.2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff, and leave of absence with a duration of more than thirty (30) days. E. Annually, the Association shall provide the Director of Human Resources with copies of the financial report which the Association annually files with the Department of Labor. Such report shall be available to employees in the unit. Failure to file such a report within sixty (60) days after the completion of its annual audit, or December 31St, whichever is later, shall result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed. Upon mutual agreement, this time limit may be extended to one hundred twenty (120) days. F. Current Employees and New Employees. 1 . An employee employed in or hired into a job class represented by the California Nurses Association. shall be provided with an Employee Authorization for Payroll Deduction form by the Human Resources Department. CNA - 8 " 2002-2005 MOU N: _ .... :.... _ ...... :N..<N SECTION 2 -ASSOCIATION SECURITY 2. If the farm authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and the Association dues, agency shop fee, initiation fee or charitable contribution required under Section 2,2.13.3 are not received, the Association 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 Association. G. The Association shall indemnify, defend -and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this Agency Shop Section, or action taken or not taken by the County under this Section. This includes but is not limited to the County's attorney fees and costs. H. The authorization of payroll deductions described in Subsection F shall require the employee to agree to held the County harmless from all claims, demands, suits or other forms of liability that may arise against the County for or on account of any deduction made from the wades of such employee. CNA . 9 - X 02-22005 MOU SECTION 2 -ASSOCIATION SECURITY I. The Human Resources Department shall furnish a complete and full list of all employees represented by the Association as soon as feasible after the execution of the new MOU and shall furnish a monthly list of all new hires to the Association thereafter. 2.3 Communicating With Emplovees. The Association 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 Association, provided the communications displayed have to do with matters within the scope of representation and further provided that the employee organization appropriately posts and removes the information. The department head reserves the right to remove objectionable materials after notification to and discussion with the Association. t Representatives of the Association, 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. The Association shall be allowed CNA _ 10 - 2002-2005 MOU .vk,:,:.... A.. _ ...... .....:. _....... .,.... :... v.... _........: SECTION 2 -ASSOCIATION SECURITY access to work locations in which it represents employees for the following purposes: a. to past literature on bulletin boards; b. to arrange for use of a meeting roam; C. to leave and/or distribute a supply of literature as indicated above; d. to represent an employee on a grievance, and/or to contact an Association 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 interfere with County services. 2.4 Use of ouunty,Build%. The ,association 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 Association is scheduled twenty-four (24) hours in advance; b. there is no additional cost to the County; CNA - 11 - 2002-2085 MOU SECTION 2 -ASSOCIATION 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 Association 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. 2.5 Advance Notice. The Association-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 CNA - 12 - 2002-2005 MOU u ... _ _ ....... ..,.. : .::NN. __.... ....r..,.. ........_ .:... - # # r ` r A 1-110 Wiflak r r � •• • ► # r ` r SECTION 3 - NO DISCRIMINATION b. Final Determination. His/her determination is final unless within ten (10) days after notification a recognized employee organization requests in writing to meet and confer thereon. C. Meet and Confer and Other Steps. He/she shall meet and confer with , such requesting organizations (and with other recognized employee organizations where appropriate) to seek agreement on this matter within sixty (60) days after the ten (10) day period in B. (above), unless otherwise mutually agreed. Thereafter, the procedures in cases of agreement and disagreement, arbitration referral and expenses, and criteria for determination shall conform to those in Subsections D through I of Section 34- 12.008 of Board of Supervisors' Resolution No. 81/1165. SECTION 3 - NO DISCRIMINATION _ There shall be no discrimination because of race, creed, color, national origin, sexual orientation or Association 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. There CNA - 14 - 2002-2005 MOU SECTION 4 - NURSE REPRESENTATIVES shall be no discrimination because of Association membership or legitimate Association activity against any employee or applicant for employment by the County or anyone employed by the County. SECTION 4 - NURSE REPRESENTATIVES 4.1 Attendance at ,M etings. Employees designated as nurse representatives of the Association 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 Memorandum; d. if they are designated as a nurse 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; CNA - is - 2002-2005 M©U SECTION 4 - NURSE REPRESENTATIVES e. if they are designated as spokesperson or representative of the Association and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away. from the employee's work station or assignment are made with the appropriate Department Head, and the County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required. 4.2 Association Representative. Official representatives of the California Nurses Association 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. x 4.3 Release Time for Tralning. The County shall provide the Association a maximum of two hundred forty (240) total hours per year of release time for Association- designated representatives to attend Association- sponsored training programs. Requests for release time shall be provided in writing to the Department and County Personnel at least fifteen (15) days in advance of the time CNA - 16 - 2002-2005 MOU .............. _ :::..... SECTION v - SALARIES requested. Department Heads will reasonably consider each request and notify the affected employee whether such request is approved within one (1 ) week of receipt. SECTION 5 - SALARIES 5.1 General Wage Increases. The following wage schedule is in effect for employees represented by California Nurses Association: Effective 10/01/2002: 5.0% increase Effective 10/01/2003: 3.0% increase Effective 04/01/2004: 2.0% increase Effective 10/01/2004: 2.0% increase Effective 04/01/2005: 2.0% increase 5.2 Longevity Pay. Effective July 1 , 1990 employees who have completed ten (10) or more yearsof employment shall receive longevity pay in the amount ,of two percent (2%) per month of base pay. Effective January 1 , 1002 employees who have completed fifteen (15) or more years of employment shall receive additional longevity pay in the amount of two percent (2%) per month of base pay for a total of four percent (4%). Effective October 1 , 2003 employees who have completed twenty (20) or more years of employment shall receive additional longevity pay in the amount of two percent (2%) per month of base pay for a total of six percent (6%). CNA - 17 - 2002 2005 MOU SECTION 5 - SALARIES 5.3 New Pay Equity Master Agreement. The County and the below listed Employee Organizations which participated in the Pay Equity Study jointly agree to provisions in this new Pay Equity Master Agreement executed in May 1995. In executing this agreement, both the County and the participating Employee Organizations (CCCEA Local One, AFSCME Locals 2700 and 512, SEIU 535, California Nurses Association, Western Council of Engineers and the Appraisers' Association) state their intent that (1 ) the provisions of the Pay Equity Master Agreement contained herein shall stand separate from other terms and conditions of employment which may be negotiated and adopted in the MOU between the County and the individual participating Employee Organizations, and that (2) provisions of the Pay Equity Master Agreement will remain in ,place as the basis under which, all represented pay equity classes will be granted adjustments until all remaining classes reach the trend line or until such time as the parties mutually agree to modify or_ terminate this agreement. This agreement shall be presented to the Contra Costa County Board of Supervisors as the joint recommendation of the undersigned. 1 . Scope of _Agreement. The County and the participating Employee Organizations agree that provisions contained herein will fully supersede and replace the February 1993 Supplemental MOU on Pay Equity. CNA - 18 - 2002-2005 MOU .................... .......v.. .wu:x:x::.:•. •...:v. .....:K. ':::...: .v:..::.:: v . ■ < � . . � < 3 $ e # ■ e \ - e ® � e —e \ , � «e � e - ■ - @ - ■ : ^ ee f � � e � � \ e ° § $ we $ w fe - $ ■ , ee . $ ' : @ - e ■ - _ ■ , t ■ . - ° » � � f � ■ . . ■ e ^ f - � f ■ . \ - , a * e , � . . _ _ ■ . - ' e ^ e $ . # ' . . ^ � ef _ \ e ■ e � ` - � e . - ■ ® - e . � e � ° ^ , ■ � $ e f■ � ° e ■ - � , _ ' ■ . � $ - f - © � - ® - « t ■ - : 2 _ e ' ■ - ° ' � - ■ ■ . e . - e � e � ■ ee ` $ « , e � ■ _ � - � 2 e , . � $ $ � e � . e § w . \ \ , e w « 0 , e , e w 0 ' - , $ _ _ 2 f e _ : � . _ ■ � ■ ® ® # � $ , f # �� - e � � § f . ■ � # \ - f e f ■ _ � ■ , < » e : e e , » _ � ■ - f » e . ■ , - f e _ < - : e � # � - e - e � $ : . . e - ■ ■ _ f ■ � ? � � a - . ` ■ - ® � . - e � f � e - e � f � # ■ ' e » . ■ � ■ ■ $ @e � , e e , , � ■ ■ ? � ■ « e SECTION 5 - SALARIES consider only (1 ) whether classes farthest from the trend line shall receive a greater percentage adjustment than classes closer to the trend line, and (2) at what percentage distance below the trend line to apply any differing percentage adjustment. If upon review, the County finds that the manner in which the Employee organizations have structured the distribution is unacceptable, the County and the Employee Organizations shall meet and confer. 4. Effective Dates. The County agrees that any pay equity increases will be effective ninety (90) days from the effective date of any general salary increases. r 5. Indemnification. Each participating union will t promise not to bring or support comparable worth or pay equity litigation against - Contra Costa County or any agent, servant, officer, or employee of Contra Costa County and further promise that in the event litigation advancing comparable worth or pay equity claims is brought against the County or any of its agents, servants, officers, or employees, within five (5) years from the effective date of this agreement by any person(s) employed or formerly employed in a class(es) represented by the participating unions, the union(s) representing such class(es) shall each pay up to five thousand dollars ($5000) of CNA -20 - 2002-2005 MOU .. . ■ : y , we .. . . . . . . .. . . .. . . ... . � ' � $ . � $ - � ff< _ e 2 ■ � � # e . $ � e ® � � ■ f � �� e ® fe � $ � � . a � . \ � � ■ � � f � . - � : $ _ - e imp - - e < - ■ . , et ^ - ■ _ . lw ® � . - _ � e e ^ ■ � � $ � � � � $ e 2� \ � e � . . �' - � < # e - � , a # � » e ■ � f $ ■ _ : $ _ �.` e § f . ` e � ° � f , ■ e _ - . . . ■ � \ � � ■ �- : .■ e � » $ � a � . eef _ ■ � e � � e . � e � � e , ■ . ■ � e � e � � �� ■ m - , � . . ® # , f $ e � e $ � e a � � IV # $ e , ■ ■ - ' e $ $ ' e e ■ - -� e � � �:� - �� e e : � � � � < - � _ � � ® � e e ' f , ■ - f - - . _ e - ■ e - ■ _ < _ , » e # ■ # e - _ $ $ e � f � \. � e � e � �- � � ® � $ ■ ■ � � $ » � ^ ■ � _ _ ■ : . � � � ■ e e , , - e , ■ ■ t � ` � � � � ■ , , , $ . � . � � e e e - e ■ � ■ - - e , . � ■ � e � _ � � \ , $ , f � # � . ` � . ■ e . » . � . . f ._ f e . � � e � < : . - � � � ' ■ e f - < � - � . e « f - . 2 � ■ � ■ � . - - � .- . � _ � � � , ■ . ■ SECTION 5 - SALARIES 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 5.7.a above. C. 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. d. Reempllo, my tints. 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. e. Notwithstanding other provisions of this Section 5, the anniversary of an employee who is appointed to a classified position from outside the CNA - 22 - 2002-2005 MOU � ■ � w� ' : - � . ^ , � � # � . ' - � ■ ■ - f � � . . � e � $ ' e e� - , ® e � . ■ 10110 .f a # - ` t ■ e - + � $ # e � - e e � . _ . - � ' $ e $ � ■ fie ■ � - � - � ' � $ # ■ ' � � e � _ � f � � f � - $ � . ® f ee <- ` � � fe _ : � � e - « e � � $ , ■ IV e . . . . 2 , f . _ , | . - - . . � - , � , - - e - ■ , � e � � � e ■ � � - - \ f ■ � e � - ■ � 2 � ■ $ f - 2 _ � - , $ . � » < � � � � � . � ` # ■ � ® _ e # ee � , f ` „ . - of _ e e � � - � f . . � � ' . � , , � � # . . � - - � . ■ « f � � � e » e _ ® e e ® ' e - $ _ lw 0 e f At :f - , of e , f$ ■ - . � , _ e ek a ■ _ ee $ ■ , e e40 e 4W e ■ - $ ° _ � f e . ee _ ` ■ $ e e . . e � . . � . � � � ■ � . . f � e ■ f � � e � ` � f ^ ' $ � e ` � 2 # - . . $ e - _ ee # _ _ � - � � . # � ' ° e - . - e ■ _ � ■ � e f . , w . ■ � e e - - ,° - � � � f e e _ f ■ e : � . f ■ � $ ` . \ e � , � ■ f _ $ $ � _ - ■ �e . ■ � � � \ - � � ± � ■ f$ � � � � . - e . � f �f � # $ � ■ - e � ~ � ' � � - . � � $ f � e e � ■ � ' e e f � e � � � , e f _ . - � . e . � , $ � � e f � � f ■ � � � � � � � � f - e � e � � � fe _ e f - -: . '■ � ? ■ - e e ems ■ etf■ ® °e ■ � . � § » » ® � _ $ ■ e � ■ � \ � e » � �� ■ � - e . � � � - � ■ � . ■ ! � � e . SECTION 5 - SALARIES denial of the within range increment on some particular anniversary date, but recommends a special salary review at some date before the next anniversary the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the County. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the' first of the month when eligible. 5.9 Fart-Time Compensation. A part-time employee shall be paid a monthly salary in the same ratio to the full .time monthly rate to which the employee would be entitled as a full time employee under the provisions of this Section 5 as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the full time work schedule of the department. If employment is periodic and irregular (permanent- intermittent), depending on departmental requirements, payment for hours worked shall be made at the hourly rate established for the step of the salary range at which a Registered Nurse is appointed. The County shall determine the differential paid to permanent-intermittent Registered Nurses, provided it is no less than fifteen percent (15%) of the hourly rate. 5.10 Compensation for Portion of Month. Any -- employee who works less than any full calendar month, CNA - 24 - 2002-2005 MOU 1 A f i • if • ` i • f f • i Iw IV OF dl 1► • � " ` i i • i s i i • • f ! i '� i i f i i i f f f f f qv f i ! ' • • i f f f i �` f . - f f i f " f i f f f i f • ! i "' ! • ! ! i i i f , i SECTION 5 - SALARIES 5.12 Salary Reallocation & Salary on Reallocation. A. In a general salary increase or decrease, an employee in a class which is reallocated to a salary range above or below that to which it was previously allocated, when the number of steps remain the same, shall be compensated at the same step in the new salary range the employee was receiving in the range to which the class was previously allocated. If the reallocation is from one salary range with more steps to a range with fewer steps or vice versa, the employee shall be compensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before reallocation to the top step of the old range, but in no case shall any employee be compensated at less than the first step of the range to which the class is allocated. B. In the event that a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in Section 5.12.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 CNA - 26 - 2002-2005 MOU � : � � . _ . . � : � ` � � _ � _ � f �� f e . - ■ e � e ' $ . � � � of e ■ - ■ e , _ #. � : ® e _ � . � � $ < . ^ � - $ . - : - � » � � f . 2 - ■ � f e � � - � a � � t - � � � ' � e e � ® ? � , e e ■ . . � f _ # � � - $ .$ _ e - � - _ � . . � � e _ ^f ■ e � ` _ � - ■ f f � � � - _ ■ , $ ■ � e e % # . � f . , , � _ � � ef e � � ® - e ■ � � f . . e - e ? , © � � ' . � ef � � � � � ■ ` e _ ,® $ � � f . f ■ . _ - � _ . � . � e � _ � � � � _ f $� $ � f � ' f ■ ef � e - � - � e < _ a � \ � � , . , . � _ � � e � _ � e � ■ � . ' � � \ � e $ � ■ $ � � � � f \ � � , f * � � f _ ■ - ■ ' e e , � . � f � � e % . , ■ f e » . ® « � � � » ` ■ ■ � ® � _ � ■ f » � � > f � , e ■ f - . � � � � - 2 � � � � e � � - ■ e _ e - $ � � - - � » $ � e ■ � � � ■ e _ � , � a � + � ® e � � 2 � e ` � e � # . . � ' ■ 4 � f . � $ . � � # f � � � , _ . � � ` - ■ � ■ e � � � ■ � ■ - _ ® � ■ � � e \ . � ■ ° �a , # - - ■ , � � f e e . � e : e � 3 e - - e � © � f � e . ■ � $ � § \ � of � � - , ■ � � e < _ � � ■ f . - ■ � - e � . � � � � � , . ■ ' « , , �. f � ■ e - - . � � � � ■ e ■ � � ■ e � ee � ■ � ■ � » _ � ■ � � e e � � e � � � � _ _ , e f � � � ' < » ? e � - ■ : e $ ' # - � . - ■ � < � $ ■ � $ e - � . a � ■ < � � `� . - � � � © _ � � � � f � , ? , , � e ® . . � - # � - � � » � ` - � f - � - ■ e - ■ 3 $ � ^ a e . . 2 ± - � _ _ : - � � . • � ■ ■ \ . � ■ ' e SECTION 5 - SALARIES less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is at least five percent (5%) greater than the next higher step; provided, however, that the next step shall not exceed the maximum salary for the higher class. In the event of the appointment of a laid off employee from the layoff fist to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in a decrease in which case the employee is appointed to the next higher step. If however, the employee is being appointed into a class allocated to a higher salary range than the class from which the employee was laid off, the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee's current step whichever is higher. 5.14 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.16, shall have his/her salary reduced to the monthly salary step in the range for the class of position to which he/she has been demoted next lower than the salary received before demotion. In the event this decrease is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided, however, that the next step shall not be less than the minimum salary for the lower class. Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted CNA - 28 - 2002-2005 MOU f ` . ■ e � . ` , � � - - ■ _ e ® . - ■ - f $ � � . e . f e e � e � ■ . . » � � � � ° � - ` � $f ® � � @ . . . e - e _ . . ., e - . � - - � \ \ � �� ■ $ f - e . � - e � . � � . - e , � � � ■ . � � e � � . � _ _ . - # e f - ■ _ � ■ - � # - - . e � ee ~ � $ � . � . . . e , � _ � , � # - e � � � . _ � e . ' , . . ■ � - : , � , � . � , ■ � � � � » � f � _ � ■ ± � e � . e , _ � , . e � . _ � � � $ ■ � � f � , � < '� _ © ' _ ® eye , ' - - ■ $ ' ■ ® � . � _ � � f � ® � � e � � - ~ _ e e e . � e , � � � ® e ■ � - � -� - e e � � e � $ � � � � - � � ■ - $ e � e . $ � _ � � e � . - e � ' ' e ■ - ` \ _ ■ f e _ f e � f � � f ■ � ^ � � * � � a � � � � ' � _ _ � .® f ■ \ � - ■ e � e f � ® , � ■ _ ■ � ■ , � - \ f ■ e . � $ � e � f $ - ` ■ - � . ■ � e � ■ � � , e , � f � � , , _ ■ $ . - $ - � e ■ f $ e e < ' r*rJRYM WMILL , ,. # ■ ® .40 . - - e $ e ' - � � � � e � � � e � # - » � _ � � $ - � ■ e - � � � � ® - � ■ ■ � � � . � � e . 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 Subsection 5.13 Salary on Promotion of this Memorandum, commencing on the 41st consecutive hour in the assignment, under the following conditions: a. The employee is assigned to a program, service, or activity established by the Board of Supervisors which is reflected in an authorized position which has been classified and assigned to the Salary Schedule. b. The nature of the departmental assignment is such that the employee in the lower classification becomes fully responsible for the duties of the position of the higher classification. ' Y C. Employee selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. d. Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures provided in this Memorandum. e. The appropriate authorization form has been submitted by the Department Head and approved by the County Administrator. f. Higher pay assignments shall not exceed six (6) months except through reauthorization. CNA - 30 - 2002-2005 MOU SECTION 5 - SALARIES g. If approval is granted for pay for work in a higher classification and the assignment is terminated and 'later reapproved for the same employee within thirty (30) days, no additional waiting period will be req u i red. h. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential and Emergency Department differential) accruing to the employee in his/her permanent position shall continue. L During the period of work for higher pay in a higher classification, an employee will retain his/her permanent classification, and anniversary and salary review dates will be determined by time in that classification; except that if the period of work for higher pay in a higher classification exceeds one year continuous employment, the employee, upon satisfactory performance in the higher classification, shall be eligible for a salary review in that class on his/her next anniversary date. Notwithstanding any other salary regulations, the salary step placement of employees appointed to the higher class immediately following termination of the assignment, shall remain unchanged. j. Allowable overtime pay, shift differential and/or work location differentials will be paid on the basis of the rate of pay for the higher class. CNA - 31 - 2002-2005 Moth SECTION 5 - SALARIES 5.18 Payment. On the tenth (1 nth) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the preceding month; provided, however, that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall, on the twenty-fifth {25th} day of each month, draw his/her warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3) or less, at the employee's option, of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. 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 a 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 all required or requested deductions from salary shall be taken from the second installment, which is payable on the tenth (10th) day of the following month. 5.19 Nursing Certification Test Fee Reimbursement. The County shall reimburse employees for test fees involved in taking National Certification tests upon presentation of certification. CNA . 32 - 20022005 Mou v. . h . ... w _ .....m .,..... v.. - � ■ � � � ■ • • � ■ ■ � � ■ . 2 ■ - : � $ ,� ■Ixtiv, ■ $ - � $ � � �$ � , � # � t ! ' f $ � � : r ■ ■ � f ■ e . - - � . e � � � $ � e . . � e � � � , � ■ f - � $ - � e $ � �■ � $ $ � $ � e � ` � a , - � . � « <f ^ � � - e ® ■ � - - , f 2 � ■ - # � � - � � ® f � . ■ f � � � � � . $ � ° � e � . �e . . $ $ � ■ ~� � ^ � ■ � . � ` - e � & e e , � � f �. e ■ f , ■ � , f $ . � - - � e ` » e ` e � � \ f � ' e - ■ � � ■ � ? � e ® » ■ . � � � � � f . f $ ^ � e ■ , . e - � � e f - � � � � ■ $ - � ? � $ � « $ » � � � ■ ~ � - a . � e .e ff � - � - - e ' � f : ■ . _ - $ e f � « e - � ■ m. f ' ■ - � f � _ ■ f e ■ . � k $ � a � ■ - � � - � $ � e � � e e � # e . e : _ e e � � � \ e � < � � , ■ % ■ � e� . . . ® , e � , ■ ' ■ , - � � f � . � � ■ ® � \ OFe opf e . ee $ _ . ■ e \ « - . e f e � #, � . � f .e ■ � � ■ e - , . ■ � � § � ® e � � � � � e _ � � ■ - $ ■ < e � � � � ■ � e . � e , � ■ : . � - . :■ @ e � � � � �f � e _ ■ � e ■ , � , � - � : � « � � 3 - - � ■ . _ � - � . ■ � ® $ \' tee � � � 5 . , » . $ � 2e $ � � - _ . � » � - � - � . ' $ � - ■ - e ■ . - e ■ � . � � $ � ■ � � , . e � � � � e e � ■ ter � : , ® � $ y � � � $ . < , . � , � � � , ■ � . f ® � 2 e ■ ® � $ � t e � \ - � � � . � 7 , � e f e _ � � � - � � ° � - � e f ' eef e � e � � � , © � ' �� . ■� . » e ® : « . ■ + . . � - � � e - e , » ■ . � _ e - � e � e . f - $ e �e , � e � f � # ■ ■ ■ � � ' © ■ � e ■ � � , , e2 . � � � � � � . | ■ .� . ■ � � � e � ' � i "' ! i f • f i f ! i • i - ! i i "` if • • i ` • i i ` � f i " - • - ! f • • if ' ! , ! • • i i i • ` ' ! 1! lw 10 ' ! IV SECTION 7- OVERTIME AND COMPENSATORY TIME this accumulation are set forth in Section 12.5 — Accrual of Holiday Time of this MOU. Regular overtime for twenty-four (24) hour institutional employees may be accrued as compensatory time in accordance with Section 7.2 of this MOU. 7.2 Compensatory Time. The . following provisions shall apply: a. Employees may periodically elect to accrue compensatory time off in lieu of overtime pay. Eligible employees must notify their Department Head or designee of their intention to accrue compensatory time off or to receive overtime pay at least thirty (30) days in advance of the change. 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, must elect to accrue compensatory time or they will be paid for authorized overtime hours worked. C. Compensatory time off shall be accrued at the rate of one and one-half (1-1/2) times the actual authorized overtime hours worked by the employee. CNA - 36 - 2002-2005 MOU u N. .:.. _ __..,..... :..:. .,., R , R • SECTION 7- OVERTIME AND COMPENSATORY TIME 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 i. 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] of the overtime rate) for the employee's current salary whenever: 1 . the employee changes status I and is no longer eligible for compensatory time off; 2. the employee promotes, demotes or transfers to another department, 3. the employee separates from County service; 4. the employee retires. CNA -38 - 2002-2005 MOU f � * e � f � $ � . � e � e � � ■ � � e � � � . . _ ■ ® f ® e ■ e �e � e . - � .e � ■ � � � � , f � ■ $ � ' f : ■ < � � e . e � e e � 2 � � ■ � � � . .ff � e � $ e . ` ■ � « ° e � ■ - � � f � ■ e f � � - a � e � � . < � � � e . ' _ � ■ � � � � f e � ° ■ � � e . � e ■ � ■ e � � � - � ■ . e - � � _ e - e ¥ � , e f � , �� � _ � � \ _ � � e $ � � $ _ ' _ � � . ® � $ ■ . $ � e » � e e � $ � � � e e < , �. _ e - ■ ■ e ' $ , � - � � - � $ : e . , ., ® _ _ � e ■ � e - ® ■ e f f � � � � , � � , . ` � � ^ $ e - ` � � . _ f■ e » . � ■ ■ - - ■ e _ « . � ■ ' $ - ■ , � � � � . � . ■ e ■ � � _ � � � � ee � ee � . - � � - a f » � � ■ � � � � $ $ : � ■ � � _ � $ ■ < ■ � � e ■� _ , � ■ , � - $ � ■ . � . . @ � ■ - , , . lw . . . e - ■ - � e 2 . e ., . , < e � � � � @ $ - �� � e � e ■ � � ■ . � ' ■ # , � e ■ . 2 � _ e � e , e e � , ° . , - � e ° ■ - � ■ . ■ � � � � $ � ° � $ . . � , . . . f - § � a �■ _ � e ' _ � .�, e , .. SECTION 9 - ON--CALL DUTY SECTION 9 - ON-CALL DIRTY On-call duty is any time other than time when the employee is actually on duty during which an employee is not required to be on County premises but stand ready to immediately report for duty and must arrange so that the employee's superior can contact the employee on ten (10) minutes notice or less. An employee assigned to on-call time shall be paid one (1 ) hour of straight time pay for each four (4) hours on such on-call time. However, Registered Nurses who are assigned to on-call for the Operating Room or Post Anesthesia Recovery shall be paid one (1 ) hour of straight time pay for each two (2) hours on such on-call time. SECTION 10 - SHIFT DIFFERENTIAL 10.1 Shift Differentials. A. Evening Shift. An employee who. works an evening shift in which the employee works four (4) or more hours between 5:00 p.m. and 11 :00 p.m. shall receive a shift differential of twelve percent (12%) of the employee's base pay. Split shifts with more than one and one-half (1- 1/2) hours between the two portions of the shift shall also qualify for the twelve percent (12%) hourly differential. CNA -40 - 2002-2005 MOU ::. ::s A:.:.... __ :.:::::::::::::A.:: N N......vm... SECTION 10- SHIFT DIFFERENTIAL B. Night Shift. An employee who works a night shift in which the employee works four (4) or more hours between 11 :00 p.m. and 3:00 a.m. shall receive a shift differential of fifteen percent (15%) of the employee's base pay. C. Special Provisions. 1 . An employee who works overtime shall receive shift differential in addition to overtime compensation only when the overtime hours independently satisfy the requirement for shift differential as stated above. The shift differential shall be computed on the employee's base salary. 2. Employees who have beenr regularly working a shift qualifying for §hift differential immediately preceding the commencement of a vacation, paid sick leave period, paid disability or other paid leave, will have shift differential included in computing the pay for their leave. The paid leave of an employee who is on a rotating shift schedule shall include the shift differential that would have been received had the employee worked the shift for which the employee was scheduled during such period. Shift differential shall only be paid during paid sick leave and paid disability as provided above for the first thirty (30) calendar days of each absence. CNA - 41 - 2002-2005 MOU SECTION 10 - SHIFT DIFFERENTIAL 3. Employees in the Registered Nursing Unit whose regular shift is extended such that it ends twelve (12) consecutive hours or more after its beginning shall receive shift differential paid at the differential rate appropriate for those additional hours in excess of eight (8). Effective July 1 , 1992 a Registered Nurse released from duty at the request of Nursing Administration prior to the completion of twelve (12) hours work will receive the appropriate shift differential on those hours worked in excess of eight (8) hours. 4. When a shift employee works on a recognized holiday, the employee shall be entitled to holiday pay and shift differential to be computed on the employee's base salary. 10.2 Weekend Differential. Effective January 1 , 1992 Registered Nurses shall receive a weekend shift bonus of an increased $30.00 per shift for each weekend shift worked which 1 ) falls on weekends for which the nurse is not scheduled to work in their normal work schedule; 2) falls between the beginning of the night shift on Friday and the end of the evening shift on Sunday; 3) is worked for the full duration of the shift, and 4) is not the result of a trade. The Registered Nurse is to note such qualifying shifts on his/her time sheets in order to receive this compensation. CNA - 42 - 2002-2005 MOU 1 1 r i i i f i ` i • i � i ` i i i i ! • ar ` ,� i ' i f • f f . • iii ' i ` . • iii f � i f ♦ i ' ! ! ! i i i • i ` • f �! • i . i R • i i f i t1 1 ! i SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF AND REASSIGNMENT a. Identify the classifications) in which position reductions may be required due to funding reductions or shortfalls. b. Advise employees in those classifications that position reductions may occur in their classifications. C. Accept voluntary leaves of absence from employees in those classifications which do not appear to be potentially impacted by possible position reductions when such leaves can be accommodated by the department. 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: CNA - 44 " 2002-2005 MOU .:. ...... ..,o;.::....s...v..,ti;..:::. ...::.;.;.;:..;:.:..;. ,...,,........ -. SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF AND REASSIGNMENT 1 . Maintain an employee shills inventory bank to be used as a basis for referrals to other employment opportunities. 2. Determine if there are other positions to which employees may be transferred. 3. Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. 4. Establish workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. g. when it appears to the Department Head and/or Labor Relations Manager that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit, the Labor Relations Manager shall notify the Union of the possibility of such layoffs and shall meet and confer with the Union regarding the implementation of the action. 11.2 Separation Through Layoff mrig pis ii.�.r 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, CNA -45 . 2002-2005 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF AND REASSIGNMENT lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). B. Order of Layoff. The order of layoff in a department shall be based on inverse seniority in the class of positions, the employee in that department with least seniority being laid off first and so on. 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. CNA - 46 . 2002-2005 MOU SECTION II - SENIORITY, WORKFORCE REDUCTION, LAYOFF AND REASSIGNMENT D. Particular Rules on Disollacing. 1 . Permanent-intermittent and permanent part- time employees may displace only employees holding permanent positions of the same type respectively. 2. A permanent full time employee may displace any intermittent or part-time employee with less seniority 1 ) in the same class or, 2) in a class of the same or lower salary level if no full time employee in a class at the same or lower salary level has less seniority than the displacing employees. 3. Former permanent full time employees who have voluntarily become permanent part- time employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Director of Duman 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. F. Seniority. An employees 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 CNA - 47 - 2002-2005 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF AND REASSIGNMENT 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 (5%) percent of the former class, shall carry the seniority accrued in the former class into the new class. Employees reallocated to a new deep class upon its initiation or otherwise reallocated to a deep class because the duties of the position occupied are appropriately described in the deep class shall carry into the deep class the seniority accrued or carried forward in the former class and seniority accrued in other classes which have been included in the deep class. Service for layoff and displacement purposes includes only the employee's last continuous permanent County employment. Periods of separation may not be bridged to extend such service unless the separation is .a result of layoff in which case bridging will be authorized if the employee is reemployed in a permanent position within the period of layoff eligibility. Approved leaves of absence as provided for in these rules and regulations shall not constitute a period of separation. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous permanent County employment. If there remain ties in seniority rights, such ties CNA -48 - 2002-2005 MOU � ■ � � � . � ■ � � � � ' © ate . ' ■ . � e � � ■ J � , � ■ - e �e ° f � $ < e \ � � e ■ � � � � � � - e � e � # - � $ ■ � � � � , $ ^ � : : � _ ■ � e e ° f ■ - � @e � � � � f � ■ � � � � $ e � - - e e » - ' \ $ _ # e # . e .: e � 2 . . f � ' , � ■ t � e � � $ ¥ ° of � f . �_ � . � ■ ■ � � ■ - � � e # � < - e _ » e - � ■ - e f e � � ■ e , .® � � e _ �e . _ e ' � e � - # \ � � ■ , ■ � e � e . $ � ^- � 2 � e , » � < � - ■ � � f . « � e $ e � e _ � f � � - ■ - ^ ■ � � � � ` ? _ e - e , � fe e - , . e � ■ � - . � . � e� # # . e . � � : � . � _ . ef . e � ■ � f � � � ■ . � ■ � . e - � $ � � . . - . ■ . � . � . . . � # � . � � _ $ _ � � � � e $ - � < ■ : .» e $^ e . e � . - e e � ■ - � � - e � » _ ~- � ■ � � $ \ e a e : : - � f . e e , f ■ .� � e t e f e e � � � - ' ■ � f e � _ � �e ■ � e � e � - � � � e � ° e � , � , . � �e � - e , ■ � � e � ■ � 2f � : : _ � f � � � , ■ f : � � � ■ e - ■ , a� . - ■ . � \ ` � _ � $ . , ■ e e < e � � e . ■ ® � e - $ $ � . , f . f ■ e . � a � - e _ e � � e < . � $ ■ - � $ � ` e � �� f � � �§ � ' � e , : � a . . . f � © - � e ■ � � f ■ � » , , � _ � � � . , � - e \ ' e � - - � $ - � � e . , $ e ` $ � « � - � - e - e � � � . ^ - - ^ . � ^ , ■ ' ■ � # ` � e � e � $ , . . . e $ . # � � � » - \ a � - ° e e � - � \� - � e � © e � e � � � e � ■ � < - - e , $ e � _ $ e '.- � $ . f e � < , . • . � � � . , / | � e . SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFFAND REASSIGNMENT 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 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 Names from Reemployment & Lam Lists. The Director of Human Resources may remove the name of any eligible from a CNA - 50 - 2002-2005 MOU SECTION fi t - SENIORITY, WORKFORCE REDUCTION, LAYOFF AND REASSIGNMENT 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 established have been declined by the eligible. t 5. If the eligible fails to respond to the Director of Human Resources or vthe appointing authority within ten (10) days to written notice of certification mailed to the person's last known address. 5. 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. CNA 2002-2005 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF AND REASSIGNMENT 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 Games from Reemployment & 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. 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). CAVA - 52 - 2002-2005 MOU # W mllmu* .I # • • it • • � i � ` # ` � r • i • • w � '• i ' ir ' r ! � i • •• • i • ' • w i r i r � i " ,► iii *' • iw � r • r i SECTION 12 - HOLIDAYS A. January 1 st, known as New Years' 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. Employees in positions which are designated as twenty four (24) hour positions shall also celebrate: September 9th known as Admission Day Second Monday in October known as Columbus Day February 12th known as Lincoln's Day Family Nurse Practitioner positions are designated as 24-hour positions. _ C. Employees who only celebrate the holidays listed in 12.1 .A. above shall accrue two. (2) hours of personal holiday credit per month. Such personal holiday time may be taken in increments of one (1 ) 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. On separation from County service, an employee CNA - 54 - 2002-2005 MOU SECTION 12 - HOLIDAYS shall be paid for any unused personal holiday credits at the employee's then current pay rate. 12.2 Amlication of HolidayCredit. The following provisions indicate how holiday credit is to be applied: a. Employees on the five (5) day forty (40) hour Monday through Friday work schedule shall be entitled to a holiday whenever a holiday is observed pursuant to the schedule cited above. b. Employees on a work schedule other than Monday through Friday shall be entitled to credit for any holiday, whether worked or not, observed by employees on the regular schedule. C. For all employees, if a work day falls on a scheduled holiday they shall receive overtime pay or equivalent compensatory time credit (Holiday Credit) for working the holiday, or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit. The purpose of this plan is to equalize holidays between employees on regular work schedules and those on other work schedules. If any holiday listed in Section 1 .1 .A. above falls on a Saturday, it shall be celebrated on the preceding Friday. If any holiday listed in Section 12.1 .A. falls on a Sunday, it shall be celebrated on the following Monday. For CLIA - 55 - 2002-2005 MOU SECTION 12 - HOLIDAYS employees in positions whose shifts include Saturday or Sunday as designated by the appointing authority (rather than Monday through Friday eight (8) hours per day or a designated 4/10) holidays shall be observed on the day on which the holiday falls regardless if it is a Saturday or Sunday. 12.3 Holiday Credit for 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). Permanent part-time employees who do not work on a holiday shall receive holiday credit in the same ratio to the holiday credit given full time employees as the number of hours in the regular full time schedule, regardless of whether the holiday falls on the part-time employee's regular work day. 12.4 4/18 Shift Holidays. A. Holiday Shift Pay. Each 4/10 shift employee who works a full shift on a holiday shall receive time and one-half for the first eight (8) hours worked in addition to regular pay for the holiday. Holiday shift pay shall be subject to provisions of Section 7 - Overtime. B. Absence onHoliday. The maximum time charged to sick leave, vacation or leave without pay on a holiday shall be two (2) hours. CNA - 56 . 2002-2005 MOU y . f ! ! . r ! ,� ., .. • ! A • ! SECTION 13 - VACATION LEAVE (288) hours holiday time shall be paid at the overtime rates as specified in Section 7. e. Accrued holiday time may be taken off at times determined by mutual agreement of the employee and the department head. 12.6 Each permanent .employee who qualifies for paid holidays shall not be required to work on at least one (1 ) of the following holidays each year: Thanksgiving, Christmas, New Year's Day. 12.7 Employees represented by the Association who are employed at the County Hospital and who are required to work on Thanksgiving, Christmas or New Year's will be provided a free meal in the Hospital Cafeteria at no cost to the employee only between the hours of 6:30 a.m. and 6:30 p.m. 12.8 Permanent-Intermittent Holiday Pay. Employees in permanent-intermittent positions shall receive holiday pay at the rate of one and one-half (1-1/2) times the employee's base salary rate for up to eight (8) hours worked on a recognized holiday. SECTION 13 - VACATION LEAVE 13.1 'Vacation Allowance. Permanent and provisional s 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 CLIA - 58 - 2002-2005 MOU # 0 # # # r f # # # # r r • # # • r ' # r r # # r s # # • # r • # # r # ' # # • ' .. # # s 40' ' # # # # # • .. # # # 0r 0 or w .. w # • Z # # * .. � r r w s r ■ 7 . • # • w # 1 r w # ll # # eM # # r # r # # • ' # r # r . # #. s • # r SECTION 13 - VACATION LEAVE 13.4 Professional Sabbatical Leave. Employees who have completed five (5) years or more of employment shall annually receive three (3) days of paid sabbatical leave. This leave shall be granted under the same provisions for vacation 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 Permanent Part-Time & Intermittent Employees. Employees in permanent part-time and permanent-intermittent positions shall accrue vacation benefits on a prorated basis as provided in Resolution 81/1165, Section 36-2.006. 13.7 Vacation for employees in the Hospital and Clinic Division Hospital Nursing Service (including the Detention Facilities) and Ambulatory Care Nursing Services shall be scheduled on an annual cycle, April 1 through March 30. Employees must submit their written vacation request by March 1st of each year. The Hospital will post a schedule of vacations by April 1 st of each year. Only one employee per classification from each work site and shift may be pre-approved for vacation at the same time. In case of conflict, the employee with the greater length of service in their classification will receive the requested vacation time. Less senior employees will be CNA - 60 - 2002-2005 MOU 1 # - - # # # # # a # ♦ R # a a a r i # a 40 40 low r r # - • . # r # - - Op - w r # # # ` r # • � r # .. ` Rr # # r w # # # _ # as w # � ' # r # # • w # w w w • « i I ! I ! I I ! ! ! I ! I I ! ' ! • I ! ' I I ! I I ! ' ! • • i ! i i I r NO � 1 ! ! I I ! ! ! ! • ! • + IMP I ! ! • ! I I # . • . # # # loop # • # r ♦ r . # . # ♦ #. a # # 1 A # w .w ww r # # � A . ♦ r # 10 fill ~ # r r # # # # # # # # . . r r # ♦ # SECTION 14 - SICK LEAVE i 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 CNA - 64 - 2002-2005 MOU :::: .FSS"'!'.........._..y... ........ _.. SECTION 14 - SICK LEAVE disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which the employee is qualified by reason of education, training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions. 1 . An application for retirement due to disability has been filed with the Retirement Board. 2. Satisfactory medical evidence of such disability is received by the appointing authority within thirty ( 0) days of the start of use of sick leave for permanent disability. . 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 CNA - 65 - 2002-2005 MOU SECTION 14 - SICK LEAVE order to remain secluded due to exposure to a communicable disease. d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability under the conditions set forth below: 1 . Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the 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 CNA - 66 - 2002-2005 MOU SECTION 14 - SICK LFAVE required to undergo a physical :examination by a physician selected by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3. Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. e. Medical and Cental 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 Raid sick leave credits for working time used in cases of illness or injury to an immediate family member. CNA - 67 - 2002-2005 MOU SECTION 14 - SICK LEAVE g. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family, or of the employee's domestic partner, but this shall not exceed three (3) working days, plus up to two (2) days of work time for necessary travel. Use of additional accruals including sick leave when appropriate may be . authorized in conjunction with the bereavement leave at the discretion of the appointing authority. h. mal 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: y 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 CNA - 68 - 2002-2005 MOU SECTION 14 - SICK LEAVE employee and the department head. The following procedures apply: a. Employee Responsibilities 1 . Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2. Employees in the Hospital Nursing Service are required to notify the Nursing Office at least two (2) hours prior to any shift if they are calling in sick. Employees in the Ambulatory Care Nursing Service are required to call in at least one (1 ) hour prior to the scheduled shift and leave a message in voice mail. Notification shall include the reason and possible duration of the absence. If, due to circumstances beyond the employee's control, the employee is unable to call within the above mentioned time frames, he/she will call as soon thereafter as possible. . Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work. CNA - 69 - 2002.2005 MOU . ................................................... ................................ SEC`T'ION 14 - SICK LEAVE 4. Employees are responsible for obtaining advance approval from their supervisor for the scheduled time of pre-arranged personal or family medical and dental appointment. 5. 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. 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: CNA - 70 - 2002-2005 MOU SECTION 14 - SICK LEAVE 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.x.4. 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. . obtaining the employee's written statement of explanation regarding the sick leave claim. t 4. Requiring the {employee to obtain a physician's certificate or verification of the employee's illness, date{s} the employee was incapacitated, and the employee's ability *to return to work, as specified above. 5. In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as specified above. Department heads are responsible for establishing timekeeping procedures which CNA . 71 . 2002-2005 MOU SECTION 14 - SICK LEAVE will insure the submission of a time card covering each employee absence and for operating their respective offices in accordance with these policies and with clarifying regulations issued by the Office of the County Administrator. To help assure uniform policy application, the Human Resources Director or designated management staff of the Human Resources Department should be contacted with respect to sick leave determinations about which the department is in doubt. 14.5 Disability. A. An employee physically or mentally incapacitated for the performance of duty w is subject to dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937. An appointing authority after giving notice may place an employee on leave if the appointing authority has filed an application for disability retirement for the employee, or whom the appointing authority believes to be temporarily or permanently 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, CNA - 72 - 2002-2005 MOu . . ■ , . .• .. e - - ■ e * � . $ _ $ $ . $ � . . . $ : . � f e # . � ` eT e � . - ■ e . . � . $ e � � - e e t - e ■ - $ e � $ . . f e -. � _ e e � - e e - ` ■ , e - � e ? . _ '$ _ e � \ f »_ � $ e , ° m - ■ ■ : _ e e \ ■ # e : . _ $ ff ® , - $ e � e . - ■ e e � . : , e f ` , e 40 e � _ # $ < ■ ■ ■ < 2 \ ■ - e - 1 f , f _ e e ■ ® . or - ■ e ' f ■ � � ■ . . . f _ ■ . e ' e � \Lea _ e . _ ■ , e $ ■ ' e e � � 2 . e - ° f � � ■ e e - , - . $ e . e ' e ■ . f , � . . - � - ■ . - e \f # e _ e $ - _ - ■ _ ■ , of e ■ ` ■ f e � ` # ■ - � ■ - : � _ � ■ ® ?■ e . � - � . e � ° , eet e ■ � � » e ' e $ ee $ e « ° � 4 @ ■ � . # � ` � ' ■ e � f e e ■ � ' ■ - # ® e « - - $ . . # . $ . . . ■ - t e f , � e - � � � ■ _ e » f f $ ■ . � # - _ - f . - tee � $ - % © ■ , e � � eee e � e _ ■ a � - � ■ $ - ' e . ■ f ee � e ^ � � . � , . 7 ■ ■ � . SECTION 14 - SICK LEAVE 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 deemed necessary in accordance with appropriate provisions of this MOU. 14.6 Workers' Compensation And Continuing Pay. A permanent non-safety employee shall continue to receive the appropriate percent of regular monthly salary for all accepted claims filed before January 1 , 2000. For all accepted claims filed with the County on or after January 11 2000, the percentage of pay for employees entitled to Workers' Compensation shall be eighty-six percent (86%). If Workers' Compensation becomes taxable, the County agrees to restore the current benefit level (100% of monthly salary) and the parties shall meet and confer with respect to funding the increased cost. A. Waiting Period. There is a three (3) calendar day waiting period before Workers' Compensation benefits commence. If the injured worker loses any time on the day of injury, that day counts as day one (1 ) of the waiting period. If the injured worker does not lose time on the day of injury, the waiting period will be the first three (3) calendar days the employee does not work as a result of the injury. The time the employee is scheduled to work during this waiting period will be charged to the employee's sick leave and/or vacation CNA - 74 - 2002-2005 MOU v � � � ■ . , . . » � _ . . .. . . . . ... . . . . . . . . � � . � � , � a e � <e e . � ■ e ` � e � # � 2 , ` e � - f ■ ■ �® - » e - ef � - », ® � » ■ � ? . � � � e $ � , � . e � ■ - � � �$ � � ■ _ - ■ � e � . ® � � - e , e e _ e ° < 2IV ® » e ■ _ ■ e ' � f ■ . fie - . ' � ■ � - t � � e , � e � � � ■ ® � � $ m � m � � ■ $ - f _ - � ' f � # ' , e � ■ , � e � � , » e � � ■ � e - ee e e � ef � , � . ® . - ee � � e _ ■ � e . $ * . � ■ e ` - _ e � e � . 1w , e ^ _ � _ e . � ` � � e f ■ . � ■ e � ■ e © , e � \ � \ ■ � � f . e � � ■ ■ � _ e � e . # e � ��� $ . e ' e � �� e � � � e ® � � , . ■ , - e $ ■ ■ - , e , , e e ■ - _ ■ . _ e ° ' , e ■ e - e - � � , ■ � _ _ e < ` < ® , _ e , ., ■ $ . . \ � _ . e + � � � e - ■ - e ■ e ■ � � . e � . « ■ , . � ° - ? - - e . . e � ■ e � ■ � e � , . � � � _ ' , � of » J ■ ^ - ■ � ■ � � � , � \ � , � e � _ . ■ 7 � � � ■ . : ■ ■ � � e As w • w . ` 4. w w f SECTION 14 - SICK LEAVE 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 applicable salary by integrating sick leave and/or vacation accruals with Workers' Compensation rehabilitation temporary disability benefits until those accruals are exhausted. Thereafter, the rehabilitation temporary disability benefits will be paid directly to the employee, B. Health Insurance. The County contribution to the employee's group insurance "plan continues during the continuing pay period and during integration of sick leave or vacation with Workers' Compensation benefits. F. Integration Formula. An employee's sick leave and/or vacation charges shall be calculated as follows: C = 8 L1 - (W -- S)l C = Sick leave or vacation charge per day (in hours) W = Statutory Workers' Compensation for a month S = Monthly salary 14.7 Labor-Management Commift, ee. On May 26, 1981 the Board of Supervisors established a labor- CNA - 77 - 2002-2005 MOU j • i • ' ! . ! • • • • � .. .. * � � � .. ' � � # +r n � �1 • i • � • • • � N '' � • ,. ! # # t � • � • "' i ' • • � '" • i • . � . �. � ! ` � �. / �. , +111. 111 � � 4 ♦ # � � � � 111 � � 1111 !` `r � # � ' � I � a � �. ! � � ! s � '11 � T � � w/ ' ! ! ! i • � » . ■ � :5 . $ , - . � � e � e ■ .e ® � � e , � , « . $ - e ~ . f e e . t _ m $ . � ■ , � � e , \ ■ � � , � e # ® f . . e � - ■ - ■ ■ f « . , � - ® � « e ° � � $ ■ � 2 ± ` � ■ � ` ° ■ ■ f t $ _ . _ e . , _ . , e � f ° , e ~ _ � e � _ ■ e - , ® ■ § � $ � e , e ■ * e _ $ ■ f - e _ ■ $ fe $ - � e $ . $ _ ■ � e � . . f . . � ' � # $ e e . , f � e , ■ . e � % . ; . $ ■ ® ■ _ � � e \ - . . � � ; $ # � . \ . . $ - e - ■ , � » f . e . - e - ■ , � � ■ , - _ ■ ■ e ■ � 2 ' ■ ° . . e , e f ® - f � f - , - > . - . : . f , � _ _ _ , � ■ � e � $ e - � � � e f f � - e - � f ^ ` ■ e , - , e f - ■ # - f e _ w - e , � � . � , ° $ � _ : _ _ _ \ : $ � . ■ ~ © f , : © w ■ ' . . - e - ' � ■ � + 7 ■ � - e . . . � , ® ■ a ■ e e - 41 ■ a ' , f , . . _ , ` # � e e e ^ f ■ ? _ $ � e , « e - e ■ \ , f - , . _ # f . � \ � ■ f t ■ f , ® f $ e » e - . * .! . ■ , ■ ■ e SECTION 14 - SICK LEAVE period, the department shall automatically use 0.1 hour of sick leave per month for the duration of their SDI benefit. When sick leave accruals are totally exhausted, integration with the SDI benefit terminates. An employee may use any other accruals without reference to or integration with the SDI benefit. When the SDI benefit is exhausted, sick leave integration terminates. Then the employee may use sick leave or other accruals. Employees with no sick leave balance at the beginning of the disability integration period may use any other accruals without reference to or integration with the SDI benefit. Employees whose SDI claims are denied must present a copy of their claim denial to their department. The department will then authorize use of unused sick leave and shall authorize the use of other accruals as appropriate. Employees may contact the Human Resources Department, Benefits Services Unit, for assistance in resolving problems. Method of Inte, rc ration. Until an employee has a balance of 1 .2 hours of sick leave, the employee's sick leave accrual charges while receiving SDI benefits shall be calculated each month. The amount of sick leave charged each employee will be calculated in the following manner: CNA - 80 - 2002-2005 MOU SECTION 14 - SICK LEAVE The percentage of base monthly salary not covered by the SDI benefit will be applied to the daily hours in the employee's schedule and that number of sick leave hours will be charged against the employee's sick leave accruals. For purposes of integration with the SDI program, all full time employees' schedules will be converted to eight (8) hour/five (b) day weekly work schedules during the period �of integration. The formula for full time employees' sick leave integration charges is shown below: L = [(s-D) = S] x 8 S Employee Base Monthly Salary H = Estimated Highest Quarter (3-mos) Earnings [H = S X 3] W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table C = Calendar Days in each Month D = Estimated Monthly SDI Benefit [D = (W- 7) x C]" L = Sick Leave Charged per Day Permanent parttime, permanent-intermittent employees, and those full time employees working a fight/limited duty reduced schedule program shall have their sick leave integration adjusted accordingly. Definition. "Base Monthly Salary" for purposes of sick leave integration is defined as the salary amount for the employee's step on the salary schedule for the employee's permanent classification. as shown in the "Salary" field on the On-Line payroll Time Deporting System used by departments for payroll reporting purposes. CNA - 81 - 2002-2005 MOU ww UKU K@ . I i i ' . s . . i . i ,� .r i i i • i • ! i • i i a i i " ' i SAO 00 i i i • . i i i . i s i a i a i i i i ! i i I i i ! ` i i "' i • a i ! ' . w. . . 40 .M i . ,. f®r i I ! . i I • i # ! lw i ! 40 '�" i � ' • . is i ! • i I i i `. • i i "' '" i SECTION 15 - CATASTROPHIC LEAVE BANK composed of three (3) members appointed by the- County Administrator . and three (3) members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests for credits and shall make determinations as to the appropriateness of the request. The committee shall determine the amount of accruals to be awarded for employees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requestor basis. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and shall be treated as regular sick leave accruals. To receive credits under this plan, an employee must have permanent status, . must have exhausted all time off accruals to a level below eight (8) hours total, have applied for a medical leave of absence and have medical verification of need. Donations are irrevocable unless the donation to the eligible employee is denied. Donations may be made in hourly blocks with a minimum donation of not less than four (4) hours from balances in the vacation, holiday, floating holiday, compensatory time, or holiday compensatory time accounts. Employees who elect to donate to a specific individual shall have seventy-five percent (75%) of their donation credited to the individual and twenty-five percent (25%) credited to the Catastrophic Leave Bank. CNA - 84 - 2002-2005 MOU � - e \ � - $ . # � � ■ � - � � e ■ � e e , � � � _ e . - $ e � � � , 3 � of e � � - e � _ . . ■ � . » - � � f , , � ■ e - ■ � , « �.. e � ■ � $� . e , .. � ■ � e _ e � � . $ � ■ � � �» � a � � ■ < ■ � » ` \ tee � _ f ■ e ® � . e $ ' _ _ e � $ e � � � � . � � � e � # � - e ■ , ■ � # @ � e e e � $ � @ e < e � ? ' � . , � e - ? , � , � ■ $ � f . ® � - , . # e e ■ ' � � ® e e e ® \ ■ �' ■ � �` � ^ $ ■ � � � � e � � � � ■ . » e _ � ? e f � , $ f � , ■ $ f � © e - f � , ■ e ■ ■ �- ef � � � ■ ` - e . - # $ � � � � , ■ � � ° ■ f ■ - lie e ` . . � � � f ^ e � �f � , 10 � ® � ■ f ■ � - . e � ■ � - $ � � f - e � � » e _ e � � e � � � t 2 _ © ¥ ■ f e _ � ■ , 2 # $ f » e ° � , � e � � � ® � � 2 t - f _ of e ` - ■ e - , e - ee - \ � � � e e � - � ■ � .2 - � e2 � - $ a � ° # t � ~ ^ , � � ■ a � � ` , � � � � $ f e � e ^ ■ � . _ e e . ■ $ � # � � � � # e � e ■ � , $ e � _ < e � _ � � � « � � ■ � ■ � : $ � - � � e � f � � . - e ' � � � f � . � ■ � e � ` a � . $ e , ` e e � � e � . - � e e � - ` � � � f ' - _ e ■ » . # � � » $ � � ■ , � ■ 2 � � � � e e � ® , e � � � . ■ � � � _ $ , _ � % . f ■ $ � - ee � e� f2 - �� � � $ e � � - _ � � , � ` � � - ea � , � ■ 2 � e ■ � ® � - � � e � ± # . � � # ■ te ■ � , - $ � e � : e _ � e t � � e ■ - ee e 2 « � .■ � � t ■ a _ � e ` � ■ f - . _ � - � ■ <- � � . , - ■ , � � ; � . � ■ \ ° � � ■ SECTION 16 - LEAVE OF ABSENCE 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„ WithoutPay. 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. M 16.2 General Administration - Leave of Absence. Requests for leave of absence. without pay shall be made upon forms prescribed by the Director of Human Resources and shall state specifically the reason for the request, the date when it is desired to begin the leave and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1 . Illness, disability, or serious health condition; 2. pregnancy or pregnancy disability; CNA - 86 - 2002-2005 MOU SECTION 16 - LEAVE OF ABSENCE 3. family care; 4. to talo a course of study such as will increase the employee's usefulness on return to the employee's 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. Procedure in granting extensions shall be the same as that in granting the original leave, provided that the request for extension must be made not later than thirty (30) calendar days before the expiration of the original leave. D. Nevertheless, a leave of absence for the employee's serious health condition or for family care shall be granted to an employee who so requests it for up to eighteen (18) weeps in each calendar year period in accordance with Section 18.5 below. CNA - 87 - 2002-200511 OU SECTION 16 - LEAVE OF ABSENCE E. Whenever an employee who has been granted a leave without any pay desires to return before the expiration of such leave, the employee 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 granting or denying a leave or early return from leave shall be subject to appeal to the Director of Human Resources and not subject to appeal through the grievance procedure set forth in Section 24 of 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 shall have their compensation for the portion of the month worked computed in accord with Section 5.10, Compensation for Portion of Month, of the MOU. Full time and part-time employees who take furlough time shall have their vacation, sick leave, floating holiday and any other payroll- computed accruals computed as though they had worked CNA - 88 - 2002-2005 MOU .... :e+ece++?++++ ._ ..... ..•+..... .... ..:..:.._....... ....'.'....ccs•:.;;..... .... _.... yr N N N N N N ! N ' ' • " • N . N N . I N «. 1 N N N N • ! ! N1 • ` N w N N � N N • s • � N N N N N w N N ` . N M' N N a s N • a 1IF ♦ " N N ` N ` N .► N ` N .. ` N +. w r N r N A a r N Nr rNN .rN. . r r • `' w N r r NN ! • � N N N N N ' N • " . N N r N ` N • r N r I r f ♦ w w I . ~ ■ � � � � 2 ± . » � � � . ° � ■ .■ ■ e � � ■ - � . - � « ■ @ � � - f - e � e � , \ _ � - � � $ ' e _ � � � � ■ a $ � , ■ � $ e \ e , � � � _ - e � � � $ � _ - � � � � of ■ _ \` e ■ � � � , e ■ e � � e �� f � � t � - � , e ® e e � - � � � a ■ . � - : . f . e , � ■ _ � e � � e _ � # , � <� e � � : § . a ' - a � e � e 2 � . _ $ : . � � e . e ■ � ® � ` $ f a � � � , � ■ � � �f & f f � � _ . � e - � ® ■ _ e e e e , � � . y . � . ■ , . . . _ . . ■ � - e � � . � , \ . $ fe . � t■ ■ � . e � �a , lei : �$ : f . # ■ #fe 42 . f ■ e , - e , ■ , - _ , � � ■ � ' ■ & f . - a � , � - ~ � ■ � ' . ■ _ e _ < ■ ` ` , � ■ ■ � f � ■ ■ ® $ e � � $ ^ � � � , � � � e � f ■ _ - � - ` « � * � ■ � . - e e f # � » e # ■ ■ ■ � e . - 2 , - ■ � � � . « 2 � - $ e , � Vie $ � ■ � ` e � e ■ � � ee � - � ^ e ■ f � f @ � ■ � - - � � � � . 'f \ e � � # ® _ ^ . � ® � a , . m / ■ � � #e \ ee - f � ' e � , . � ■ _ � � f � � * � � � e ' e e _ a � . - � ' , e ■ e � � . � # � ■ f � f ® � ■ el < - . � « $ � # e � ■ ■ � - . ■ � � � ■ ! , ° e . . f ■ � � , ■ _ . . � , ' . wee � . , . � � ■ \ ■ � < � e r f # :MIR M # • r # r • s r ` SECTION 16 - LEAVE OF ABSENCE 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 leaveor reduced heave schedule is necessary for the care "of the individual or will assist in their recovery, and its expected duration. g. Certification for Medical Leave: A written communication from a health care provider of an employee with a serious health condition or illness to the employer, which need not identify the serious health condition involved, but shall contain: CNA - 93 - 20022005 MOU SECTION 16 - LEAVE OF ABSENCE 1 . the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employee's job; 4. if for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule and its expected duration. h. Comparable Positions: A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave. Ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, _ co-workers, supervisor(s), or other staffing may have changed during an employee's leave. 18.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under Section 14.3.d - Sick Leave Utilization for Pregnancy Disability, that time will not be considered a part of the eighteen (18) week family care leave period. 18.11 Group Health Plan Coverage. Employees who were members of one of the group health plans prior to CNA - 94 - 2002-2005 MOU _... ecsa....;..+,. ..,.,,,,. ......:... ...tt_........._... :::.. ..::g....0 5g:,....`T'++w+.^v.,.... :::...... ..:...ga.. ...... ......... 5... .cumx.::.:g5.. .............Mw»...�mwttt 2 ■ � � : � � � � � § § � �e � - - � - � # - ` � � ' ■ � * � - � � _ � � : � . � � - , � ■ , � ■ - :. ■ � . � � f \ ■ �« � e . � � $ . _ ., � # � f � ' e ■ � - a � � + � . _ $ ' � ■ � ■ � � e � ■ � $ ■ - - e f � � � f. $ � � e ■ $� f■ � f■ . � e � » . � _ � - —, ° � � e - � ' . $ , ^ � ■ e f � f ^ e . � � � �@ � � � ' . e � e e ■ » ■ ' - . - . . , . : . _ w e . . _ e $ or ■ « e $ f � e � � _ � � . � . - _ $ - f � ■ e ® � _ ~f � e � f$ e e _ � � � � � e e � 2f � ■ � . ■ � $ e � � _ � ' e $ e � ` _ : � ■ � � $ � » e - f - e $ e � e a f e � ■ e � ■ e , � ■ � ® \ � � e f & � f� � - e � � ■ \ ® 2 . � . � ■ � � f � . : f - ■ ■ ■ $ ■ . ® , - # � $ : = j - . . e � ■ , � � f � � e � f - _ 2 - . � $ _ - . $ � . � � - , . e � e . ° ■ _ » - e2 � . � _ _ ■ - � � f ■ � ■ � \ _ � � � . ® ■ . e � � $ f . - e ® , ■ � ^ . ° f _ � � . � e e � ■ ■ e � ■ ■ - \ � # � � � � e � e � e � � . . � _ $ � , . . � $ . f e $ � . ■ � f � . - � ' $ � , t � - ■ _ ■ f � - . � » � � � \ ` ■ e � � � ■ � . � #_ � � _ � - $ �� e ® - ■ - oe ¥ e e - ■ e ' ° ■ f $ - _ ■ ? _ e a - 2 ` ■ � � � ' e � � � ® ~ ~�$ - e ■ � ¢ � ` / . e ■ $ � , � e � e « ■ . f � � � e � e e ® ' ■ � > � � : � ■ . f � e � � ` - ' ■ � , � � � °, � - a , e e $ � $ - * � . e 2 ■ - e t / . � - e � 2 $ . , � ' , � . ■ � e . ` ® ^ - �� � t ■ - ■ - � f � . . e . ■ , � - ' �� # ■ ~ - . . $ � . ■ f ■ e . - : - , . < $ e . � e\ . � . ■ 2wite . \ e ® , ■ \ . f , _ ■ » � ■ � ■ � � ■ � ■ � � _ � ■ . � ` e � � e e - � ■ �� _ e - _ ■ . e � � ■ , # e # , _ � � � ° � � #2 . ? �■ - - 2 ■ � e : � � � � f e e - � � ■ ° � ■ � ■ � � - - . ■ e ■ � _ � ■ ^ � - ■ e \ ® @ # �� ` e ` . . . $ . �� , ■ .e . � - � : � _ . - � - _ : � � � � � . . � e � #� . ■ - ° tee . ^' ■ � e � � � ® � < � , . � # � ■ e - ■ � % ® � � - 2 $ � e ® ® � 2 � 2 . ■ � . � � ® e � ■ e f � � � # ■ f � � ■ e �� e � . m ■ - � ■ ® - e " � � � ' 2 � f � - � - �� � � ■ ■ » . ■ . - f _ ¥ e � , ■ � « ` � - � . ` - � � $ e - f � � � # ■ ' � $ ■ «� « � - $� � � � _ ` - ® e _ «� � ' - . � � f e � � � � ■ r� - e 2 e f p� ■ . � � - ® ■ � 2 » . � e � f � � � f � � ■ ® , e � ' • • � � ■ . � �■ r ■ • � i • i � 4 � fF IM 4 • i � r • � i • . i i i i i i ` ` i 1fi i ♦ . � + • ii Mb .. • i . i r i < i � r ii rr � � � • i ri �, � i ` i ` . • ` 1w • r .. i i0 Z • i i r ` . lii • i ,� i • • i ! +e s r s • *` i i i • .. . i i • i Iw ` i SECTION 17 -JURY DUTY AND IMMESS DUTY 16.15 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year, shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. 16.16 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. 16.17 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. CNA - 98 - 2002-2005 MOU .. as ........... M • « • ii ii i SECTION 17 - JURY DUTY AND WITNESS DUTY before or after daily jury service that would affect their ability to properly serve as jurors. An employee on short notice standby to report to court, whose job duties make short notice response impossible or impractical, shall be given alternate work assignments for those days to enable them to respond to the court on short notice. When an employee is required to serve on jury duty, the County will adjust that employee's work schedule to coincide with a Monday to Friday schedule for the remainder of their service, unless the employee requests otherwise. Participants .in 9/80 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. CNA _ 100 - 2002-2005 MOU 0 so MR • f 'IVA Is # • # i i ► A I r so 0 • i i s ` � ! # # ` ! . . a6 # i ii ii ! SECTION 18 - HEALTH, LIFE & ®ENTAL CARE Any increase in the Health Plan costs greater than the County contributions identified above occurring during the duration of this MOU shall be borne by the employee. 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 monthly Part B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with two members on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for two enrollees. 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 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. -2405 MOU CNA - 102 - 2002 � � ■ � � � � a . k ■ • . . - _ e ■ e � ` � - � � � � _ $ - � e fe e e * , f � �� $ � # � - , $ - , � - ■ � $ �■ ■ _ - a � � - � � : 7 e � � . e � e ■ f e � . � � . e # . ® - \ � , e , � f - � � - # , e � � � ` � - _ � ■ � . ■ � ® � , e ` e � ■ ^ ' ■ e . e � e . � - � e _ ■ e � e � _ . , $ - e �$ . � ■ ■ e ■ § e f , e � . ■ f e ` e ■ � � e - e � - $ e a _ \- $ ■ imp * ■ - f ■ e A @ & ■ � ■ ■ - ■ . f f e e � - � $ _ � : � ± f �� e ■ � .e 2 � _ e - e - � � ® e � e e - , # - � . � � f e , e , _ ■ _ � _ � e - < , � ' _ e � e - , ■ � ■� � , e � � . e � - , - � - ` � � e e ` � e $ ■ e .� � e - � # $ ■ � � ` � � ■ » � ■ ` � ■ - � . - - ® � � � � _ e � . t e . e �■ $ � ' » # _ � a - � e � ■ 2 � - e � e ems ■ e ' $ � � � e � _ e e m � | , ® ' = -lit , . t , 2 ■ $ - f . - § f e e - f . � � , f � � � f ?� � � e . � ■ $ e - a � _ ■ , � � ' ■ . : ■ - # .� . ' . ' ` � � - . . - � - ® f ■ � � � ° - $ � , � � ■ � � a ° ` . �� . e $ , � � . � � � � � , - e m � � � ■ - � e # � ® � - e � e � � � , ' � � � $ � ■ - \ � . �# ` � ■ � . ■ ° - ■ � � e � � � ■ � ■ ■ / ■ � e t t t t # r • • Ile ` • r r r � � � r • +u • Y - r - # SECTION 18 - HEALTH, LIFE & DENTAL CARE 18.9 ,PERS Lonq 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. (e.g.; 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. To be eligible to continue health. and dental coverage, the employee must.- 1 ust;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 fling their deferred retirement application and elect to continue health benefits. CNA _ 105 - 2002-2005 MOU SECTION 18 - HEALTH, LIFE & DENTAL CARE 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 (11th) of each month to the Auditor-Controller. When they begin to receive retirement benefits, they will qualify for the same health and/or dental plan coverage and county subvention to which retirees who did not defer retirement are entitled. d. Deferred retirees who elect continued health benefits hereunder may elect not to maintain participation in their county health and/or dental plan during their deferred retirement period; and may instead qualify for the same coverage and county subvention in any County health and/or dental plan when they begin to receive retirement CNA - 106 - 2002-2005 MOU SECTION 19 - PROBATIONARY PERIOD benefits as retirees who did not defer retirement are entitled; provided reinstatement to a County group health and/or dental plan with county subvention occurs no sooner than the first of the month following a full three (3) calendar month waiting period after the commencement of their monthly allowance. e. Eligibility for County subvention will not exist hereunder unless and until the member draws a monthly retirement allowance within not more than twenty four (24) months afterseparation from County service. f. Deferred retirees are required to meet the same eligibility provisions for health/dental plans as active/retired employees. 18.111 Child Care. The County will continue to support the concept of non-profit child care facilities similar to the "Kid's at Work" program established in the Public Works Department. SECTION 19 - PROBATIONARY PERIOD 19.1 Duration. All appointments from officially promulgated employment lists for original entrance or promotion shall be subject to a probationary period. This period shall be from six (8) months to two (2) years duration. CNA - 107 - 2402-2005 Moll SECTION 19 - PROBATIONARY PERIOD 19.2 Those classes represented by the Association which have probation periods in excess of six (6) months: Done. 19.3 When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 19.4 The probationary period shall commence from the date of appointment. It shall not include time served in provisional or temporary appointments or any period of continuous absence exceeding fifteen (15) calendar days except as otherwise provided by law. For those employees appointed to permanent-intermittent positions with a six (6) months probation period, probation will be considered completed upon serving one-thousand (1 ,000) hours after appointment except that in no instance will this period be less than six (6) 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. For employees appointed to permanent part-time positions with a six (6) month probation period, probation will be considered completed after serving six (6) months in the permanent part-time position. 19.5 Relection 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. CNA - 108 - 2002-2005 MOU r � • i � � � y r � rr i M • .� • • � � ' i • f • • � � • r .� • • • • . r � - f • - � 1i • • - .. - ,� . � . • - • � - +r i► • - � • s � s � � • • • • • � • • i i .. • • f • � f " . • i • i 1 i i � SEcTioN 19 - PROBATIONARY PERIOD period unless the Merit Board specifically reinstates the former period. 19.6 Regular Appointment. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the Director of Human Resources receive from the appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee is recommended for permanent appointment. A probationary employee may be rejected at any time during the probation period without regard to the Skelly provisions of this MOU, without notice and without right of appeal or hearing. If the appointing authority has not returned the probation report, a probationary employee may be rejected .from the service within a reasonable time after the probation period for failure to pass probation. The Department will make every effort to process the probation report in a timely manner, with the intent of completing it before the end of the probation period. 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. CNA - 110 - 2002-2005 MOU . [OVEN ' � ■ _ ! � ■ , � - - � $ ■ . - - e f ■ ■ ■ ■ . e _ . 4 ` , e , ■ f ■ $ e « �- e e _ - f ■ $ , ■ e . ■ ` - : � e � e $ \ $ � ■ � ■ tee - - a f � ■ f - e � e e _ ■ e . ■ ® $ $ - - »¥ « ■ ■ ■ � e e _ � me � e ■ ■ � . # e a - e . e - � - e ■ - » e - e $ < e ■ # ■ _ - $ # ` e 2 ` fe $ f : � . � - ■ ' . . $ t . e e � . � $ , ■ � ■ , ° _ $ $ � .e $ 4w : e © . ■. ` m ■ f e _ 10 � ' ■ , $ ` . . $ ° - . .e 'e ■ : - e ■ - e < . f , - _ e ■ # ■ � e ■ e ` ef � # < � � ` - e # . < . : e e ® ^ . . , ■ � ■ . ' � - e e $ . - , eeee � . # , , ■ , - « , < , � $ e ` a , ■ # a \ ■ � e $ _ e ' � � « r' ■ f _ - � : � ■ � . . , as - ■ f #, - . » _ $ f ■ � - eee ■ ` - e ° . - e � � � f ■ - f ■ . - e e ■ e _ e ^ � f ■ ■ < ' e , # � ■ t ■ , fe , ■ f _ _ \ e f ® $ ■ ' f , , � � , « ee � e � e - # e � f � e , � � ■ ■ e - ■ e _ ■ - _ � eel . e $ _ , e e ® f � e e . 2 � . ■ t . ■ _ e ■ � _ e ■ ' e ■ f e « � # � ■ � e _ ' e . � . » . ' 10 ® e e . e � - a e ■ ■ ' $ � e # e � ■ ■ ~ . | � . � e SECTION 20 - PROMOTION appointment from a layoff or reemployment list is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 19.8 Rejection During Probation of Lawoff Employee. An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within" the period of layoff eligibility. The employee shall begin a new probation period if subsequently certified and appointed in a different department or classification than that from which the employee was laid off. SECTION,20 - PROMOTION 20.1 Promotion shall be by competitive examination unless otherwise provided in this MOU. 20.2 Promotion Policy. The Director of Human Resources, upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 20.3 Promotion Via Reclassification Without Examination. Notwithstanding other provisions of this Section, an employee may be promoted from one classification to a higher classification and his/her position CNA - 11 Z - 2002-2005 MOU SECTION 20 - PROMOTION 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 Director of Human Resources. e. The Association approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 20.4 Requirements for Promotional Standing. In .r�.�.r�.a� i �. irr. rrirur•r.rnrririr.rfrrnmr.n.�rr�rrr_orrrrrrn.rrr� order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. If an employee who is qualified on a promotional employment list is separated CNA - 113 - 2002-2005 MOU SECTION 21 - TRANSFER from the merit system, except by layoff, the employee's name shall be removed from the promotional list. 20.5 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of seventy percent (70%) or more, shall receive, in addition to all other credits, five one-hundredths (.05) of one percent for each completed month of service as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, however,. shall receive more than a total of five percent (5%) credit for seniority in any promotional examination. 20.6 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 The following conditions are required in order to qualify for transfer: a. The position shall be in the same class, or if in a different class shall have been determined by the Director of Human Resources to be appropriate CNA - 114 - 2002-2005 MOU SECTION 21 - TRA SFER for transfer on the basis of minimum qualifications and qualifying procedure; b. the employee shall have permanent status in the merit system and shall be in good standing; C. the appointing authority or authorities involved in the transaction shall have indicated their agreement in writing, d. the employee concerned shall have indicated agreement to the change in writing; e. the Director of Human Resources shall have approved the change. Notwithstanding the foregoing, transfer may also be accomplished through the regular appointment procedure provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. 21.2 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 therefore. If the Director of Human Resources considers that the reasons are adequate and that the transfer will be for the good of the County service and the parties involved, the Director of Human Resources shall inform the appointing authority or authorities concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. CNA - 115 - 2002-2005 MOU # - ; � f � ,. - i - - i i i .. i . i f ! i i i i - • i - i ! " ! i ! � i i • # - - ! i i i # ! i i - i - - - i • ! i • - i i � i s w � � � • '` ii i i • '" ii i i " is ! . �! "' • i i '" i i i +� * i � ! � i w ! - .� • • i � ! i - ii - i i i '" i i i +� i - i i - i ! ! ' .. i • ' • ,. � i ' i i i • i • i • ' � i - • 4 i � i � ' i # • ' . � i ii M1 11 M . § . ■ � . - , � � - e , � y ■ e e � e e - � e . $ ■ - , � e % � . # � e #» �� $ ■ e - � � � � ' � ■ a . f � e ee � ■ e ■ � $ - � ■ a f � � ■ ` � , - . � � � : e - � _ � � � $ � � � . � ® _ ■ e � � , � � - � � f f � $ ■ � � . . . � . , � - .- ■ ' ■ , � . . f . � , ■ e e � � ■ e ® « f � ° _ � � e e � $ � ' < , � : � _ ? . � �_ e � � � - - * : 2 - . � w. ` � � # - e , - � . $ # ® e . � f� . � 2 $ e �� » � � � e , f � .� � ■ ■ � � # e � e < e � e ■ © e � , e f ee � f \ � $ e � ■ e _ e , �* _ � � � ■ e e � � a ■ a � & � a - � . ~ � � � ■ � - . \ ■ - � ■ . _ � � . � � - $ e - - l $ � � e � e e , � ■ � - f � � - e � � $ � e � ' $ ■ » ■ � � - . ■ � f ■ � . e . � ` e ■ � . - e - e . :, e � _ � � e , e ® � � ' - - � � �< - a a � ■ ' e $ @ f . , - - ■ _ . - e , � e - ■ e � � e � � e � - ■ ■ � . _ . . � a . � � $ . . . � � . � � � e � � � � � e a , � _ \ � $ � � . � � � , . e � . e ■ � : - » � � f � � ■ , � » ^■ ^ , � ■ � � * ■ � � - e ■ � e ` . � e e � ' � . f � - e � � ee � $ ' _ ^f . � - . . - ■ ■ � f , . � - . . - . ■ � � f � $ � e . , �� f ■ f . �� . . f �. e ■ $ - # - # ■ � � 2e � ■ e ■ � � � � e ' tee e ef ^ � � � � - � � . e . » e , e ' � � e � � � � � e $ � e � . ~ ■ � e e ■ � � ■ ■� e - f � f 2 ■ � e , - , ^ - ■ , - . fie � � � � < . � . � . ■ � ee - . � � e f ■ e ? � f e � � e � f � ° e e , � � � � tl � ■ ■ < . : ■ SECTION 22 - RESIGNATIONS employment record and will not be used for subsequent employment related decisions. f. No Old Job Claim. The selected bidder shall have no claim on the job that the selected bidder left. If the decision is made by either the supervisor or the employee to seek immediate reassignment, the employee must take another open job (not bid on). The old job may not be reclaimed because the employee once held it. g. Minimum Job Time - 3 Months. Employees must have had three (3) months in their reassigned position before they may , bid on another open position. Time period begins the date they begin working in the new assignment. h. Bidding While on Leave. Employees interested in a particular assignment and wishing to be notified of an open position while on authorized absence from work (not day off) may leave_a bid form or a self-addressed, stamped envelope with the Supervisor of the position in which they are interested. SECTION 22 - RESIGNATIONS � r 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 CNA - 'i 18 - 2002-2005 MOU ■ - . • ■ e � � e � , e . � _ - ■ � e � ■ ' � � e , � e f ■ ■ - � e ■ e ■ _ . � � � e $ - ` e ■ f ± _ e e ` _ � ' $ f ■ � e� . � � e , ■ ® - © � � � . , # � , ■ , � - < e » e ■ $ ` _ e # e e or e ■ . _ » # . - ` ^ � , ■ , ` e - , � e � f e � l .- � © . f , ■ ■ ■ e , # - e ' _ e � � e - � ■ e ■ - ■ ■ m . e � - - e e � ® . - , � e e a - ■ � , tee ■ e # ee . , $ .■ ow f e e ® ® _ ■ ® ` _ ■ - e e e - $ $ e ■ . ■ \ - $ ■ $ 0 f e e . f ■ 0 e . - f ■ , ■ ■ , e # f 0 dee ■ e _ # \e - - ■ e � - , _ ■ of _ . $ _ ■ ■ . & _ 2 ■ 2 - e 0 � 00 e - 600 $ _ e ee - , . � f � e , e _ - e _ e f e , fe � f■ 14 , . . e , e » $ . ■ - 0 e l� e - ` 0 w e e e \ - , e ■ e e _ 0 -- # ■.. . ■ ■ e SECTION 22 - RESIGNATIONS 22,5 Coerced Resignations. 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 Human Resources Director, 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 be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Human Resources Director waiving the employee's right of appeal to the Merit Board in favor of the employee's appeal rights under the grievance procedure contained in Section 24 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 CNA - 120 - 2002-2005 MOU r r r • ' r r ♦ r r r M R r ► • r r '" ' . r ' r �► rrrr . r r r r lw • ' r • ' r r ,. rIV • ' • .. • r ' r r ' r . r r r r r • • r r � r r • r r r � r r ' ' � r r r • - . r r r r • . + 11 it r SECTION 23 - DISMISSAL, SUSPENSION, AND DEMOTION SECTION 23 - DISMISSAL, SUSPENSI®Ny AND DEMOTION 23.1 The appointing authority maydismiss, suspend, or demote, any employee for cause. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal, suspension or demotion may be based on reasons other than those specifically mentioned. a. absence without leave; b. conviction of any criminal act involving moral turpitude; C. conduct tending to bring the merit system into disrepute; d. disorderly or immoral conduct; e. incompetence or inefficiency; f. insubordination; g. being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises; h. neglect of duty; CNA - 122 - 2002-2005 MOU - 111...............1. SECTION 23 - DISMISSAL, SUSPENSION, AND DEMOTION i. negligent or willful damage to public property or waste of public supplies or equipment; j. violation of any lawful or reasonable regulation or order given by a supervisor or Department Head; k. willful violation of any of the provisions of the merit system ordinance or personnel Management Regulations; 1. material and intentional misrepresentation or concealment of any fact in connection with obtaining employment, M. misappropriation of County funds or property; n. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this MOO; 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 CNA - 123 - 2002-2005 MOU SECTION 23 - DISMISSAL, SUSPENSION, AND DEMOTION performance, or creating an intimidating and hostile working environment. 23.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before taking a disciplinary action to dismiss, suspend for more than five (5) work days (four (4) work days for employees on 4/10 work week), demote or reduce in salary any employee, the appointing authority shall cause to be served personally or by certified mail on the employee, a Notice of Proposed Action, which shall contain the following: a. A statement of the action proposed to be taken. b. A copy of the charges, including the acts or omissions and grounds upon which the action is based. 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. CNA - 124 - 2002-2005 MOU '" � iii • , i • • "' • ' i • i • . i i i i ' • i ii • i i iaf "" • ' ` • a • • ' SECTION 23 - DISMISSAL, SUSPENSION, AND DEMOTION B. Service of Order. Said order of dismissal, suspension, or demotion shall be filed with the Human Resources Director, showing by whom and the date a copy was served upon the employee to be dismissed, suspended or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon personal service or deposit in the U. S. Postal Service. C. Emplo eye Appeals from Order. The employee may appeal an order of dismissal, suspension or demotion either to the Merit Board or through the procedures of Section 24 - Grievance Procedure of this MOU provided that such appeal is filed in writing with the Director, of Human Resources within ten (10) calendar days after service of said order. An employee may not both appeal to the Merit Board and file a grievance under Section 24 — Grievance Procedure of this MOU. 23.6 Emplovee Representation Rights. The County recognizes an employee's right to representation during any disciplinary interview or meeting which may result in discipline. The County will not interfere with the representative's right to assist an employee to clarify the facts during the interview. CNA - 126 - 2002-2005 MOU ` i � I � � i• IR � � M 4 I • ` • tv r ` • ` ` • • I �r ► ` �► ! • ` i ` NM • 40 • f '' • ! Iii • • SECTION 24 - GRIEVANCE PROCEDURE 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) work days to the Human Resources Director. The Human Resources Director or his or her designee shall have twenty (20) work days in which to investigate the merit of the complaint and to meet with the Department Head and the grievant and attempt to settle the grievance and respond in writing. Step ANo grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 3 above and filed within ten (10) work days of the written response of the Human Resources Director or designee. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, such grievance shall be submitted in writing to an Adjustment Board comprised of three (3) Association representatives and three (3) representatives of the County, no more than two (2) of whom shall be either an employee of the County or a member of the staff of an organization employed to represent the County in the meeting and conferring process. The Adjustment Board shall meet and render a decision within twenty (20) work days of receipt of the written request and render a decision. If the County fails to meet the time limits specified in Step 4 and the grievant demands in writing that an Adjustment Board be convened, the County will convene an Adjustment Board within ten (10) work days or CNA - 128 - 2002-2005 MOU � \ � � . � . - � � • � � � ■ . � - - e - © _ � � � e � ■ , � $ . � e e $ � e f ^ + $ � � � f ■ e - e � � , � § - # e � e . � - � , � - � � � e ■ . . f f $ < � � � � e . . \� - & #� ■ . � � ■ � ■ , ` _ , ® e \ ' . _ . � - e 2 . = ' $ - ® - f ■ » ■ , p � �e �_ . ■ � � $ � � , of e - � e � . - e ■ � . , , e f � � � 40 40 e � � f - � � � e �: � � . , � ' � _ � � - ° e . � \ ■ f � � e $ , e� - �' � a f e e � f � e � \ \ � - & e _ ■ ■ ` : . e . . f � $ # _ . ■ � - � - e . - � e � � $ �, e � e � � �? � � , � � � . _ � f f . � � ■ � � ^ � ■ � e � � e � � ■ - . e » $ e $ , e f e - e ■ © e e ■ f \ ` $ e - . * ■ e - � e � fe $ � . , � � . e . , � e ■ # � , e e � , � � � � - fOF ■ �, e , ■ e ` . e ® ` ■ e - . _ � - � , 'e � ■ � # ` ■ - � , � $ . - ■ e e f . 2 , e � e � e ■ f #_ _ � $ �� e e e. � � _ e . � � � « , _ � � ® ■ . ° � - � � , > « & , ' # & , ■ _� �� � : , .. �. ■ � . © $ \ $ ® e ® & e , a v _ ■ _ e , $ � ® � - 2 . ■ @ # - e � . e � � f � . � ■ f , � e of � ? � ■ ■ . � � � � ! � ■ ■ \ � ■ ■ . � e . SECTION 24 - GRIEVANCE PROCEDURE B. No Adjustment Board and no arbitrator shall entertain, hear, decide or mare recommendations on any dispute unless such dispute involves a position in a unit represented by the Association which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in Subsection 24.1 above. C. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. If the Human Resources Director in pursuance of the procedures outlined in Step 3 above, or the Adjustment Board in pursuance of the provisions of Step 4 above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time. E. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment CNA - 130 - 2002-2005 MOU i ! • f i ► i ! i1 i1 • SECTION 24 - GRIEVANCE PROCEDURE interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Association. 24.6 During the term of this MOU, the Association, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, steppage of work, sickout, or refusal to perform customary duties. In the case of a legally declared lawful strike against a private or public sector employer which has been sanctioned and approved by the labor body or council hawing jurisdiction, an employee who is in danger of physical harm shall not be required to cross the picket line, provided the employee advises his or her supervisor as soon as possible, and provided further that an employee may be required to cross a picket line where the performance of his or her duties is of an emergency nature and/or failure to perform such duties might cause or aggravate a danger to public health or safety. 24.7 Merit Beard. A. All grievances of employees in representation units represented by the Association shall 'be processed under Section 24 unless the employee elects to apply to the Merit Board on matters within its jurisdiction. B. No action under Step 3, 4, and 5 of Subsection 24.1 above shall be taken if action on the CNA - 132 - 2002-2005 MOU A " . " ! ! � # ! " ! ! • • it � ! " • IV OM 0 SECTION 26 - RETIREMENT 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 employee's share. The County will pay the remaining one-half (1/2) of the retirement cost-of-living program contribution. 2$.2 Tier til. Subject to the enactment of enabling legislation amending the 1937 Employees' Retirement Act to allow such election, the County will permit certain Tier II 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 Ill, 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. CNA - 134 - 2002-2005 MOU SECTION 26 .. RETIREMENT 4. Employees represented by the Labor Coalition and its member employee organizations therein referred to as `Labor Coalition') enrolled in Tier 11 who have attained five (5) years of retirement credited service as of the effective date of the enabling legislation shall have a six (5) month period after such date to make a one time irrevocable election of the Tier 111 Retirement Plan expressed herein subject to action by the Board of ;supervisors to implement the Plan. Thereafter, employees represented by the Labor Coalition enrolled in Tier 11 who have attained five (5) years of retirement credited service shall have a ninety (90) day period to make a one time irrevocable election of the Tier 111 Retirement Plan expressed herein. 5. a. The County's employer contributions and subvention of employee contributions for Labor Coalition employees electing Tier 111 which exceed those which would be required for Tier 11 membership shall: 1 . be funded by reducing the general wage increase agreed upon to be effective October 1 , 1997, and .the pay equity amounts attributable thereto, by a percentage sufficient to reduce the County's wage obligation by three { 3} million dollars per year; and the general wage increase of all employees CNA - 135 - 2002-2005 MOU SECTION 26 - RETIREMENT represented by the Labor Coalition shall be reduced accordingly; and 2. in the event the County's costs attributable to the creation and operation of Tier III exceed $3 million per year or the County Employees' Retirement Association's actuaries determine in future years that the County's retirement 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 Flan 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. CNA - 136 - 2002-2005 MOU SECTION 26 - RETIREMENT 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 111 shall be used to offset future County retirement cost increases attributable to the creation and operation of Tier 111; 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) expehditures from the account to cover increased costs t resulting from the Tier 111 Retirement Plan, and d) the ending account balance. b. Any increased costs to the County, due to Tier 111 participation by employees not represented by the Labor Coalition, shall not be funded by reduction of general wage increases otherwise due to the employees represented by the Labor Coalition. c. Subject to the provisions expressed above, any and all additional employer and County- CNA - 137 - 2002-2005 MOU SECTION 26 - RETIREMENT 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. 0. 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 I I I 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 11 1997, without interest, in lieu of implementation of the Tier III Retirement Plan. CNA - 138 - 2002-2005 MOU 2 ■ i - f . . .. . . . . . . ... . . . . . . . . . . -- e � � .$ \ - f � e � \ � ■ , � $ . � � � ■ - �.�� � _ ■ � e � � $ � . $ - $ � � e ■ � , ■ � �� ' s e � a e � - � f � � � � � ■ - / ■ \ � ` e � . e . � . . e ■ � - . � t � � � & < � _ � � WI . . ■ f � f ■ � � f � � � � f � � � e - - _ as $ a # ■ ® e - - ' , e e \ f $ ° < - e - - . . ■ < . . ■ _ - « , e a , � e � ^ ~ ■ - � � \ ■ . # f � # � � ■ e ® � � ® f e e . . - � » e ■ � � f . � e � � - � � » - § # , , � y . . . . $ $ . , � � � � . � � � � ■ � # � � e e - - � ' $ � � � - e ■ - , e � . : f � e , e � $ ` � - ■ - � e � � ■ � ■ � f � . f � ' � ■ � , e � ■ , fe t � - . e � , � � f \ � � e � , � ■ � ^ f � ' � � ■ e ` f _ e $ ■ � � � - � � � $ - f , e . * a ■ , � � � e _ ` � f ■ � ■ . ■» . ■ el� � . � � $ e : � � f e _ .- - ° \ � f �� � ` - . ■ f 2 : , e $ . � © < ' ^ ■ � . < ■ � ` � SECTION 27- TRAINING REIMBURSEMENT 1 . Employee buys back two (2) years, County will buy back one (1 ) year for a total of three (3) years of buyback. 2. Employee buys back four (4) years, County will buy back two (2) years for a total of six (6) years of buyback. 3. Employee buys back six (6) years, County will buy back three (3) years for a total of nine (g) years of buyback. SECTION 27 - TRAINING REIMBURSEMENT 27. 1 The County Administrative Bulletin on Training shall govern reimbursement for training and shall limit reimbursement for career development training to six hundred fifty dollars ($650) per year. reimbursement under the above limits for the casts of books for career development training shall be allowable. 4 Continuing education shall continue to. be administered under the Administrative Bulletin on Training and of the $650 per year, $250 may be applied to continuing education courses: Training reimbursement applicable to continuing education (i.e. $250) may be carried over into the next fiscal year. The maximum reimbursement available in any fiscal year may not exceed twice what may be accrued in any one fiscal year. 27.2 The Health Services Department will provide Advanced Cardiac Life Support certification and re- certification classes to. those employees who are required CNA - 140 - 2002-2005 MOO we ` w► r • w. ! .0p lot � s A Registered Nurse assigned to the night shift, who attends a continuing education course of eight (8) hours duration outside scheduled work time, may receive educational leave pay for the actual course time and may be excused from the night shift immediately preceding or following the course attended. When an employee covered by this agreement separates from County service, any unused educational leave shall be canceled. Permanent part-time registered nurses shall be entitled to educational leave on a pro-rated basis. An employee who attends a pre-approved course on a date for which he/she is not regularly scheduled to work or who completes a pre-approved home study course will be granted CE time off for the number of hours equivalent to the CE units earned. Only Board of Registered Nurses and Continuing Medical Education approved courses will be approved. Such time off must be scheduled in advance by mutual agreement between the employee and the supervisor. SECTION 29 - CLASSIFICATION Existing classes of positions may be abolished or changed and new classes may be added to the classification plan by the Human Resources Director subject to approval by the Board of Supervisors. The County will meet and confer with the Association on the minimum qualifications and salary of new classes. CNA - 142 - 2002-2005 MOU SECTION 30- SAFETY If the County wishes to add duties to classes represented by the Association, the Association shall be notified and upon request of the Association, representatives of the County will meet and consult with the Association over such duties. SECTION 30 - SAFETY The County shall expend every effort to see to it that the work performed under the terms and conditions of this MOU is performed with a maximum degree of safety consistent with the requirement to , conduct efficient operations. SECTION 31 - MILEAGE i The mileage allowance for use of personal vehicles on County business shall be paid according to the rates allowed by the Internal Revenue Servioe 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. SECTION 32 - 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- CNA - 143 - 2002-2005 MOU SECTION 33 - DETENTION FACILITY DIFFERENTIAL controller's Office, it is the policy of the Auditor- Controller's Office that the error will be corrected and a new warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and holidays from the time the Department is made aware of and verifies that the pay warrant is in error. Pay errors discovered by the county found in employee pay shall be corrected as soon as possible as to current pay rate but that no recovery of either over .payments or under payments 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 Human Resources Director or designee, or the Auditor-controller or designee. Discovery of fraudulently accrued over or under payments are excluded from this section for both parties. SECTION 33 - DETENTION FACILITY DIFFERENTIAL Employees who work in the county Detention Facility (including Marsh Creek, West County, Byrons Boy's Ranch, the Martinez Detention Facility and Juvenile Hall) shall receive a differential per hour worked at a premium of five percent (5%) of the hourly equivalent of the base rate. Effective the first of the month following the month in which this MOU is adopted by the Board of Supervisors, a five percent (5%) detention differential will be added to the CNA - 144 . 2002-2005 MOU SECTION 34 - JOINT AS.SOCIATIONIMANAGEMENT MEETING current five percent (5%) detention differential, for a total of a ten percent (10%) detention differential. .SECTION 34 - JOINT ASSOCIATION/MANAGEMENT r MEETING A. There shall be a Joint Association-Management Meeting every other month unless mutually waived or unless mutually agreed to meet more frequently. Release time or appropriate overtime or paid straight time will be provided for three (3) Association representatives; the Chief Nurse Representative, the Outpatient Nurse Representative and the FNP Nurse Representative, or their designees. Management may also have three (3) representatives; the Director of Hospital Nursing, the director of Ambulatory Care Nursing and . the Health Services Department Personnel Officer, or their designees. Both parties may agenda items . in advance of the meeting and management shall provide reasonable information which is not confidential nor legally protected with a minimum of two (2) weeks advance notice. Other people may be invited to attend such meetings if mutually agreed upon in advance. Among issues for discussion shall be items related to communication and trust. CNA - 145 - 2002-2005 MOU SECTION 35 - PROFESSIONAL PERFORMANCE COMMITTEES B. Upon request of the Association, the County agrees to schedule meetings similar in concept for the Public Health Division. SECTION 35 - PROFESSIONAL PERFORMANCE COMMITTEES 35.1 There shall be a single Health Services Registered Nurse Professional Performance Committee which shall consist of two (2) subcommittees; one (1 ) for inpatient Registered Nurses and one (1 ) for outpatient Registered Nurses. The Committee(s) may consider and discuss issues and subject matters of their own selection which are related to patient care and nursing practice. The Committee(s) may also formulate advisory recommendations and proposals concerning such matters. The Committee(s) shall not discuss economic matters, such as wages, hours and other economic conditions which may be subject to meet and confer. 35.2 The Inpatient Subcommittee may schedule one (1 ) regular meeting each month during working hours which shall be scheduled to conflict as little as possible with nursing services. The County will release from duty no more than three (3) Registered Nurses assigned to the day shift, two (2) Registered Nurses assigned to the evening shift and one (1 ) Registered Nurse assigned to the graveyard shift for a period not to exceed two (2) hours for attendance at such a meeting. CNA - 146 - 2002-2005 MOU • ! „ - ' ! V ! ! ! ! ! ! V a M V V .. SECTION 36 - NOTICE OF HIRES AND SEPARATIONS and other economic conditions which may be subject to meet and confer. The Committee may schedule one regular meeting each month during working hours which shall be scheduled to conflict as little as possible with clinic schedules or operational needs. The County will release from duty no more than three (3) Family Nurses Practitioners for a period not to exceed two (2) hours, including travel time, for attendance at such a meeting. The Committee shall maintain written minutes and shall provide copies to the designated supervisor(s) of the Family Nurse Practitioners in the Hospital and Clinic and Public Health Divisions and shall maintain copies in various locations for perusal by the Family Nurse Practitioners. SECTION 36 - NOTICE OF HIRES AND SEPARATIONS The County agrees to periodically mail to California Nurses Association the name, classification, and date of hire or termination of employees in classifications represented by California Nurses Association. SECTION 37 - PROVISIONAL APPOINTMENT Whenever an appointing authority makes a request for personnel to fill a position in a class for which no reemployment or employment list is available, or in a class CNA - 148 - 2002-2005 MOU WO r ! ~ ! ! ! ! w w r r 40 10 Ir r r ! M 10 10 ! ! ! r r ! ! r ! • SECTION 38 - PERSONNEL FILES SECTION 38 - PERSONNEL FILES An employee and/or the employee's union representative, shall have the right to inspect and review the employee's departmental personnel file upon request at reasonable times and for reasonable periods during the regular business hours of 8:00 a.m. to 5:00 p.m. Documentation in the personnel file relating to the investigation of a possible criminal offense, and such information or letters of reference shall be specifically excluded from such inspection and review. The employee's union representative, with written authorization by the employee, shall also have the right to inspect and review any official records(s) described above. SECTION 39 - REIMBURSEMENT FOR MEAL EXPENSES Employees shall be reimbursed for meal expenses under the following circumstances and in the amount specified: a. When the employee is required by the department head to attend a meeting concerning County business or County affairs. b. When the employee is required to be out of the regular or normal work area during a meal hour because of a particular work assignment. CNA - 150 - 2002-2005 MOU SECTION 40 - COMPENSATION FOR LOSS OR DAMAGE To PERSONAL PROPERTY C. when the employee is required to stay over to attend consecutive or continuing afternoon and night sessions of a board or commission. d. when the employee is required to incur expenses as host for official guests of the County, work as members of examining boards, official visitors, and speakers or honored guests at banquets or other official functions. e. when the employee is required to work three (3) or more hours of overtime; in this case the employee 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. Procedures and definitions relative to reimbursement for- meal expenses shall be in accordance with the Administrative Bulletin 'on Expense Reimbursement. SECTION 40 - COMPENSATION FOR LOSS OR DAMAGE To PERSONAL PROPERTY The loss or damage to personal property of employees is subject to reimbursement under the following conditions` CNA - 151 - 2002-2005 MOU SECTION 40 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY 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. g. The loss or damage to employees' eyeglasses, dentures or other prosthetic devices did not occur simultaneously with a job connected injury covered by Workers' Compensation. h. The amount of reimbursement shall be limited to the actual cost to repair damages. Reimbursement for items damaged beyond repair CNA - 152 - 2002-2005 MOU ............... SECTION 40- COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY shall be limited to the actual value of the item at the time of lass or damage but not more than the , original cost. i. The burden of proof of lass rests with the employee. j. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation for Loss or Damage to Personal Property. SECTION 41 - SERVICE AWARDS The County shall continue its present polity with respect to service awards including time off; provided, however, that the type of award given shall be at the sole discretion of the County. The following procedures shall apply with respect to service awards: a. Presentation Before the Beard of Supervisors. An employee with twenty ( g) 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 CNA - 153 - 2002-2005 MOU SECTION 42 - UNFAIR LABOR PRACTICE 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) years anniversary. SECTION 42 - UNFAIR LABOR PRACTICE Either the County or the Association may file an unfair labor practice as defined in Board of Supervisor's Resolution No. 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties within thirty (30) work days from the date of receipt, may be heard and decided by a mutually agreed upon impartial third party. SECTION 43 - LENGTH OF SERVICE DEFINITION (for service awards and vacation accruals) The length of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary, previsional, and permanent status, and absences on approved leave of absence). When an employee separates from a permanent position in good standing and within two (2) years is re-employed in a permanent County position, or is re-employed in a permanent County position from a layoff list within the period of layoff eligibility, CNA - 154 - 2002-2005 MOU SECTION 44 - P'E'RMANENT PART-TIME EMPLOYEE BENEFITS service credits shall include all credits accumulated at time of separation, ' but shall not include the period of separation. The Human Resources Director shall determine these matters based on the employee status records in his department. SECTION 44 - PERMANENT PART-TIME EMPLOYEE BENEFITS Permanent parttime employees receive prorated vacation and sick leave benefits. They are eligible for health, dental and life insurance benefits at the same rate as for full time employees providing they work at least forty percent (40%) of full time (i.e. 15!40). If the employee works at least fifty percent (50%) of full time, County retirement participation is also included. SECTION 45 - �.., PERMANENT-INTERMITTENT EMPLOYEE BENEFITS Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. Each person appointed to a permanent-intermittent Registered nurse position shall be given ' an information sheet which lists the terms and conditions of employment and employee benefits. CNA - 156 - 20022005 MOU SECTION 46 - PERMANENT-INTERMITTENT EMPLOYEES HEALTH PLAN SECTION 46 - PERMANENT-INTERMITTENT EMPLOYEES HEALTH PLAN 46.1 A permanent-intermittent employee may participate in the County Group Health Plans of medical, dental and life insurance coverage wholly at the employee's expense. The County will not contribute to the employee's monthly premium. The employee will be responsible for paying the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and immediate withdrawal from the County Group Health Plan and reinstatement may only be effectuated during the annual open enrollment period. 46.2 Effective one hundred and twenty (120) days after all Coalition Employee Organizations have signed their respective Letters of Understanding, the following benefit program shall be offered to permanent-intermittent employees: a. Program. The County shall offer CCHP Plan A-2 at the subvention rate of sixty-four percent (64%) of the cost of the premium for a single individual, to those permanent-intermittent employees who meet and maintain eligibility. b. Eligibilil . Initial eligibility shall be achieved when an employee has worked three (3) continuous months of service at an average of fifty percent (50%) time per month. In order to maintain eligibility, a permanent-intermittent employee CNA - 156 - 2002-2005 MOU , � . � . , . ' . - ` � � � � . . . ' ■ � � . . � . � \ � f � , e � e . _ . < e . # ` - . � � _ � � . ® - - � �� e $ - e - $ �' e $ � . � e � � � f - � $ � e e � e � f e , 2 - � $ ■ � - e $ ■ e . ` e . . . . . . ■ � ® - � � - . � , . , � � , $° f ■ � � � � � � $ y ®^�- - � ® ■ - ■ ■ � e ■ � � $ e - - . © . e \ � � - e e f� e - � ^ � ee � ■ � e � 2 � - , � � _ - e - � � � � e � � ■ e � ~ . J ■ f. � . � . � , ■ e e � - � e ■ - ' < � e � � f ® � - ® e e � � - $ � - � \ � _ � e # � � - $ _ , ■ � � . e , e e , � e � . . e � e # � - � $ � e ■ , � ■ - , e � e � e ® � $ e ■ � ■ . e e - ■ e ■ � � e ' _ e - e ■ � f � , y , � $ e � � © � � f e � 2 :■ ` : ® � � § # � f . - ® ' � � e � e ■ � - e , ® � � ■ � , \e ■ � ' e e . fe � � . e 'e � � ■ $ ` � ■ , ' $ e $ � e , ■ f , e - � � $ - � ® , e � f f © , e ® � � � , $ ■ _ Vie * � e . . , . ■ ' . .e $ . . . f . _ ■ � � e . e f » e - � ` � � � � e @ $ $ � . . $ 2 - e a � e - � � � ■ � f $ - ee � � < _ # - e . . � $ e _ � � � e � a ' \ f ■ ■ - f e � ' � # � e ■ e . e f � # ■ � - � ■ - a $ � � $ $ � e � . . � a , � @ . $ . - � . - e ■ - e . e . � < f e � f � . � _ � � , - @ e tee . . .® � - ° � � , ■ � � � � - ■ # � . , � � ■ � . � ■ ; # SECTION 47 - PROVISIONAL EMPLOYEE BENEFITS eligibility and shall have thirty (30) days to decide whether or not to elect coverage under this program. f. Employees who are temporarily ineligible may purchase, at their own cost, the plan in accordance with the procedures set forth by the Contra Costa County Health Plan. Nothing in Section 46.2 shall prevent an employee from electing health coverage under either Section 46.1 or Section 46.2 SECTION 47 - PROVISIONAL EMPLOYEE BENEFITS Provisional employees who are not permanent employees of the County immediately prior to their provisional appointment, are eligible for vacation and sick leave benefits. A provisional employee may participate in the County Group Health Plans of medical, dental and life insurance coverage wholly at the employee's expense. The County will not contribute to the employee's monthly premium. The employee will be responsible for paying. the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and immediate withdrawal from the County Group Health Plan and reinstatement may only be effectuated during the annual open enrollment period. CNA - 158 - 2002-2005 MOU SECTION 48 - LUNCH PERIODIREST BREAK SECTION 48„ - LUNCH PERIODIREST BREAD Hospital Nurses scheduled to work a full shift eight (8) hours within a spread of eight and one-half (8Y2) hours shall receive not less than one half (112) hour for lunch. If such nurse is required to work during all or any portion of the lunch period, such time worked shall be paid at the rate of time and one-half (1 Y2), provided the nurse actually works a full shift. Nurses with one-half (112) hour lunch at the hospital shall receive priority service over non-employees in the hospital cafeteria. There is no change in shift hours for nurses employed at Juvenile Hall or the Detention Facility; those remaining on a straight eight (8) hour shift are always, in a pay status and on duty during lunch and are not permitted to leave the facility without the consent of their supervisor. Nurses are entitled to a ten (1 g) minute rest break during each four (4) hour working period, and said. rest break may be taken at any time during the four (4) hour period. In no event shall there be more than two (2) rest breaks during one shift. Nurses shall coordinate rest breaks with the Nursing Program Manager, or designee in accordance with patient care needs. CNA - 159 - 2002-2005 Mall SECTION 49 FAMILY NURSE PRACTITIONERS SECTION 49 - FAMILY NURSE PRACTITIONERS 49.1 Administrative Time. A. All Family Nurse Practitioners (FNPs) in the Hospital & Clinics Division will be granted administrative time as part of the regular schedule. Administrative time will be prorated for part-time FNPs as follows: Total Position HoursMeek Average Admin HoursMeek 32-40 4 24-31 3 20-23 2 <20 0 Twenty percent (20%) of the administrative time per ten (10) week cycle for each FNP will be "at risk" to fill in primarily for FNPs for scheduled and/or unscheduled absences and/or for any absences for urgent care, small clinics with two (2) or fewer providers, the detention facilities or other clinics at the discretion ofthe appointing authority or designee. The "at risk" time will be so designated on the schedule. In the Public Health Division, FNP's will be granted administrative time on a pro rata basis and will be expected to continue to cover for FNP absences as needed. B. The regular schedule for each FNP may include one four (4) hour evening clinic per week and one CNA - 160 - 2002-2005 MOU � ■ . ' e �. . $ .. e � - - ■ � :e $ e e � ■ � e � � � � ■ - \ $ - , � ■ . - - , ■ ■ ` f $ � e e $ � - ® f e � � e : � � � ■ � � - - � e ■ e . ■ � $ �- - - � f � � ' _ - � � � ' . e e � � ■ e � � ` � _ ■ e ± � e , ■ e e � ' �2 ' � � e � # e , � , � f■ a � fe � ■ � e � , $ . � . ■ . e - - � � e , » e � f � � � e � e �� � � � ■ . ■ - e ° . . � ■ � ■ � a , � ■ ■ � _ � � $ a - . \ $ ■ f #. ■ � ■ $ e , \ � $ e � � � e _ � � $ f - , e � � - � , e � - � ■ � \ f � m f � � e a � � � � � e . ■ » ■ � » ' � ?� - - � « � � � ® � ■ , � - ■ � � ? * # � . _ . \ t e $ � �$ � � � $ $ � »� e _ �� � $ $ � ■ - $ y � � � � � : � v � , \ ■ \ 2 ° � � 2 ^ fe � ■ e ■ f , ■ e e , - _ f e ■ , � � ■ � . e ° � � � e e � $ - � ® . ■ e . . - t . . e $ . t ? � f ■ _ . - \ � . . e � � - � ® 2 . . ■ ¥ �e # f � , � $ e � • � . . | � . ■ � � e SECTION 49 - FAMILY NURSE PRACTITIONERS attendance at other noon meetings only if attendance is mandated by the appointing authority or designee. 49.3 Staff Development Time. Family Nurse Practitioners in the Hospital, Health Centers Division and Detention Centers, who are regularly scheduled to work sixteen (1 6) hours per week or more of Family Practice Clinics and/or Detention Clinics shall be eligible for staff development time. The nature of the staff development time shall be decided by the appropriate Department Head and could include such responsibilities as specialty clinic assignments, or activities which contribute to patients' health, system efficiency or quality care. Employees will be notified in writing of the decisions regarding their proposals. Employees may apply to use * such time by submitting their proposal describing the goals and process of their work to the appointing authority of designee for approval. Approval of the use of staff development time shall be a specific period of time and may be discontinued at any time with a written explanation, at the discretion of the appointing authority or designee. Employees involved in such work shall be required to submit periodic reports as determined by the appointing authority or designee. Full time employees will be reassigned four (4) hours per month from their schedule at the discretion of the appointing authority or designee. CNA - 162 - 2002-2005 MOU ___ __ f ' ! w # # # M or s SECTION 52 - LEAVE DENIALS SECTION 52 - LEAVE DENIALS Any properly submitted request for educational leave, vacation leave, or other leave of absence covered by this MCU shall normally not be denied without written explanation. SECTION 53 - CODE 2000 A ten, percent (10%) base salary differential shall be paid for those shifts on which employees in classifications represented by CNA are specifically assigned by the administration to respond to emergency Code 2000 calls. A five percent (5%) base pay salary differential shall be paid for those Emergency Department RNs who qualify for an Emergency Department differential, said five percent (5%) to be in addition to the Emergency Department differential. Assignment to the Code 2000 team is conditional on an employee(s) having successfully completed required training. Assignment to the Code 2000 team will first be based on volunteers. If there is not an adequate number of volunteers, assignment to the team will be made by management, with no more than one (1 ) RN per hospital unit being assigned at any given time. It is further understood that the above--referenced salary differential is based on an employee(s) actually being assigned to Code 2000 call. CNA - 164 - 2002-2005 MOU SECTION 54 - SPECIAL STUDIES SECTION 54 - SPECIAL STUDIES A. grievance Procedure. Following completion of these negotiations representatives of the County shall meet and confer with representatives of the Labor Coalition in order to develop rules and guidelines governing the conduct and administration of Adjustment Boards. B. Wellness Incentive Program. A broad-based pilot Wellness Incentive Program will be developed with input from the joint Labor/Management Wellness Committee. The purpose of this program will be to reward County employees with incentives for participating in Wellness Program activities and encourage them to live healthier lifestyles. . The Wellness Committee will work closely with the Human Resources Department on program design and implementation. Program Design. The Wellness Incentive Program 'design will include the development of additional wellness activities to compliment the current Employee Wellness Program schedule and collaboration with health plan carriers to develop special programs and activities for County employees and to encourage participation in their established wellness activities. Special emphasis will be placed on supporting major programs such as: Smoking Cessation, CNA - 165 - 2002-2005 MOU SECTION 54 - SPECIAL STUDIES Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings and Health Fairs. Format. A point value system for program participation will be developed wherein each wellness activity and program will be assigned a point value. Points will accumulate and incentive prizes will be awarded to employees upon realizing certain point levels. The value of the prizes will increase with higher point values and one (1 ) grand prize will be awarded each year to the employee with the highest number of points. Incentives. A series of incentive prizes will be assigned to certain point values. In addition, recognition for employee and department participation will be an important aspect of the Wellness Incentive Program. Referral. The parties agree to refer the contents of this proposal to the Wellness Committee for its consideration. C. 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, pro-ration for less than full-time employees; the length of payment while on paid CNA - 166 - 2002-2005 MOU --I .. # i # i on[lima • 11 i ! i SECTION 56 _ SCOPE OFAGREEMENT AND SEPARABILITY OF PROVISION unlawful or unenforceable, by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. 56.3 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 and as such remain in full force and effect. 56.4 Duration of Agreement. This Agreement shall continue in full force and effect from October 1 , 2002, 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. CNA - 168 - 2002-2005 MOU SECTION 56 - SCOPE OFAGREEMENT ANC' SEPARABILITY OF PROVISION Date: `5t,A FOR THE COUNTY: FOR CNA: a( V22 CNA - 169 - 2002-2005 MOU i