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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 12, 1984 , by the following vote:
AYES: Supervisors Powers , Fanden , Schroder**, Torlakson
NOES: None
ABSENT: Supervisor McPeak
ABSTAIN: None
SUBJECT: )
1983-85 Compensation for Employees )
in Units Represented by Social ) 84/ 348
Services Union, Local 535 )
The Contra Costa County Board of Supervisors RESOLVES THAT:
1. On June 12, 1984, the Employee Relations Officer submitted the
Memorandum of Understanding dated June 11, 1984, entered into with Social
Services Union, Local 535, and the following units represented by the Union:
Community Aide Unit
Social Services Unit
2. This Board having thoroughly considered said Memorandum of
Understanding, the same is approved.
3. Salaries and Terms and Conditions of Employment, Social Services
Union, Local 535. The Memorandum of Understanding with Social Services Union,
Local 535, is attached hereto, marked Exhibit A; and Section Numbers 1 through
51 inclusive are incorporated herein as if set forth in full and made applicable
to the employees in the above named units.
4. If an Ordinance(s) is required to implement any of the foregoing
provisions, the Board of Supervisors shall enact said Ordinance(s) .
THIS RESOLUTION is effective as of June 12, 1984.
**In voting for the Memorandum of Understanding , .Superyisor
R. I . Schroder advised that he was in favor of the compensation
package but was opposed to the Agency Shop provision .
I hereby certify that this is a true and correct copy of
i•._.. c;r:'sr� !'„i."utesof'he
ATi'E;-
and o;: a ';-Jo CIe,9,of theBoard
By Z;ez� �• 4—'2 7 Deputy
Orig: Personnel Department
County Administrator
County Counsel
Auditor-Controller
Social Service Department
Health Services Department
Social Services Union, Local 535
I.E.D.A./via Personnel
RESOLUTION NO . 84/348 00
,l
,i
c<t
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SOCIAL SERVICES UNION, LOCAL 535
1983 - 1985
Table of Contents
Subject Page Section
Accrual of Holiday Time 26 12.2
Adoption 63 49
Advance Notice 8 2.8
Agency Shop 4 2.2
Anniversary Dates 11 5.5
Attendance at Meetings 8 4.1
Bilingual Pay 52 24
Call-Back Time 22 8
Career Ladder 22 35
Childrens' Protective Services Respite Leave Without Pay 53 28
Coerced Resignations 45 21.5
Communicating With Employees 8 2.6
Comparable Worth Task Force 10 5.3
Compensation for Portion of Month 12 5.8
Conservatorship Differential 53 30
Constructive Resignation 45 21.2
Continuous Testing for Flexibly Staffed Classes 56 34.2
Counseling " 54 32.2
Days & Hours of Work 16 6
Definitions 1 ---
Disability 32 14.4
Disability Insurance Review Committee, 35 14.10
Dismissals, Suspensions & Demotions 46 22
Dues Deduction 3 2.1
Employees Annual Health Examination 35 14.11
Entrance Salary 11 5.4
Flexible Staffing 55 34
Grievance Procedure 48 23
Health, Welfare, Life & Dental Care 38 17
Holidays _ 25 12
Increments Within Range 11 5.6 .
Indemnification & Defense of County Employees 62 46
Integration of State Disability Benefits. with
the County Sick Leave Benefit Program 34 14.9
Jury & Witness Duty 37 16
Layoff Durin.g Probation 42 18.7
Leave of Absence Replacement 36 15.3
Leave of Absence 35 15
Leave Pending Employee Response 47 22.3
Leave Without Pay 35 15.1
Length of Service Definition 60 40
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SOCIAL SERVICES UNION, LOCAL 535
1983 - 1985
Table of Contents
page two
Subject Page Section
Maintenance of Membership 6 2.3
Mental Health Screening Differential 53 29
Merit Board 51 23.6
Mileage 52 27
Military Leave 36 15.2
Modification and Decertification 62 47
No Discrimination 8 3
No Strike 51 23.5
Notice of New Employees 53 31
Notice of Suspension Without Pp%, Due to Pending
Criminal Charges 47 22.5
On-Call Duty 22 9
Overtime & Compensatory Time 20 7
Part-Time Compensation 12 5.7
Part-Time Differential 22 7.4
Past Practices & Existing Memoranda of Understanding 64 51
Pay for Work- in Higher Classification 14 5.16
Payment 15 5.17
Pay Warrant Errors 16 5.18
Permanent Intermittent Employee Benefits 61 43
Permanent Intermittent Health P-l-an- 61 44
Permanent Part-Time Employee Benefits 61 42
Personal Property Reimbursement 59 . 39
Personnel Actions 54 32
Position Reclassification 12 5.9
Probationary Period 40 18
Procedure on Dismissal , Suspension or Disciplinary Demotion 48 22.6
Promotion 43 19
Provisional Employee Benefits 62 45,
Reassignments 57 37
Recognition 3 1
Regular Appointment 41 18.6
Reimbursement for Meal Expenses 59 38
Rejection During Probation 41 18.5
Rejection During Probation of Layoff Employee 42 18.8
Requirements for Promotional Standing 43 19.5
Resignation. in Good Standing 45 21.1
Resignations 44 21
Retirement Contribution 52 25
00 ' 59
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND ,
SOCIAL SERVICES UNION, LOCAL 535
1983 - 1985
Table of Contents
page three
Subject Page Section
Safety Program 55 33
Salaries 10 5
Salary on Appointment from Layoff List 14 5.12
Salary on Promotion 13 5.11
Salary on Involuntary Demotion 14 5.13
Salary on Voluntary Demotion 14 5.14
Salary Reallocation & Salary c- Reallocation 13 5.10
Salary Review While on Leave of Absence 37 15.4
Scope of Agreement & Separability of Provision 64 50
Seniority Credits 43 19.6
Service Awards 60 41
Severance Pay 24 11.5
Shift Differential 22 10
Shop Stewards & Official Representatives 8 4
Sick Leave 28 14
Skelly Requirements 46 22.2
Staffing Allocation & Workload Distribution 57 36
Staggered Work Schedule 17 6.3
Time Off to Vote 37 15.6
Training Reimbursement 52 26
Transfer 44 20
Unauthorized Absence 37 15.5
Unfair Labor Practice 63 48
Union Notification of Workforce Reduction 23 11
Union Recognition 3 1.1
Union Representative 9 4.2
Union Security 3 2
Use of- County Buildings 7 2.7
Vacation Leave 27 13
Withdrawal of Membership 7 2.5
Worker's Compensation 32 14.5
Written Statement for New Employees 8 2.9
9/80 Work Schedule Pilot Study 17 6.2
9/80 Work Schedule Pilot Study Holidays 26 12._4
Attachment A - Project Positions
Attachment B - Salaries
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H
Memorandum of Understanding
Between
Contra Costa County
And
Social Services Union, Local 535
This Memorandum of Understanding is entered into pursuant to the authority
contained in Division 34 of the Contra Costa County Board of Supervisors
Resolution No. 81/1165 and has been jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of
Contra Costa County in employer-employee relations matters as provided in Board
Resolution No. 81/1165.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees in units in which the
Union is the recognized representative, have freely exchanged information,
opinions and proposals and have endeavored to reach agreement on all matters
relating to the employment conditions and employer-err.ployee relations covering
such employees.
This Memorandum of Understanding shall be presented to the Contra Costa County
Board of Supervisors as the joint recommendations of the undersigned for salary
and employee benefit adjustments for the period commencing July 1, 1983 and
ending June 30, 1985.
Special provisions and restrictions pertaining to Project employees covered by
this Memorandum of Understanding are contained in Attachment A which is attached
hereto and made a part hereof.
Definitions•
A. "Appointing Authority" means Department Head unless otherwise
provided by statute or ordinance.
B. "Class" means 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.
C. "Class Title" means the designation given to a class, to each
position allocated to the class, and to the employees allocated to
,the class.
D. ".County" means Contra Costa County.
E.. "Demotion" means 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
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otherwise provided for in this Memorandum of Understanding, in the
Personnel Management Regulations, or in specific resolutions
governing deep classifications.
F. "Director of Personnel" means the person designated by the County
Administrator to serve as the Assistant County Administrator-
Director of Personnel .
G. "Eligible" means any person whose name is on an employment or
reemployment or layoff list for a given class.
H. "Employee" means a person who .is an incumbent of a position or who
is on leave of absence in accordance with provisions of this
Memorandum of Understanding and whose position is held pending
his/her return.
I. "Employment List" means a list of persons, who have been found
qualified for employment in a specific class.
J. "Layoff List" meant a list of persons who have occupied positions
allocated to a class in the Merit System and who have been
involuntarily separat-1 by layoff or displacement or have
voluntarily demoted in lieu of layoff.
K. "Permanent Intermittent Position" means any position which requires
the services of an incumbent for an indefinite period but on an
intermittent basis, as needed, paid on an hourly basis.
L. "Permanent Part-Time Position" means any position which will
require the services of an incumbent for an indefinite period but
on a regularly schedu'ad less than full-time basis.
M. "Permanent Position means any position which has required, or
which will require the services of an incumbent without
interruption, for an indefinite period.
N. "Project Employee" means an employee who is engaged in a time
limited program or service by reason of limited or restricted
funding. Such positions are typically funded from outside sources
but may be funded from County revenue.
0. "Promotion" means 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 Memorandum of Understanding, in the
Personnel Management Regulations, or in specific resolutions
governing deep classes.
P. "Position" means the assigned duties and responsibilities calling
for the regular full-time, part-time or intermittent employment of
a person.
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Q. "Reallocation" means 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 (5) percent of the top step, except as otherwise
provided for in the Personnel Management Regulations, deep class
resolutions or other ordinances.
R. "Reclassification" means the act of changing the allocation of a
position by raising it to a higher class or reducing it to a lower .
class on the basis of significant changes in the kind, difficulty
or responsibility of duties performed in such position.
S. "Reemployment List" means 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.
T. "Resignation" means the voluntary termination of permanent service
with the County fr-m a position in the merit system.
U. "Temporary Employment" means any employment in the merit system
which will require the services of , an incumbent for a limited
period of time, paid on an .hourly basis, not in an allocated
position or in permanent status.
V. "Transfer" means the change of an employee who has permanent status
in a position to another position in the same class 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 (5) percent at cop Ftep as the class previously occupied by
the employee.
Section 1 - Recognition
1..1 Union Recognition. The Union is the formally recognized employee org-
anization for the representation units listed below, and such organization has
been certified as such pursuant to Chapter 34-12 of Board Resolution No.
81/1165.
A. Community Aide Unit
B. Social Services Unit
Section 2 - Union Security \
2.1 Dues Deduction. Pursuant to Board Resolution No. 81/1165, only a
majority representative may have dues deduction and as such the Union has the
.exclusive privilege of dues deduction for all members in its units.
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2.2 Agency Shop.
A. The Union agrees that it has a duty to provide fair and non-
discriminatory representation to all employees in all classes in
the units for which this section is applicable regardless of
whether they are members of the Union.
B. All employees employed in the Social Services Unit on or after the
effective date of this Memorandum of Understanding shall , effective
as provided in Subsection H and continuing until the termination of
the Memorandum of Understanding, either:
1. become and remain a member of the Union or;
2. pay to the Union, an agency shop fee in an amount equal to
the standard in-Itiation fee, monthly dues, and general
assessments of such organization for the duration of the
agreement; or
3. do both of the following:
a. Execute a written declaration that the employee
is a member- of a bonafide 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 Subsection B (2) to a non-religious, non-labor
charitable fund chosen by the employee from the
following charities: Family and Children's Trust
Fund, Child Abuse Prevention Council and Battered
Women's Alterratives.
C. The provisions of Subsection- B- shall not apply during periods that
an employee is separated from the representation unit but shall be
reinstated commencing with the second full pay period following .the
return of the employee to the representation unit. The term
separation includes transfer out of the unit, layoff and leave of
absence witha duration of more than thirty (30) days.
D. Annually the Union shall provide the Director of Personnel with
copies of the financial report required pursuant to the Labor
Management Disclosure Act of 1959. Such report shall be available
to employees in the unit. Failure to file such a report within
sixty (60) days after the end of its fiscal year shall result in
the termination of all agency shop fee deductions without jeopardy .
to any employee, until said report is filed.
E. Current Employees and New Employees.
1. Prior to but not later than August 1, 1984 all employees
in classifications in the Social Services Unit who are not
currently members of the Union will be mailed the
following:
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a. Employee organization dues deduction
authorization card;
b. Authorization card for service fee in lieu of
dues; and
c. Charitable Fund authorization card for charitable
contributions in lieu of dues.
The employee shall have thirty (30) calendar days from the
mailing of the authorization cards, to fully execute the
authorization card of his/her choice and return said card
to the County Personnel Department.
2. An employee hired into a job classification in the Social
Services Unit on or after August 2, 1984 shall b.e provided
through the County Personnel Department with the
authorization cards listed in subparagraph 1 above. Said
employee shall have thirty (30) calendar days to fully
execute the authorization card of his/her choice and
return said card to the County Personnel Department.
3. If cards are not returned within thirty (30) calendar
days, or if th- Union reports that an age�icy shop fee in
lieu of the initiation fee or a general assessment has not
been paid, the emp'_-,,ee will be subject to dismissal . The
Director of Personnel shall commence dismissal proceedings
by giving a Skelly Notice pursuant to the procedures set
forth in this Memorandum of Understanding. An employee
served with -a Skelly Notice shall have until the return
date shown in the Skelly Notice to either file the
authorization card, pay the initiatio-i fee or general
assessment or otherwise show why he/she should not be
dismissed. Any back pay and costs incurred by the County
and its staff delandirq appeals from dismissal shall be
reimbursed by the Union.
F. The Union shall idemnify, 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.
G. The authorization of payroll deductions described in Subsection E
shall require the employee to agree to hold the County harmless
from all claims, demands, suits or other forms of liability that
may arise against the County for or on account of any deduction
made from the wages of such employee.
H. 1. Section 2.2 shall take effect on August 1, 1984 provided
that as of July 1, 1984 a majority of all employees in the
Social Services Unit have authorized dues deduction, or
one calendar month next after the certification of a
secret ballot election, in which a majority of those
eligible to vote do vote to implement an agency shop fee.
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2. An election to implement the provisions of this section
shall not prohibit or restrict an election to rescind this
section as provided for by Section 3502.5 of the
Government Code.
3. All employees holding probationary or regular status in
classifications included in the Social Services Unit, on a
date thirty (30) days prior to the holding of the
election, shall be eligible to vote in such election. The
ballot shall be in the following form:
a. I vote in favor of the agency shop fee.
b. I vote against agency shop fee.
I. Non-severablity. The provisions of this section are non-severable;
if any of the provisions of this section is declared to be
unconstitutional or legally void or unenforceable, the entire
section shall become inoperative. Upon request of the Union, the
County shall meet and confer to replace such struck provision(s) .
J. The County Personnel Office shall furnish a co,�Iplete and full list
of all employees represented by the Union as soon as feasible after
the execution of the -pw Memorandum of Understanding and shall
furnish a monthly list of all new hires to the Union thereafter.
2.3 Maintenance of Membership. All employees in the Community Aide Unit
who are currently paying dues to the Union and all employees in such unit who
hereafter become members of the Union shall as a condition of continued
employment pay dues to the Union for the duration of this Memorandum of
Understanding and each year thereafter so long as the Union continues to
represent the classification to which the employee is assigned, unless the
employee has exercised the ;ption to cease paying dues in accordance with
Section 2.5.
2.4 Employees hired into classifications assigned to the Community Aide
Unit shall., as a condition of employment at the time of employment, complete a
Union dues authorization card provided by the Union and shall have deducted from
their paychecks the membership dues of the Union. Said employees shall have
thirty (30) days from the date of hire to decide if they do not want to become a
member of the Union. Such decision not to become a member of the Union must be.
made in writing to the Auditor-Controller with a copy to the Employee Relations
Division within said thirty (30) day period. If an employee decides not to
become a member of the Union, any Union dues previously deducted from the
employee's paycheck shall be returned to the employee and said amount shall be
deducted from the next dues deduction check sent to the Union. If an employee
does not notify the County in writing of the decision not to become a member
within the thirty (30) day period, he/she shall be deemed to have voluntarily
agreed to pay the dues of the Union.
Each such dues authorization form referenced above shall include a statement
that the Union and the County have entered into a Memorandum of Understanding,
that the employee is required to authorize payroll deductions of Union dues as a
condition of employment, and that such authorization may be revoked within the
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first thirty (30) days of employment upon proper written notice by the employee
within said thirty (30) day period as set forth above. Each such employee
shall , upon completion of the authorization form, receive a copy of said
authorization form which shall be deemed proper notice of his or her right to
revoke said authorization.
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's
Department in writing; between April 2, 1985 and May 2, 1985, any employee
assigned to a classification in the Community Aide Unit may withdraw from Union
membership and discontinue paying dues as of the payroll period commencing April
1, 1985, discontinuance of dues payments to then be reflected in the May 10th
paycheck. Immediately upon the ,close of the above mentioned thirty (30) day
period the Auditor-Controller shall submit to the Union a list of the employees
who have rescinded their authorization for dues deduction.
2.6 Communicating With Employees. The Union shall be allowed to use
designated portions of bulletin boards or display areas in public portions of
County buildings or in public portions of offices in which there are employees
represented by the Union, provided the communications displayed have to do with
matters within the scope of representation and further provided that the
employee organization appropriately posts and removes the information. The
department head reserves the right to remove objectionable materials after
notification and discussion with the Union.
Representatives of the Union, not on County time, shall be permitted to place a
supply of employee literature at specific locations in County buildings if
arranged through the Department Head or designated representative; said
representatives may distribute employee organizatinn 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 placerient and/or distribution shall not be performed by
on duty employees.
The Union shall be allowed access to work locations in which it represents
employees for the following purposes:
A. to post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated
above;
D. to represent an employee on a grievance, and/or to contact a union
officer on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each
such instance advance arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the departmental
representative in charge of the work area, and the visit will not interfere with
County services.
2.7 Use of County Buildings. The Union shall be. allowed the use of areas
normally used for meeting purposes for meetings of County employees during non-
work hours when:
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A. Such space is available and its use by the Union is scheduled
twenty-four (24) hours in advance;
B. there is no additional cost to the County;
C. it does not interfere with normal County operations;
D. employees in attendance are not on duty and are not scheduled for
duty;
E. the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and
maintain scheduling of such uses. The Union shall maintain proper order at the
meeting, and see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly
prohibited, even though it may be present in the meeting area.
2.8 Advance Notice. The Union shall , except in cases of emergency, have
the right to reasonable notice of any ordinance, rule, resolution or regulation
directly relating to matters within the scope of representation proposed to be
adopted by the Board, or bnards and commissions desigoated by the Board, and to
meet with the body considering the matter.
The listing of an item on a public agenda in a reasonably descriptive way, or
the mailing of a copy of a proposal at least seventy-two (72) hours before the
item will be heard, or the delivery of a copy of the proposal at least twenty-
four (24) hours before the item will be heard, shall constitute notice.
In cases of emergency when the Board, or boards a-id commissions designated by
the Board determines it must act immediately without such notice or meeting, it
shall give notice and opportunity to meet as soon as practical after its action.
2.9 Written Statement for New Employees. The County will provide a written
statement to each new employee- hired into a classification which is in the
Social Service Unit or Community Aide Unit that their classification is
represented by Local 535 and the name of a representative of Local 535.
Section 3 - No Discrimination
There shall be no discrimination because of race, creed, color, national origin,
political opinion, sex, sexual orientation, or Union activities against any
employee or applicant for employment by the County or by anyone employed by the
County; and to the extent prohibited by applicable State and Federal law there
shall be no discrimination because of age or physical handicap.
Section 4 - Shop Stewards and Official Representatives
4.1 Attendance at Meetings. Employees designated as shop stewards or
official representatives of the Union 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;
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B. If their attendance is sought by a hearing body for presentation of
testimony or for other reasons;
C. If their attendance is required for meetings required for
settlement of grievances filed pursuant to Section 23 (Grievance
Procedure) 'of this Memorandum;
D. If they are designated . as a shop steward, in which case they may
utilize a reasonable time at each level of the proceedings to
assist an employee to present a grievance;
E. If they are designated as spokesperson or representative of the
Union and as such make representations or presentations at meetings
or hearings on wages, salaries and working conditions; provided in
each case advance arrangements for time away from the employee's
work station or assignment are made with the appropriate Department
Head or designee, and the County agency calling the meeting is
responsible for determining that the attendance of the particular
employee(s) is required.
4.2 Union Representative. Except in the Social Services Department
official representatives of the Union shall be allowed time off on County time
for meetings during regula- working hours when formally meeting and conferring
in good faith or consulting with the Employee Relations Officer or other
management representatives o:. matters within the scope of representation,
provided that the number of such representatives shall not exceed two (2)
without prior approval of the Employee Relations Officer, and that advance
arrangements for the time away from the work station or assignment are made with
the appropriate Department Head or designee.
4.3 In the Social Service, Department, the Union shall designate five (5)
representatives who shall be allowed time off on County time with corresponding
reduction in work assignments, up to sixteen (16) hours per week per
representative, for meetings .luring regular working hours when formally meeting
and conferring in good faith or consulting with the Employee Relations Officer
or other management representatives on matters within the scope of
representation or for the reasons as provided in 4.1-A through E above. In each
case, advance arrangements for time away from the employee's work assignment
shall be made with the Department Head or designee. Such representatives from
other departments shall be allowed time off as provided in Section 4.2 and the
representatives designated in this Section shall not in the aggregate exceed
five (5) employees.
'4.4 The Union may designate stewards in the Social Service Department who
may be allowed to attend meetings held on County time for the purposes provided
in 4.1-D above. In each case, advance arrangements for time away from the
employee's work assignment shall be made with the Department Head or designee.
The number of stewards for the following offices shall be:
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Muir Road 2
Marina West 2
3431 MacDonald 1
E1 Sobrante 1
Rodeo 1
Stanwell 1
Antioch 1
Pittsburg 1
CMSE 1
If during the term of this Memorandum of Understanding the Pittsburg and Antioch
Offices are combined; the Union may designate two (2) stewards from that office.
4.5 The. Union shall notify in writing the Department Head or designee of
those persons designated as official representatives and as stewards and of any
changes of such designations when made.
Section 5 - Salaries
5.1 Effective August 1 1984, each represented classification shall receive
a five percent (5%) general wage adjustment. Female dominated classifications
identified in Attachment B w:--*^h is attached hereto and made a part hereof,
shall receive in addition, a three percent .(3q) comparable worth adjustment.
The total wage adjustment 'shall not exceed 77 levels on the County Salary
Schedule.
5.2 If during the term of this Memorandum of Understanding the Board of
Supervisors determines that monies are available for an additional wage
increase, the County will meet with the Union to discuss an additional wage
increase which would be effective on or after January 1, 1985.
5.3 Comparable Worth Task Force. The County agrees to establish a task
force on Comparable Worth by- Jul.y-l-; 1984. The task force shall consist of one
representative and one alternate from each organization that chooses prior to
July 1, 1984 to have representation on the task force and no more than an equal
number of management employees. The task force shall :
A. Review and monitor all legislation relating to comparable worth and
advise the County on an ongoing basis of the impact of such
legislation.
B. Review and monitor all decisions by Courts of Record regarding
comparable worth and advise the County on the impact of such
decisions.
C. Research and recommend to the, County sources of revenue which can
be utilized to fund comparable worth adjustments.
D. Analyze the County salary plan and recommend to the County which
benchmark classifications should be included in addressing
comparable worth in the meet and confer process.
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The task force shall provide bi-monthly reports to the Director of Personnel and
make a final recommendation no later than March 15, 1985.
5.4 Entrance Salary. New employees shall generally be appointed at the
minimum step of the salary range established for the particular class of
position to which the appointment is made.
However, the appointing authority may fill a particular position at a step above
the minimum of the range.
5.5 Anniversary Dates. Except as may otherwise be provided for in deep
class resolutions, anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first
day of the calendar month after the calendar month when the
employee successfully completes six (6) months service provided,
however, if an employee began work on the first regularly scheduled
workday of the month the anniversary date is, the first day of the
calendar month when the employee successfully competes six months
service.
B. Promotions. The an,,—.ersary date of a promoted employee is
determined as for a new employee in Subsection 5.5-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
(5) percent of the top step of the previous classification, remains
unchanged.
D. Reemployments. The anniversary of an employee appointed from a
reemployment list to the 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 County's merit system at a rate above the minimum
salary for the employee's new class, or who is transferred from
another governmental entity to this County's merit system, is one
(1) year from the first year of the calendar month after the
calendar month when the employee was appointed or transferred;
provided, however, when the appointment or transfer is effective on
the employee's first regularly scheduled work day of that month,
his anniversary is one (1) year after the first calendar day of
that month.
5.6 Increments Within Range. The performance of each employee, except
11
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those employees already at the maximum salary step of the appropriate salary
range, shall be reviewed on the anniversary date as set forth in Section 5.5 to
determine whether the salary of the employee shall be advanced to the next
higher step in the salary range. Advancement shall be granted on the
affirmative recommendation of the appointing authority, based on satisfactory
performance by the employee. The appointing authority may recommend denial of
the increment or denial subject to one additional review at some specified date
before the next anniversary which must be set at the time submitted by the
Appointing Authority.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than .one (1) step within-range
increment be granted at one time, except as otherwise provided in deep-class
resolutions. In case an appointing authority recommends denial of the within
range increment on some particular anniversary date, but recommends a special
salary review at some date before the next anniversary date, 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 adminis-
trative or clerical error a:,5 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 shat' be made retroactive to the first of the month
when eligible.
5.7 Part-Time Compensation. A part-time employee shall be paid a monthly
salary in the same ratio to the full-time monthly rate to which the employee
would be entitled as a full-time employee under the provisions of this Section 5
as the number of hours per week in the employee's part-time work schedule bears
to the number of hours in the full-time work schedule of the department.
5.8 Compensation for Porion nf Month. " Any employee who works less than
any full calendar month, except when on earned vacation or authorized sick
leave, shall receive as compensation for services an amount which is in the same
ratio to the established monthly rate as the number of days worked is to the
actual working days in such employee's normal work schedule for the particular
month; but if the employment is intermittent, compensation shall be on an hourly
basis.
5.9 Position Reclassification. An employee who is an incumbent of a
position which is reclassified to a class which is allocated to the same range
of the basic salary schedule as is the class of the position before it was
reclassified, shall be paid at the same step of the range as the employee
received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated
to a lower range of the basic salary schedule shall continue to receive the same
salary as before the reclassification, but if such salary is greater than the
maximum of the range of the class to which the position has been reclassified,
the salary of the incumbent shall be reduced to the maximum salary for the new
classification. The salary of an incumbent of a position which is reclassified
to a class which is allocated to' a range of the basic salary schedule greater
than the range of the class of the position before it was reclassified shall be
governed by the provisions of Section 5.11 - Salary on Promotion.
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5.10 Salary Reallocation and 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 5.10 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 stl-^,, in the new range do not contain the same
rates as the old range, each incumbent shall be placed at the step
of the new range which is next above the salary rate received in
the old range, or if the new range does not contain a higher step,
at the step which is next lower than the salary received in the old
range.
C. In the event an employee is in a position which is reallocated to a
different class which is allocated to a salary range the same as
above or below the sFlary range of the employee's previous class,
the incumbent shall be placed at the step in the new class which
equals the rate of pay- received before reallocation. In the event
that the steps in the range for the new class do not contain the
same rates as the range for the old class, the incumbent shall be
placed at the step of the new range which is next above the salary
rate received in the old range; or if the new range does not
contain a higher step, the incumbent shall be placed at the step
which is next lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the
deep class resolution and incumbent salary allocations, if any,
shall supercede Section 5.10.
5.11 Salary on Promotion. Any employee who is appointed to a position of a
class allocated to a higher salary range than the class previously occupied,
except as provided under Section 5.15, shall receive the salary in the new
salary range which is next higher than the rate received before promotion. In
the event this increase is less than five (5) percent, the employee's salary
shall be adjusted to the step in the new range which is at least five (5)
percent greater than the next higher step; provided, however, . that the next step
shall not exceed the maximum salary for the higher class.
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5.12 Salary on Appointment From a Layoff List. In the event of ,the
appointment of a laid off employee from the layoff list to the class from which
the employee was laid off, the employee shall be appointed at the step which the
employee had formerly attained in the higher class unless such step results in
an increase of less than five (5) percent, in which case the salary shall be
adjusted to the step in the new range which is five (5) percent greater than the
next higher step, if the new range permits such adjustment.
5.13 Salary on Involuntary Demotion. Any employee who is demoted, except `
as provided under Section 5. 4, shall have his salary reduced to the monthly
salary step in the range for the class of position to which he has been demoted
next lower than the salary received before demotion. In the event this decrease
is less than five (5) percent, the employee's salary shall be adjusted to the
step in the new range which is five (5) percent less than the next lower step;
provided, however, that the next step shall not be less than the minimum salary
for the lower class. Whenever the demotion is the result of layoff,
cancellation of positions or displacement by another employee with greater
seniority rights, the salary of the demoted employee shall be that step on the
salary range which he would have achieved had he been continuously. in the
position to which he has been demoted, all within-Targe increments having been
granted.
5.14 Salary on Voluntary Demotion. Whenever any employee voluntarily
demotes to a position in a class having a salary schedule lower than that of the
class from which he or she demotes, unless the Board provides otherwise by
resolution, his or her salary shall remain the same if the steps in his or her
new (demoted) salary range permit, and if not, new salary shall be set at the
step next below former salary.
5.15 Transfer. An employee who is transferred from one position to another
as described under "Transfer" shall be placed at, the step in the salary range of
the new class which equals the rate of pay received before the transfer. In the
event that the steps in the range- for the new class do not contain the same
rates as the range for the old class, the employee shall be placed at the step
of the new range which is next above the salary rate received in the old range;
or if the new range does not contain a higher step, the employee shall be placed
at the step which is next lower than the salary received in the old range.
Whenever a permanent employee transfers to or from a deep class, as provided in
the appropriate deep class resolution, the salary of the employee shall be set
as provided in the deep class resolution at a step not to exceed a five (5)
percent increase in the ,employee's base salary. However, if the deep class
transfer occurs to or from a deep class with specified levels identified for
certain positions and their incumbents, the employee's salary in the new class
shall be set in accordance with the section on "Salary on Promotion" if the
employee is transferring to another class or to a level in a deep class for
which the salary is at least five (5) percent above the top base step of the
deep class level or class in which they have status currently.
5.16 Pay for Work in Higher Classification. When an employee in a
permanent position in the merit system is required to work in a classification
for which the compensation is greater than that to which the employee is
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regularly assigned, the employee shall receive compensation for such work at the
rate of pay established for the higher classification pursuant to Subsection
5.11 - Salary on Promotion of this Memorandum, commencing on the eighteenth
18th work day of the assignment, under the following conditions:
1. The employee is assigned to a program service, or activity
established by the Board of Supervisors which is reflected i,n an
authorized position which has •been classified and assigned to the
Salary Schedule.
2. 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.
3. Employees selected for the assignment will normally be expected to
meet the minimum qualifications for the higher classification.
4. Pay for work in a higher classification shall not be utilized as a
substitute for regular promotional procedures provided in' this
Memorandum.
5. The appropriate authu, ;zation form has been submitted by the
Department Head at least fifteen (15) days prior to the expiration
of the seventeen (17) day waiting period and approved by the County
Administrator.
6. Higher pay assignments shall not exceed six (6). months except
through reauthorization.
7. If approval is granted for pay for work in a higher classification
and the assignment is terminated and later reapproved for the same
employee within thirty (30) days, no additional waiting period will
be required.
8. Any incentives (e.g. , the education incentive) and special
differentials (e.g. , bilingual differential and hazardous duty
differential) accruing to the employee in his/her permanent
position shall continue.
9. 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.
10. Allowable overtime pay, shift differential and/or work location
differentials will be paid on the basis of the rate of pay for the
higher class.
5.17 Payment. On the tenth (10th) day of each month, the Auditor will draw
a warrant upon the Treasurer in favor of each employee for the amount of salary
due the employee for the preceding month; provided, however, that each employee
(except those paid on an hourly rate) may choose to receive an advance on the
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employee's monthly salary, in which case the Auditor shall , on the twenty-fifth
(25th) day of each month, draw his warrant. upon the Treasurer in 'favor of such
employee.
The advance shall be in an amount equal to one-third (1/3) or less, at the
employee's option, of the employee's basic salary of the previous month except
that it shall not exceed the amount of the previous month's basic salary less
all requested or required deductions.
The election to receive an advance shall be made on or before April 30 or
October 31 of each year or during the first month of employment by filing on
forms prepared by the Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.17, 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.
5.18 Pay Warrant Errors. If an employee receives a pay warrant which has an
error in the amount of compensQLion to be received and if this error occurred as
a result of a mistake by the Auditor-Controller's Department, it is the policy
of the Auditor-Controller's Department that the error will be corrected and a
new- warrant issued within 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
overpayments or underpayments to �_n employee shall be made retroactively except
, for the six-month period immediately preceding discovery of the pay error. This
provision shall apply regardless of whether the error was made by the employee,
the Appointing Authority or designee, the Director of Personnel or designee, or
the Auditor-Controller or designee. Recovery of fraudulently accrued over or
underpayments are excluded from this section for both parties.
When the County notifies an employee of an overpayment and a proposed repayment
schedule, the employee may accept the proposed repayment schedule or may request
a meeting through the County Personnel Department. If requested, a .meeting
shall be held to determine a repayment schedule which shall be 'no longer than
one and one-half times (1-1/2) the length of time the overpayment occurred.
R
Section 6 - Days and Hours of Work
6.1 The normal work week of County employees is forty '(40) hours between
12:01 a.m. Monday to 12:00 midnight Sunday, usually five (5) eight (8) hour
days; however, where operational requirements of a department require deviations
from the usual pattern of five (5) eight (8) hour days per work week, an
employee's work hours may be scheduled to meet these requirements, but his -
working time shall not exceed an average of forty (40) hours per seven (7) day
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period throughout an operational cycle, and the Department Head shall prepare
written schedules in advance to support all deviations, the schedules to
encompass the complete operational cycle contemplated.
6.2 9/80 Work Schedule Pilot Study. In order to determine what affect an
optional work week program will have on both the employee's and the Department's
needs, the Social Service Department is willing to agree to a pilot study for a
twelve (12) month period commencing July 1, 1984 to be reviewed every three (3)
months by the workload committee (as defined in Section 36) .
Participation in and implementation of the pilot study shall be determined
through meet and confer after a department wide survey identifying who wishes to
participate.
Goals shall be established which shall include but not be limited to sick leave
usage reduction and productivity increase.
The department may discontinue with thirty (30) day notice the pilot program at
any time it feels the pilot program is not working. All of the following
criteria shall be included in the pilot study:
1. All supervisors and urit workers shall voluntEer.
2. All employees must be scheduled between the hours of 8:00 a.m. and
6:00 p.m.
3. All supervisory, clerical , and programatic workers shall be full
time employees.
4. In the event coverage within a location becomes temporarily reduced
as a result of scheduling revisions or absenteeism, employees will
be expected to assure that the necessary funtions are performed,
particularly the answering of telephones and handling public
contacts.
5. Participants' schedules shall be adjusted such that one (1) day in
every ten (10) normal work- days- will be off and eight (8) working
days shall consist of a nine (9) hour work day and one (1) day
shall consist of an eight (8) hour day. Schedules shall be at the
discretion of the appointing authority or designee.
6. No more than two unit members shall have the same tenth (10th)
workday off.
6.3 Staggered Work Schedule. The Social Service Department shall continue
to operate a staggered work schedule plan. Office hours shall remain open to
the public from 8:00 a.m. to 5:00 p.m.,JMonday through Friday. Permanent full-
time employees shall have the option to select, subject to prior approval of the
department, an eight (8) hour day, forty (40) hour workweek schedule consisting
of work hours which may be other than the normal 8:00 a.m. to 5:00 p.m. or 4:30
p.m. work schedule. The following shall serve as the basic criteria for the
staggered shift:
A. All employees must be present at their office or otherwise engaged
in the duties of their position during the core hours of 10:00 a.m.
and 3:30 p.m.
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B. Work schedules must remain within the hours of 7:00 a.m. and 7:00
p.m.
C. The selected staggered work schedule shall consist of the same hours
of work each day except for when a schedule including one varying
eight hour workday is necessary to provide "officer of the day"
coverage or for other specific circumstances in which the department
determines that such a varying schedule is appropriate. The
decision of the Department Head or designee shall be final .
D. Lunch periods of one (1) or one half (1/2) hour shall be scheduled.
In the event that the employee desires to change the scheduled lunch
hour from one (1) hour to one half (1/2) hour, or from one half
(1/2) hour to one (1) hour, that change must be approved in advance
by, the Department Head or designee. Lunch periods shall be taken
within one (1) hour of the midpoint of the employee's scheduled
work-day.
E. Each work unit designated by placement under a single line
supervisor shall have at least one line worke,,- in the office during
the hours of 8:00 a.m. to 5:00 p.m. Each such unit shall also have
at least one additio—1 line worker in the office or otherwise
engaged in the duties of their positions during the hours of 8:00
a.m. and 4:30 p.m. There are two situations in which exceptions may
be made to these minimum coverage provisions. Units which are
placed under a single supervisor but which are split between two or
more buildings may be clustered with another unit of a like program
function in the immediate work areas of t4.e same building for the
purpose of maintaining minimum coverage during the time period
between 4:30 p.m. and 5:00 p.m. A unit of three or fewer workers
may be clustered with another unit of a like program function in the
immediate work area for purpose of maintaining minimum coverage,
provided that the total number of workers in the units so clustered
shall not exceed eight (8) .
F. Each employee's proposed staggered schedule must be submitted in
writing and approved by the Department Head or designee prior to
implementation.
G. Changes in staggered schedules shall be requested in writing and
must have the approval of the Department Head or designee prior to
implementation.
H. Conflicting requests for schedules shall be resolved by the
Department Head whose decision shall be final .
I. In the event coverage within a location becomes temporarily reduced
as a result of scheduling revisions or absenteeism, employees will
be expected to assure that the necessary functions are performed,
particularly the answering of telephones.
J. It is understood that an individual employee's schedule may be
changed due to the needs of the department.
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K. In the event this staggered scheduling provision is found by the
department to be inconsistent with the needs of the department, the
department shall so advise representatives of Local 535 and the
County and the Union shall meet and confer in an attempt to resolve
the inconsistency.
The Public Health Division of the Health Services Agency shall institute, within
clinic and caseload requirements, a staggered hours work schedule plan in which
permanent full-time Social Workers and Eligibility Workdrs shall have the option
to request,, subject to prior approval of the Department Head or designee, an
eight (8) hour day, forty (40) hour work week schedule consisting of work hours
which may be other than the normal 8:00 a.m. to 5:00 p.m. , Monday through
Friday. The following , shall serve as the basic criteria for departmental
approval :
A. All employees must be present at their office or otherwise engaged
in the duties of their position during the core hours of 9:00 a.m.
to 4:00 p.m.
B. Work schedules must remain within the hours of 7:30 a.m. and 5:30
p.m. except for specific assignments which may require work beyond
those hours.
C. The selected staggered work schedule shall consist of the same
eight hour work days as is necessary to provide coverage during the
hours of 8:00 a.m. to 5:00 p.m. The decision of the Department
Head or designee shall be final .
D. Lunch periods of one (1) or one-half (1/2) hour shall be scheduled
subject to the approval of the Department Head or designee. In the
event that the Soci7l Worker or Eligibility Worker desires to
change the scheduled lunch hour from one (1) hour to one-half (1/2)
hour, or from one h°alf- (-1/2•)- h'our•-to one (1) hour, that change must
be approved in advance by the Department Head or designee.
E. Each proposed staggered schedule must be submitted in writing and
approved by the Department Head or designee prior to
implementation.
F. Changes in staggered schedules shall be requested in writing and
must have the approval of the Department Head or designee prior to
implementation.
G. Conflicting requests for schedules shall be resolved by the
Department Head or designee, and this decision shall be final .
H. In the event coverage within an area office becomes temporarily
reduced as a result of program changes, scheduling revisions,
absenteeism, or reductions in staffing, the department may adjust
Social Worker and Eligibility Worker schedules and/or duties to
assure that the necessary functions of the department are
performed.
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I . It is understood that an individual employee's schedule may be
changed due to the needs of the department. .
J. In the event this staggered scheduling provision is found by the
department to be inconsistent with the needs of the department, the
department shall so advise representatives of Local 535 and the
County and the Union shall meet and confer in an attempt to resolve
the inconsistency.
Section 7 - Overtime and Compensatory Time
7.1 Overtime. Overtime is any authorized work performed in excess of forty
(40) hours per week or eight (8) hours per day. All overtime shall be
compensated for at the rate of one and one-half (1-1/2) times the employee's
base rate of pay (not including shift and other speci.al differentials)..
Overtime for permanent employees is compensated in increments of one-half hour
by either pay or compensatory time off.
Employees entitled to overtime credit for holidays in positions which work
around the clock (such .as the County Hospital , Jails, Juvenile Hall and Boys'
Ranch) shall be provided a choice as to whether they shall be .paid at the
overtime rate or shall receive compensatory time off at the rate of one and one-
half (1-1/2) hours compensatory time off for each hour worked. Such
compensatory time off, and the accumulation thereof shall be in addition to the
total vacation accumulation permitted under the terms of this Memorandum of
Understan'din'g. The specific provision of this accumulation are set forth in
Section 12.5 of this Memorandum of Understanding'. RegLilar overtime"for twenty-
four (24) hour institutional employees may be accrued as compensatory time in
accordance with Section 7.3 of this Memorandum of Understanding.
7.2 9/80 Work Schedule Pilot Study Overtime. Overtime for 9/80 Work
Schedule Pilot Study employees- shall be, any authorized work exceeding their
normal 9/80 schedule, and shall be compensated at one and one-half, (1-1/2) times
the employee's basic hourly salary rate or by accumulation of compensatory time
at a rate of one and one-half (1-1/2) hours for each hour of overtime worked.
7.3 Compensatory Time.
A. Employees receiving overtime pay who wish to accrue compensatory
time off in lieu of overtime pay shall notify the department on the
approved form indicating their desire to accrue compensatory time
off at least seven (7) calendar days prior to July 1 of- each year.
Employees accruing compensatory time off and who wish to continue
to accrue compensatory time off in a subsequent fiscal year are not
required to notify the department.
An employee wishing to change the method of overtime compensation
(overtime pay to compensatory time off or compensatory time off to
overtime pay) during the fiscal year may do so by notifying the
department on the approved form with thirty (30) days notice of
20
such change. Only one, such change shall be allowed per fiscal
year.
B. The names of those employees electing to accrue compensatory time
off shall be placed on a list maintained by the department. At
time of appointment, newly appointed employees may elect'to accrue
compensatory time off in lieu of overtime pay by notifying the
department on the approved form.
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.
A permanent part-time employee shall accrue compensatory time off
at the rate of one (1) hour for each hour worked in excess of the
employee's regular work week for those hours which are not
authorized overtime.
D. Employees may not accrue a compensatory time off balance that
exceeds one hundred (100) hours. Once ons hundred (100) hour
balance has been aticained, authorized overtime hours worked will be
paid at the overtime rate. If the employee's balance falls below
one hundred (100) hours, the employee shall again accrue
compensatory time off for authorized overtime hours worked until
the employee's balance again reaches one hundred (100) hours.
E. Accrued compensatory time off shall be carried over for use in the
next fiscal year; however, as provided in D above, accrued
compensatory time off balances may not exceed one hundred (100)
hours.
F. The use of accrued compensatory time off shall be by mutual
agreement betwen the Department Head or his designee and the
employee. Compensatory time off shall not be taken when the
employee would be replaced by another employee who would be
eligible to receive, for time worked, either overtime payment or
compensatory time accruals as provided for in this Section. This
provision may be waived at the discretion of the Department Head or
his designee.
G. When an employee promotes, demotes or transfers from the
classification eligible for compensatory time off to another
classification eligible for compensatory time off within the same
department, the employee's accrued compensatory time off balance
will be carried forward with the employee.
H. Compensatory time accrual balances will be paid off when an
employee moves from one department to another through promotion,
demotion or transfer. Said payoff will be made in accordance with
the provisions and salary of the class from which the employee is
promoting, demoting or transferring as provided in I. below.
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o
I. Since employees accrue compensatory time off at the rate of one and
one-half (1-1/2) hours for each hour of authorized overtime worked;
accrued compensatory time balances shall be paid off at the
straight time rate (two-thirds (2/3) the overtime rate) for the
employee's current salary:
Whenever:
1. the employee changes status and is no longer eligible for
compensatory time off;
2. the employee promotes, demotes or transfers to another
department;
3. the employee separates from County service;
4, the employee retires;
5. the employee is granted a leave of absence.
J. Compensatory time off shall be accrued and taken in increments of
one-half (1/2) hour.
K. The Office of the County Auditor-Controller will establish
timekeeping procedures to administer this section.
7.4 Part-Time Differential . If an employee in the Social Services
Department, assigned to a permanent part-time position, is requested to work on
his/her scheduled day off after the scheduled office hours, .such employee shall
receive, in addition to their regular base rate of pay, a differential of one-
half (1/2) their regular base rate of pay.
Section 8 - Call Back Time
Any employee who is called back to duty shall be paid at the appropriate rate
for the actual time worked plus one (1) hour. Such employee called back shall
be paid a minimum of two (2) hours at the appropriate .rate for each- call back.
Section 9 - On-Call Duty
On call duty is any time other than time when the employee is actually on duty
during which an employee is not required to be on County premises but stand
ready to immediately report for duty and must arrange so that his superior can
reach him on ten (10) minutes notice or less. An employee assigned to on-call
time shall be paid one (1) hour of straight time credit for each four (4) hours
on such on-call time.
Those positions which are on-call shall_ be designated by the appointing
authority whose decision is final . Assignment to an on-call position shall be
in accordance with Section 37 Reassignment. .
Section 10 - Shift Differential
In the hours which qualify for shift differential , employees shall receive five
(5) percent above their base salary rate.
To .qualify for shift differential , an employee must have a regularly assigned
daily work schedule which requires :
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22
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A. Completion of more than one and one-half (1-1/2) hours over the
normal actual working time; or
B. At least four (4) hours of actual working time from 5:00 p.m.
through 9:00 a.m. inclusive.
However, employees who have been regularly working a shift
qualifying for shift differential immediately preceding the
commencement of a vacation, paid sick leave period, paid. disability
or other paid leave, will have shift differential included in
computing the pay for their leave. The paid leave of an employee
who is on a rotating shift schedule shall include the shift
differential that would have been received had the employee worked
the shift for which the employee was scheduled during such period.
Shift differential shall only be paid during paid sick leave and
paid disability as provided above for the first thirty (30)
calendar days of each absence.
Section 11 - Union Notification of Workforce Reduction
11.1 Workforce Reduction. In the event funding reductions or shortfalls in
funding occur in the Social Service Department, the Department, after notifying
the Union of its intent to implement this procedure, shall effect the following
actions as necessary to alleviate layoffs:
A. Identify the classification(s) in which reductions must occur due
to funding reductions or shortfalls.
B. Advise all employees in the identified classification(s) .
C. Accept •all voluntary leaves of. absence from employees in the
classification(s) being reduced.
D. Accept part-time requests from employees in the classification(s)
to be reduced to a minimum of twenty (20) hours per week; such
part-time requests shall be 'allowed only up to a maximum of one-
third (1/3) of the employees in the classification(s) identified
for reduction.
E. Accept all requests for lateral transfer and voluntary demotions
within the Department to classifications not being reduced, such
requests shall be honored on the basis of seniority only up to the
number of vacant authorized positions in classifications not being
reduced.
F. Offer employees in the classification(s) being reduced positions in
the same class which are designated as permanent intermittent.
Employees placed into such permanent intermittent status shall be
restored to their former status on the basis of seniority.
G. At such time as funding and authorization are available to increase
staffing in previously reduced programs, employees, who voluntarily
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demoted, voluntarily reduced their work hours, or accepted
permanent intermittent positions, due to workforce reduction, shall
be offered in order of seniority either increased hours or
reinstatement to a position i'n their former class; provided,
however, the Department shall not be obligated to offer an employee
,more than three positions in their former class. An employee may-
notify the Department of his/her desire not to be offered a
position in their former class for a period not to exceed ninety
(90) calendar days. Such notification shall constitute a response
to an .offer and may be exercised twice.
H. No actions taken by the Department shall beeffected which alter an
employee's seniority rights unless said employee acknowledges such
alteration in seniority rights and still requests the change in
status.
L. If a- layoff occurs after implementing the above provisions, the
provisions of Section 11.2 shall govern such layoff.
11.2 When it appears to the Department Head and/or Employee Relations
Officer that the Board of Supervisors may take action which will result in the
layoff of employees in a representation unit represented by the Union, the
Employee Relations Officer shall notify the Union of the possibility of such
layoffs and shall meet and confer with it regarding the implementation of the
action.
The County agrees to give employees ten (10) work days notice of layoff except
in cases of emergency.
11.3 At layoff, employees will be provided with a letter that explains when
their layoff list expires and the last date for contacting the County to request
an extension.
11.4 Salary on appointment from a layoff list shall be in accordance with
the provisions of. Section 5.12.
11.5 Severance Pay. For the term of this Agreement only, permanent
employees in classifications represented by Social Services Union, Local 535 in
the Social Services Unit and the. Community Aide Unit for whom work ceases to be
available as a result of a reduction in federal and state funding of Social
Welfare Programs, may elect to be paid severance pay at the time of separation
and such separation from County service was not discharged for cause,
resignation prior to the date work ceased to be available, transfer to any other
position in the County, or whose separation from County employment is directly
related to obtaining employment in any other Federal, State, County or Local
Agency without interruption of employment.
Employees eligible for electing severance pay shall receive severance pay in the
amount of eighteen hundred dollars ($1,800) at the time of their separat.ion .from
County service.
It is further understood that severance pay is not a part of the County Salary
Plan and by accepting severance pay an employee relinquishes all claims to-
24
employment with Contra Costa County and any and all preferential reemployment
rights and/or privileges with Contra Costa County and in particular waives the
benefits provided in Section 612 through Section 619 inclusive of the Personnel
Management Regulations of Contra Costa County.
Eligible employees electing the severance pay option will be required to
complete the following Severance Pay Separation Form:
"I have received and read a copy of the Memorandum of Understanding
between Contra Costa County and Social Services Union, Local 535 dated
such Memorandum of Understanding has been approved by
the Board of Supervisors of Contra Costa County.
I acknowledge that I have terminated my employment with Contra Costa
County effective and that such termination was legally
proper.
In consideration of and by acceptance of severance pay in the amount of
Eighteen Hundred Dollars ($1,800), I waive any and all preferential
reemployment rights and/or privileges with Contra Costa County and in
particular I waive the oenefits provided in Sections 612 through 619
inclusive of the Personnel Management Regulations of Contra Costa
County."
(Employee's Signature)
Section 12 - Holidays
12.1 The County will observe the following holidays:
A. New Year's Day
Martin Luther King's Day
Washington's Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
Such other days as the Board of Supervisors may by resolution
designate as holidays.
B. Each full-time employee shall accrue two (2) hours of personal
holiday credit per month. Such personal holiday time may be taken
in increments of one-half (1/2) hour, and` preference of personal
holidays shall be given to employees according to their seniority
in their department as reasonably as possible.
C. Permanent part-time employees shall receive personal holiday credit
in the same ratio to the personal holiday credit given full-time
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employees as the number of hours per week in the part-time
employee's schedule bears to the number of hours in the regular
full-time schedule.
D. Employees shall accrue their personal holiday credit during months.
they are in pay status provided however that no employee may accrue
more than thirty-two (32) hours of personal holiday credit. On
separation from County service, an employee shall be paid for any
unused personal holiday credits at the employee's then current pay
rate.
E. Employees in positions which work around the .clock shall continue
to celebrate Admission Day, Columbus Day and Lincoln's Day.
12.2 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.
12.3 If . any holiday listed in Section 12.1 (A) above falls on a Saturday,
it shall be observed on the preceding Friday. If any holiday listed in Section
12.1 (A) above falls on a Sunday; it-. shall- be observed on the following Monday.
12.4 9/80 work Schedule Pilot Study Holidays.
A. For all employees, if a work day fails on a scheduled holiday, they
shall receive overtime pay or equivalent compensatory time credit
(holiday credit) for working the holiday for the first eight (8)
hours worked; or if a holiday falls on the day off of an employee,
the employee shall be given straight time pay or equivalent
compensatory time credit for eight (8) hours.
B. Absence on Holiday. The maximum time charged to sick leave,
Vacation, or leave without pay on a holiday shall be one (1) hour.
12.5 Accrual of Holiday Time & Credit. Employees entitled to holiday
credit. shall be ermitted to elect between pay or compensatory time off in
recognition of holidays worked. The following procedures shall apply to this
selection•
A. Any person who is eligible and who elects to accrue holiday credit
?6
` v
must agree to do so for a full fiscal year (July 1 through June
30) , or the remainder therof.
B. Employees starting work after a list of those electing to accrue
holiday credit has been submitted to the Auditor and approved, will
be paid overtime unless they specifically request in writing within
seven (7) calendar days to be placed on the holiday credit accrual
list.
C. Holiday time shall be accrued at the rate specified above to a
maximum of eight (8) hours worked by the employee.
D. Accrued holiday credit ma not be accumulated in excess of two
hundred eighty-eight (288 working hours, exclusive of regular
vacation accruals. After 288 hours, holiday time shall be paid at
the rates specified above.
E. Accrued holiday credit may be taken off at times determined by
mutual agreement of the employee and the Department Head.
F. Accrued holiday credit shall be paid off only upon a change in
status .of the employ- such as separation, transfer to another
department or reassignment to a permanent-intermittent position.
Section 13 - Vacation Leave
13.1 Vacation Allowance. Employees in permanent positions are entitled to
vacation with pay. Accrual is based upon straight time hours of working time
per calendar month of service and begins on the date of appointment to a
permanent position. Increased accruals begin on the first of the month
following the month in which the employee qualifies. Accrual for portions of a
month shall be in minimum amounts of one (1) hour calculated on the same basis
as for partial month compensation- pursuant to Section 5.8 of this Memorandum of
Understanding.
Vacation may be taken in increments of one half (1/2) hour.
Vacation credits may not be taken during the first six (b) months of employment
(not, necessarily synonymous with probationary status) except where sick leave
has been exhausted; and none shall be allowed in excess of actual accrual at the
time vacation is taken.
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13.2 Vacation Accrual Rates.
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13 1j3 320
20 through 24 years 16 2/3 400
25 through 29 year 20 480
30 years and up 23 1/3 560
Employees in permanent part-time and permanent-intermittent positions shall
accrue vacation benefits on a pro-rata basis as provided in Section :36-1.006 of
Board Resolution #81/1165.
13.3 No employee who has been granted a leave without pay or unpaid
military leave shall accrue any vacation credit during the time of such leave,
nor shall an employee who is absent without pay accrue vacation credit during
the absence.
13.4 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the
employee's then current pay rate.
13.5 Vacation Preference. Preference of vacation shall be given to
employees 'according to their -seniority in their department as reasonably as
possible.
Section 14 - Sick Leave
14.1 The purpose of paid sick leave is to insure employees against loss of
pay -for temporary absences from work- due- to illness or injury. Sick leave may
be used only as authorized; it is not paid time off which employees may use for
personal activities.
14.2 Sick leave credits accrue aIC the rate of eight (8) working hours
credit for .each completed month of service. Employees who work a portion of a
month are entitled to a pro-rata share of the monthly sick leave credit computed
on the same basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one-
half (1/2) hour. Unused sick leave credits accumulate from year to year. When
an employee is separated, other than through retirement, accumulated sick leave
credits shall be cancelled, unless the separation results from layoff in which
case the accumulated credits shall be restored if the employee is reemployed in
a permanent position within the period of his layoff eligibility.
Upon retirement, an employee's accumulated sick leave shall be converted to
retirement time on the basis of one day of retirement service credit for each
day of accumulated sick leave credit.
28
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. An employee may us'e paid sick leave credits when the employee is
off work because of a temporary illness or injury.
B. 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 conditions listed
below. For the purposes of this Section 14 permanent disability
shall mean the employee suffers from a disabling physical injury or
illness and is thereby prevented from engaging in any County
occupation for which he/she is qualified by reason of education,
training or experience. Sick leave credits may be used under this
provision only when the following requirements are met:
1. an application for retirement due to disability has been
filed with the Retirement Board; and
2. satisfactory medical evidence of such disability is
received by the appointing authority within thirty (30)
daysof the start of use of sick leave for permanent
disability. The. ,,)pointing authority ma;;✓ review medical
evidence and order further examination as he/she deems
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
while under a physician's orders to remain secluded due to exposure
to a communicable di-sease.
D. Sick Leave Utilization for Pregnancy Disability. Female 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
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. The appointing authority
retains the right to medical review of all requests for
such leave.
. 2. If a female employee does not apply for sick leave and the
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appointing authority believes that the employee is not
able to properly perform her work or that her general
health is impaired due to disability caused or contributed
to by pregnancy, miscarriage, abortion, childbirth or
recovery therefrom, the employee shall be required to
undergo a physical examination by a physician selected by
the County the cost of such examination shall be borne 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. If all accrued sick leave has been utilized by the
employee the employee shall be considered on leave without
pay. 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 date of the employee's recovery from
such disability.
E. Medical and Dental Appointments. An employee may use paid sick
leave credits for medical and dental appointments as follows:
1. For working time used in keeping medical and dental
appointments for the employee's own care; and
2. For working time (not over thirty-two (32) hours in each
fiscal year) used by an employee for pre-scheduled medical
and dental appointments for an immediate family member
living in the employee' s home. Such use of sick leave
credits shall be accounted for by the department on a
fiscal year basis. Any balance of the thirty-two (32)
hours remaining at the end of the fiscal year shall not be
carried over to the next year; departments shall notify
the employee if the maximum allowance is reached.
Authorization to use sick leave for this purpose is
contingent on availability of accumulated sick leave
credits; it is not an additional allotment of sick leave
which employees may charge.
F. EmergencX Care of Fam-,-i�ly. An employee may use paid sick leave
credits up to three (3) days per incident, unless the Department
Head approves ,more) for working time used in cases of illness, or
injury to, an immediate family member living in the employee's
home, if there is a real need for someone to render care and no one
else is available therefore, and if alternative arrangements for
the ill or injured person are immediately undertaken.
G. Death of Family Member. An employee may. use said sick leave
credits for absence from work because of a death in the employee's
immediate family, but this shall not exceed three (3) working days
plus up to two (2) days of work time for necessary travel .
14,3 Administration of Sick Leave. Accumulated paid sick leave credits T
not be used in the following situations:
30
1. Vacation. For an employee's illness or injury while the employee
is on vacation except when extenuating circumstances exist and the
appointing authority approves.
2. Not in Pay Status. When the employee would otherwise be eligible
to use paid sick leave credits but is not in a pay status.
The proper administration of sick leave is a responsibility of the employee and
the Department Head. The following procedures apply:
A. Employees are responsible for notifying their department of an
absence as early as possible prior to the commencement of their
work shift or not later than thirty (30) minutes thereafter if
possible. Notification shall include the reason and possible
duration of the absence.
B. Employees are responsible for keeping their department informed of
their continuing condition and probable date of return to work.
C. Employees are respc-Icible for obtaining advance approval from their
appointing authority or designee for the schedule time of
prearranged personal o�, Family medical and dental appointments.
The use of sick leave may be denied if these procedures are not followed. Abuse
of the sick leave privilege on the part of the employee is course for
disciplinary action. To ascertain the propriety of claims against sick leave,
Department Heads may make such investigations as they deem necessary. - The
Department Head may use but is not limited to the following procedures:
1. Calling the employee, his/her family or attending physician if
there is one.
2. Obtaining the signature of- the employee on the Absence/Overtime
Record or on another form established for that purpose, as a
certification of the legitimacy of the claim.
3. Obtaining a written statement explaining the claim for use of
accumulated sick leave credits.
4. Obtaining a physician's certificate covering the absence(s)
indicating that the employee was incapacitated.
5. Writing a letter of inquiry about the employee's condition
enclosing a form to be filled out, signed and returned.
6. Obtaining a periodic statement of progress and medical
certification in absences of an extended nature.
Department Heads are responsible for establishing timekeeping procedures which
will insure the submission of a time card covering each employee absence and for
operating their respective offices in accordance with these provisions and with
clarifying regulations issued by the Office of the County Administrator.
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1^ .4 Disability.
A. An - employee physically or mentally incapacitated for the
performance of duty is subject to dismissal, suspension or
demotion, subject to the County Employees Retirement Law of 1937.
An appointing authority may place an employee on leave if the
appointing authority has filed an application for disability
retirement for the employee.
B. An appointing authority 'who has reasonable cause to believe that
there are physical or mental health conditions present in an
employee which endanger the health or safety of the employee, other
employees, or the public, or which impair the employee' s
performance of duty, may order the employee . to undergo at County
expense a physical , medical and/or psychiatric examination by a
licensed physician and receive a report of the findings on such
examination. If the examining physician recommends that treatment
for physical or mental health problems, including leave, are in the
best interests of the employee or the County in relation to the
employee overcoming any disability and/or performing his/her
duties, the appointing authority may direct the employee to take
such leave and/or undergo- such-treatment.
Leave due to temporary or permanent disability shall be without
prejudice to the employee's right to use sick leave, vacation, or
any other benefit to which the employee is entitled other than
regular salary. The Personnel Director may order lost pay restored
for good cause and subject to the employee's duty to mitigate
damages.
D. Before an employee returns to work from any absence for illness or
injury, other leave of absence or disability leave, exceeding two
weeks in duration, the appointing authority may order the employee
to undergo at County expense a physical , medical , and/or
psychiatric examination' by a licensed physician, and may consider a
report of the findings on such examination. If the report shows
that such employee is physically or mentally incapacitated for the
performance of duty, the appointing authority may take such action
as he/she deems necessary in accordance with appropriate provisions
of this Memorandum of Understanding.
14.5 Workers' Compensation.
A. Employees who leave work as a result of an on-the-job injury will
have the balance of that day charged to sick leave and/or vacation
accruals. This will be considered as the last day worked for
purposes of determining Workers' Compensation benefits.
B: Three (3) consecutive calendar days following the last day worked
constitutes a waiting period before Workers' Compensation starts.
The time the employee is scheduled to work during this waiting
period will be charged to the employee's sick leave and/or vacation
32
accruals. In order to ' qualify for Workers' Compensation the
employee must be under the care of a physician. Temporary
compensation is payable on the first three (3) days of disability
when the injury necessitates hospitalization, or when the
disability exceeds twenty-one (21) days.
A permanent employee shall continue to receive full regular salary
during any period of compensable temporary disability absence.
"Compensable temporary disability absence" for the purpose of this
Section, is any absence due to work connected disability which
qualifies for temporary disability compensation under Workers'
Compensation Law set forth in Division 4 of the California Labor
Code. When any disability becomes permanent, the salary provided
in this Section shall terminate. The employee shall return to the
County all temporary disability payments received from any County
funded wage replacement program. No charge shall be made against
sick ,leave o•r vacation for these salary payments. Sick leave and
vacation rights shall not accrue for those periods during which
salary payments are made.
The maximum period for the described salary continuation for any
one injury- or illness chall be one year from the date of temporary
disability.
C. Continuing pay begins at the same time that temporary Workers'
Compensation starts and continues until the temporary disability
ends, or until one (1) year has expired, whichever comes first.
All continuing pay under the Workers' Compensation Program will be
cleared through the County Personnel Office, Safety Division.
Whenever an employee who has been injured on the job and has
returned to work is required by an attending physician to leave
work for treatment during working hours the employee shall be
allowed time off up to three (3) hours for such treatment without
loss of pay or benefits. This provision applies only to injuries
that have been accepted by the County as a job connected injury.
D. Full Pay Beyond One Year. If an injured employee remains eligible
Tor temporary disability beyond one year, full salary will continue
by integrating sick leave and/or vacation accruals with Workers'
Compensation benefits. If salary integration . is no longer
available Workers' Compensation benefits will be paid directly to
the employee as prescribed by Workers' Compensation laws.
E. Rehabilitation Integration. An injured employee who is eligible
for Workers' Compensation Rehabilitation Temporary Disability
benefits and whose disability is medically permanent and stationary
will continue to receive full 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
he paid directly to the employee.
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F. Health Insurance. The County contribution to the employee's
group insurance plan(s) continues during the continuing pay
period and during integration of sick leave or vacation with
Workers ' Compensation benefits.
G. Method of Integration. An employee's sick leave and/or
vWacatio$nj charges shall be calculated as follows: C = 8 [1 -
W
1 -
"' O )®
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers ' Compensation for a month
S = Monthly salary
14.6 For the purposes of this Section 14 the immediate family shall be
restricted , to the spouse, son, stepson, daughter, stepdaughter, father,
stepfather, mother, stepmother, brother, sister, grandparent, grandchild,
father-in-law, mother-in-law, son-in-'law, daughter-in-law, brother-in-law, or
sister-in-law, of an employee.
14.7 On May 261 19811, the Board of Supervisors established a labor-
management committee to administer a rehabilitation program for disabled
employees. It is understood, that the benefits specified in this Section 14
shall be coordinated with the rehabilitation program as determined by the labor-
management committee.
14.8 No employee who has been granted a leave without pay or unpaid
military leave shall accrue any sick leave credits during the time of such
leave, nor shall an employee who is absent without pay accrue sick leave credits
during the absence.
14.9 . Integration of State Disbility Benefits with the County Sick Leave
Benefit Program._ Employees eligible for State Disability benefits and sick
leave benefits for any portion of- disability shall be required to make
application for both benefits- The State Disability benefits shall be returned
to the County to be credited to the employees sick leave `balance on the
following basis:
1. integration with State Disability is automatic and cannot be waived.
2: The amount credited to the employees sick leave balance shall be
converted to sick leave hours by dividing the amount received from
State Disability Insurance by the employee's straight-time hourly
rate, at the time of payment, as determined by the appropriate
salary schedule for the employee's class of employment.
3. If the employee is eligible for State Disability Insurance benefits,
application must be made and the benefits returned to the County for
sick leave credits so that the principle of integration is
completed.
4. In the event an employee is not eligible for sick leave credits from
the County, there will be no integration and the employee shall not
return State Disability Insurance benefits to the County.
34
5. In the event an employee receives sick leave benefits for a portion
of the disability period, State Disability benefits must be utilized
to restore only those sick leave hours used during the period of
disability.
6. Restoration of sick leave balances shall be rounded to the nearest
one-half (1/2) hour.
7. In no instance will an employee be allowed to "purchase" sick leave
not accrued.
8. The County will provide separate accounting for the "purchased" sick
leave to insure that State Disability Insurance benefits are not
taxable.
14.10 Disability Insurance Review Committee. The County shall establish a
Disability Insurance Review Committee consisting of one representative from each
employee organization and four management representatives to . review and
recommend to the Director of Personnel the feasibility of implementing a self-
funded and self-administered disability insurance program.
14-.11 Employee Annual HeE`h Examination. Employees of the County who work
in a Health Services Department facility will annually be required to complete a
Health Questionnaire and take a Tuberculosis Skin Test. A chest x-ray will be
required if the employee has previously had a positive reaction to a
tuberculosis skin test. However, employees will not be required to take x-ray
exams in excess of what is required by applicable Federal and State laws.
Employees will also be requested to be screened for Rubella immunity. If the
result of the Rubella test is negative, the appointing authority or designee
will recomend that the employee become immunized. If the employee has direct
patient contact and refuses to become immunized, said employee will be relocated
to an indirect patient contact- area.
Section 15 - Leave of Absence
15.1 Leave Without Pay. Any employee who has permanent status in ' the
classified service may be granted a leave of absence without pay upon written
request, approved by the appointing authority; provided, however, that leaves
for pregnancy shall be granted in accordance with applicable state and federal
law.
Requests for leave without pay shall be made upon forms prescribed by the
Director of Personnel 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 or disability;
2. pregnancy;
3. . to take a course of study such as will increase his
usefulness on return to his position;
35 _ 00 8'7
4. for other reasons or circumstances acceptable to the
appointing . authority.
A leave without pay may be for a period not to exceed one (1) year, provided the
appointing authority may extend such leave for additional periods. The
procedure in granting extensions shall be the same as that in granting the
original leave, provided that the request for extension must be made not later
than fifteen (15) calendar days before the expiration of the original leave
Whenever an employee who has been granted a leave without pay desires to return
before the expiration of such leave, the employee shall so request of the
appointing authority in writing at least fifteen (15) days in advance of the
return for approval by the appointing authority, provided however that less
notification may be approved at the discretion of the appointing - authority or
his/her designee. The Personnel department shall be notified promptly of such
return. Failure to submit timely written notice may result in the employee not
being permitted to return to work until the required notice period has elapsed.
Except with respect to leave due to pregnancy, illness or disability, the
decision of the appointing authority on granting or denying a leave of absence
shall be subject to appeal to the Personnel Director and not subject to appeal
through the grievance procedure= set forth in Section 23 of this Memorandum of
Understanding.
15.2 Military Leave. Any employee who has permanent status in the merit
system and who is required to serve as a member of the State Militia or the
United States- Army, Navy, Air Force, Marine Corps, Coast Guard or any division
thereof, shall be granted a military leave for the period of such service, plus
ninety (90) days. An employee who volunteers for such service shall be granted
a leave of absence, if necessary, in accordance with applicable state or federal
law. Upon the termination of, such service or upon honorable discharge, the
employee shall be entitled to return to his/her position in the classified
service provided such stili exists and the employee is otherwise qualified,
without any loss of standing of any kind whatsoever.
An employee who has been granted a milit-ary leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which
may be accured at the time of such leave, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation of employment. For
purposes of determining eligibility for salary adjustments or seniority in case
of layoff or promotional examination, time on military leave shall be considered
as time in County service.
Any employee who has been granted a military leave, may upon return, be required
to furnish such evidence of performance of military service - or of honorable
discharge as the Director of. Personnel may deem necessary.
15.3 Leave of Absence Replacement. In the Health Services Department, any
permanent employee in the merit system who requests reinstatement to the
classification held by the employee at the same time the employee was granted a
leave of absence, shall be reinstated. to a position in that classification and
then only on the basis of seniority.
36
In the Social Service Department an employee shall have the right to return to
the same class, building, and assignment (position control number) if the return
to work is within eighty-nine (89) consecutive days from the initial date the
employee started leave of absence. At such time the leave of absence is
approved by the Appointing Authority, the Social Service Department shall notify
the employee of the final date by which they shall return to be assigned to the
same position control number.
15.4 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.
15.5 Unauthorized Absence. An unauthorized absence from the work site or
failure to report for duty after a leave request has been disapproved, revoked,
or cancelled by the appointing authority, or at the expiration of a leave shall
be without pay. Such absence may also be grounds for disciplinary action.
15.6 Time Off to Vote. Employees represented by the Union who do not have
sufficient time outside of wor-RIng hours to vote at a statewide election, may,
without loss of pay, take off enough working time which will enable the employee
to vote.
No more than two (2) hours of the time taken off for voting shall be without
loss of pay. The time off for voting shall be only at the beginning or end of-
the regular working shift, whichever allows the most free time for voting and
the least time off from the regular working shift.
Any employee seeking time off to vete under the provisions of this Section, must
submit a written request, at least two (2) working days in advance, to his or
her immediate supervisor, stating" the following: name; job classification;
department; a statement "I am a registered voter"; geographic location and
address of the employee's polling place; amount of time off requested and
whether it is to be at the beginning or end of the employee's regular work day;
and a clear statement as to why the employee is unable to vote during' the
regular hours that the polls are open.
Section 16 - Jury Duty and Witness Duty
16.1 Jury Duty. If called for jury duty in a Municipal ,, Superior, or
Federal Court, or for a Coroner's jury, employees may remain in their regular
pay status, or they may take vacation leave or leave without pay and retain all
fees and expenses paid to them.
If an employee is called for jury duty and elects to remain in a regular pay
status and waive all fees (other than mileage allowances) received, the employee
shall obtain from the Clerk or Jury Commissioner a certificate which shall
indicate the days attended and the fact that fees other than mileage are waived.
The employee shall furnish the court certificate to his/her department, which
shall be retained as a department record. When serving jury duty in a federal
37 00 88
court, an employee shall return all fees (other than mileage allowance) received
to the County.
When an employee is called for jury duty and elects to retain all fees, the '
employee must take vacation leave or leave without pay. No court certificate is
required in this instance.
Employees shall advise their department as soon as possible if scheduled_ to
appear for jury duty.
Permanent intermittent employees are entitled paid jury duty leave only for
those days on which they were previously scheduled to work.
16.2 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 allowances) or they make take vacation
leave or leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters
(e.g., accident suits and family relations) shall take vacation leave or leave
without pay and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to
jury duty as set forth in Section 16 of this Memorandum of Understanding.
Employees shall advise their department as soon as possible if scheduled to
appear for witness duty. Permanent intermittent employees are entitled to paid
witness duty only for those days on which they were previously scheduled to
work.
Section 17 - Health and Welfare, Life and Dental Care
17.1 The County will continue the existing County Group Health. Plan program
of medical , dental and life insurance coverage through California Dental
Service, Safeguard, Aetna Life Insurance and the medical insurance options of
Kaiser-Permanente Foundation, Blue Cross of Northern California, the Contra
Costa County Health Plan, I.P.M. and H.E.A.L.S. Health Plan to all permanent
full-time and part-time employees regularly scheduled in positions designated to
work twenty (20) or more hours per week.
17.2 During the term of this Memorandum of Understanding, the County
intends to seek alternatives to the Blue Cross Medical Plan by requesting that
health care companies submit bids on the cost of furnishing identical or similar
benefits as are provided under the Blue .Cross Plan. The Union will be given an
opportunity to meet and confer on the coverage afforded under such substitute
plans before they are implemented.
The County will contribute up to the following monthly _amounts toward the
existing County Group Health Plan Program.
38
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Corresponding Medicare rates for employees covered under this Memorandum of
Understanding 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.
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 employe must. make up the
difference by remitting the amount delinquent to the Auditor-Controller. The
responsibility for this payment rests with the employee. If payment is not
made, the employee shall be dropped from the Health Plan. An employee is thus
covered by the Health Plan for the month in which compensation is paid.
An employee who is on approved leave of absence may convert to individual Health
Plan coverage within thirty (30) days of the commencement of leave.
An employee who terminates County employment who has earned compensation for
actual time worked or is credited for time worked through vacation or sick leave
accruals, is only covered through the month in which he/she is credited with
compensation. An employee who terminates County employment may convert to
i.nd1vidua.l Hea-lth Plan coverage..
Upon retirement, employees may remain in the same County group medical plan if
immedately before their retirement they are either active subscribers to the
County Health Plan or if on authorized leave of absence without pay they have
retained individual conversion membership from the County plan.
If a husband and wife both work for the County and one of them is laid off, the
remaining eligible shall be allowed to enroll or transfer into the health
coverage combination of his/her choice.
An eligible employee who is no longer covered for medical or, dental coverage
through a spouse's coverage shall be allowed to enroll or transfer into the
health coverage combination of his/her choice within thirty (30) days of the
date coverage is no longer afforded under the spouse's plan.
Section 18 — Probationary Period
18.1 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 (6) months to two (2) years duration. -
18.2 Listed below are those classes represented by the Union which have
probation periods in excess of six (6) months.
None
40
18.3 When the probationary period fore a class is changed, only new
appointees to positions in the classification shall be subject to the revised
probationary period.
18.4 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 unpaid 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.
18.5 Rejection During Probation. An employee who is rejected during the
probation period and restored to the eligible list shall begin a new
probationary period if subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of
this section, an employee (probationer) shall have the right to
appeal from any rejection during the probationary period based on
political or religious affiliations or opinions, Union activities,
or race, color, national origin, sex, age, handicap, or sexual
orientation.
B. The appeal must be written, must be signed by the employee and set
forth the grounds and facts by which it is claimed that' grounds for
appeal exist under Fabsection A and must be filed through the
Director of Personnel to the Merit Board by 5:00 p.m. on the
seventh (7th) calendar day after the date of delivery to the
employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable
cause to believe that the rejection may have been based on grounds
p.rohibited in Subsection A, it may refer the matter to a Nearing
Officer for hearing, recommended findings of fact, conclusions of
law and decision, pursuant to the relevant provisions of the Merit
Board rules in which proceedings the rejected probationer has the
burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall
deny the appeal . If, after hearing, the Merit Board upholds the
appeal , it shall direct that the appellant be reinstated in the
position and the appellant shall begin a new probationary period
unless the .Merit Board specifically reinstates the former period.
18.6 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 Personnel receive from the
41
r,, 00 90
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 Memorandum of Understanding, 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. 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 Memorandum of Understanding, an
employee rejected during the probation period from a position in the Merit
System to which the employee had been promoted or transferred from an eligible
list, shall be restored to a position in the department from which the employee
was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months
after being promoted or transferred from a position in the Merit System to a
position not included in the Merit System shall be restored to a position in the
classification in the department from which the employee was promoted or
transferred.
A probationary employee who has been rejected or has resigned during probation'
shal-1 not be restored to the eligible list from which the employee was certified
unless the employee receives the affirmative recommendation from the appointing
authority and is certified by the Personnel Director whose decision is final .
The Director of Personnel shall not certify the name of a person restored to the
eligible list to the same appointing authority by whom the person was rejected
• from the same eligible list, unless such certification is requested in writing
by the appointing authority.
18.7 Layoff During Probation. An employee who is laid _ off during
probation, if reemployed in the same class by the same department, shall be
required to complete only the balance of the required probation.
If reemployed in another department or in another classification, the employee
shall serve a full probationary period. An employee appointed to a permanent
position from a layoff or reemployment list is subject to a probation period if
the position is in a department other than the department from which the
employee separated, displaced, or voluntarily demoted in lieu of layoff. An
appointment from a layoff or reemployment list is not subject to a- probation
period if the position is in the department from which the employee separated,
displaced or voluntarily demoted in lieu of layoff.
18.8 Rejection During Probation of Layoff Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the probation period
shall be automatically restored to the layoff list, unless discharged for cause,
if the person is within the period of layoff eligibility. The employee shall
42
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 19 - Promotion '
19.1 Promotion shall be by competitive examination unless otherwise
provided in this Memorandum of Understanding.
19.2 Promotion Policy. The Director of Personnel , - upon request of an
appointing authority, shall, determine whether an examination is to be called on
a promotional basis.
19.3 Open Exam. If an examination for one of the classes represented by
the Union is proposed to be announced on an open only basis, the Director of
Personnel shall give five (5) days prior notice of such proposed announcement
and shall meet at the request of the Union to discuss the reasons for such open
announcement.
19.4 Promotion via Re,1 assification without Examination. Notwithstanding
other provisions of this Section, an employee may be promoted from one
classification to a higher cls^sification and his/her position reclassified at
the request of the appointing authority and under the following conditions:
A. An evaluation of the position(s) in question must show that the
duties and responsibilities have significantly increased and
constitute a higher level of work.
B. The incumbent of the position must have performed at the higher '
level for one (1) year.
C. The incumbent must meet the. minimum education and experience
requirements for the- hi-gher" cl-ass.
D. The action must have approval of the Personnel Director.
E. The Union approves .such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
19.5 Requirements for Promotional Standing. In order to qualify for an
examination called on a promotional basis, an employee must have probationary or
permanent status in the merit system and must possess the minimum qualifications
for the class. Applicants will be admitted to promotional examinations only if
the requirements are met on or before the final filing date. If an employee who
is qualified on a promotional employment list is separated from . the merit
system, except by layoff, the employee's name shall ' be removed from the
promotional list.
19.6. Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits,
43
00 91
of seventy (70) percent or more, shall receive, in addition to all other
credits, five one-hundredths of one ( .05) percent for each completed month of
service as a permanent County employee continuously preceding the final date for
filing application for said examination. For purposes of seniority credits,
leaves of absence shall be considered as service. Seniority credits shall be
included in the final percentage score from which the rank on the promotional
list j s determined. No employee, however, shall receive more than a total of
five (5) percent credit for seniority in any promotional examination.
19.7 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 20 - Transfer
20.1 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 Personnel to be
appropriate for transfer on the basis of minimum qualifications and
qualifying procedure;
B. the employee shall have permanent status in the merit system and
shall be in good standing;
C. the appointing authority or authorities involved in the transaction
shall have indicated their agreement in writing;
D. the employee concerned shall have indicated agreement to the Change
in writing;
E. the Director of Personnel shall have approved the change. Notwith-
standing 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.
20.2 Any employee or appointing authority who desires to initiate a
transfer may inform' the Director of Personnel in writing of such desire stating
the reasons therefore. The Director of Personnel shall, if he or she considers
that the reasons are adequate and that the transfer will be for the good of the
County service and the parties involved, inform the appointing authority or
authorities concerned and the employee of the proposal and may take the
initiative in accomplishing the transfer.
Section 21 - Resignations
An employee's voluntary termination of service is a resignation. Written
resignations shall be forwarded to the Personnel Department by the appointing
authority immediately on receipt, and shall indicate the effective date of
termination. Oral resignation shall be immediately confirmed by the appointing
q. 44
authority in writing to the employee and to the Personnel Department and shall
indicate the effective date of termination.
21.1 Resignation in Good Standing. A resignation giving the appointing
authority written notice at least two (2) weeks in advance of the last date of
service (unless the appointing authority requires a longer period, up to four
(4) weeks, for a specific reason, or consents to the employee's terminating on
shorter notice) is a resignation in good standing.
21.2 Constructive Resignation. A constructive resignation, occurs and is
effective when:
A. An employee has been absent from duty for five (5) .consecutive
working days without leave; and
B. five (5) more consecutive working days have elapsed without
response by the employee after the mailing of a notice of
resignation by the appointing authority to the employee at the
employee's last known address.
21.3 Effective Resignation. A resignation is effective when delivered or
spoken to the appointing aut':-. ity, operative either on that date or another
date specified.
21.4 Revocation. A resignation that is effective is revocable only by
written concurrence of the employee .and the appointing authority, except that an
oral resignation rescinded in writing by the end of the workday following the
oral resignation will be accepted by the appointing authority.
21.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been
coerced by the appointi-ng- authority-may be revoked within seven (7)
calendar days after its expression, by serving written notice on
the Director of Personnel 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 acknowledgement 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 fil=e a written election with the Director of Personnel
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 23 of the Memorandum of Understanding
beginning with Step C.
45
00
D. Disposition. If a final decision is rendered that determines that
The resignation was coerced, the resignation shall be deemed
.revoked and the employee returned to duty effective on the day
following the decision but without loss of seniority or pay,
subject to the employee's duty to mitigate damages.
Section 22 - Dismissal , Suspension and Demotion
22.1 The appointing authority may dismiss, suspend or demote any employee
.for cause. The following are sufficient causes for such action; the list is
indicative rather than inclusive of restrictions and dismissal , suspension or
demotion may be based on reasons other than those specifically mentioned:
1. absence without leave,
2. conviction of any criminal act involving moral turpitude,
3. conduct tending to bring the merit system into disrepute,
4. disorderly conduct.,
5. incompetence or inefficiency,
6. insubordination,
7. 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,
8. neglect of duty, i .e. non-performance of assigned responsibilities
9. •negligent or willful damage to public property or waste of public
supplies or equipment,
10. violation of any lawful or reasonable regulation or order given by
a_ supervisor or Department Head,
11. willful violation of any of the provisions of the merit system
ordinance or Personnel Management Regulations,
12. material and intentional misrepresentation or concealment of any
fact in connection with obtaining employment,
13. misappropriation of County funds or property,
14. unreasonable failure-- or refusal- to undergo any physical , medical
and/or. psychiatric exam and/or treatment authorized by this
Memorandum of Understanding,
15. 'dishonesty or theft,
16. excessive or unexcused absenteeism and/or tardiness.
17. sexual harassment, including but not limited to unwelcome sexual
advances, requests for sexual favors, and other verbal, or physical
conduct of a sexual nature, when such conduct has the purpose or
effect of affecting employment decisions concerning an individual ,
or unreasonably interfering with an individual 's work performance,
or creating an intimidating and hostile working environment.
22.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice) .
Before taking a disciplinary action to dismiss, suspend for 'more than five (5)
work days, or demote an employee, the appointing authority shall cause to be
served, either personally or by certified mail , on the employee, a Notice of
Proposed Action, which shall contain the following:
A. A statement of the action proposed to be taken.
46
B. A copy of the charges; including the acts or omissions and grounds
upon which the action is based.
C. If it is claimed that the employee has violated a rule or
regulation of' the County, department or district, a copy of said
rule shall be included with the notice.
D. A statement that the employee may review and request copies of
materials upon which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to
respond to the appointing authority either orally or in writing.
Employee Response. The employee upon whom a No�i.ce of Proposed Action has been
served shall have seven (7) calendar days to respond to the appointing authority
either orally. or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend
in writing the period to respond. If the employee's response is not filed
within seven (7) days or any extension, the right to respond is lost.
22.3 Leave Pending Emplovee Response. Pending response to a Notice of
Proposed Action within the first seven---�7) days, the appointing authority for
cause specified in writing may place the employee on temporary leave of absence,
with pay.
22.4 Suspensions without pay shall not exceed thirty (30) days unless
ordered by an arbitrator, an adjustment board or the Merit Board. The thirty
(3.0) day limit does not apply to suspension due to pending criminal charges as
provided in 22.5 below.
22.5 Notice of Suspension Without Pay Due to Pending Criminal Charges.
• Before suspending an employee due to pending criminal charges, the appointing
authority shall cause to be serve'd—either personally or by certified mail , on
the employee, a Notice of Suspension Due to Pending Criminal Charges, which
shall contain the following:
A. A statement that the employee is suspended while criminal charges
are pending or until the charges are dismissed.
B. A statement of the charges upon which the suspension is based and
of the facts by which such charges adversely affect the County
service or conflict with continued employment.
C. A statement that the employee may respond to the appointing
authority either orally or in writing within seven (7) calendar
days.
D. A statement that disciplinary action may b"e taken after disposition
of the charges.
E. The Notice of Suspension Due to Pending Criminal Charges may .
include a Notice of Proposed Action (Skelly Notice) under Section
22.2.
47 00 9
F. An appointing authority, upon giving notice as provided in this
Section 22, may immediately suspend without pay an employee against
whom there is pending a criminal charge which adversely affects the
County service or conflicts with continued employment. Pending.
criminal charges exist when an employee 'has been arrested or has
been named a defendant in a criminal complaint or indi.ctement filed
in any court.
G. The Personnel Director may order lost. pay restored for good cause,
and subject to the employee's duty to mitigate damages, but not if
the employee 1) is given a Notice of Proposed Action (Skelly
Notice) and 2) is dismissed or otherwise disciplined for cause
directly related to the charges within fourteen (14) calendar days
after the appointing authority has knowledge of final disposition
of the charges.
22.6 Procedure on Dismissal , Suspension or Disciplinary Demdtion.
A. In any disciplinary action to dismiss, suspend, or demote an
employee having permanent status in a position in the merit system,
after having complied with the Provisions of Section 22.2, where
applicable, the appointing authority shall make an order in writing
stating specifically the causes for the action.
B. - Service of Order. Said order of dismissal , suspension, or demotion
shall be file with the Director of Personnel , showing by whom and
the .date a copy was served upon the employee to be dismissed,
suspended or demoted, either personally or by certified mail to the
employee's last known mailing address. The order shall be
effective either upon personal service or deposit in the U. S.
Postal Service.
C. Employee Appeals from Order. The employee may appeal an order of
dismissal , suspension or demotion either to the Merit Board or
through the procedures of Section 23 - Grievance Procedure of this
Memorandum of Understanding provided that such appeal is filed in
writing with the Personnel Director within ten (10) calendar days
after service of said order. An employee may not both appeal to
the Merit Board and file a grievance under Section 23 of this
Memorandum of Understanding.
Section 23 —Grievance Procedure
23.1 A grievance is any dispute which involves the interpretation or
application of any provision of this Memorandum of Understanding excluding,
however, ' those provisions of this Memorandum of Understanding which specifically
provide that the decision of any County official shall be final , the interpre-
tation .or .application of those . provisions not being subject to the grievance
procedure. The Union may represent the employee at any state of the process.
Grievances must be filed within thirty (30) days of the incident or occurance
about which the employee claims to have a grievance and shall be processed in
the following manner:
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A. Step 1. Any employee who believes that a provision of this
Memorandum of Understanding has been misinterpreted or misapplied
to his or her detriment shall discuss the complaint with the
employees immediate supervisor, who shall meet with the employee
within five (5) days of receipt of a written request to hold such
meeting. If the issue is not resolved, the procedures hereinafter
may be invoked.
B. Step 2. If a grievance is not satisfactorily resolved in Step 1
above, the employee may submit the grievance in writing within ten
(10) work days to such management official as the Department Head
may designate. This formal written grievance shall state which
provision of the Memorandum of Understanding has been
misinterpreted or misapplied how misapplication or
misinterpretation has affected him or her to his or her detriment,
and the redress he or she seeks. A copy of each written
communication on a grievance shall be filed with the Director of
Personnel . The Department Head or his or her designee shall have
fifteen (15) work days in which to respond to the grievance in
Writing. ,
C. Step 3. If a grieva►,�,,� is not satisfactorily resolved in Step 2
above, the employee may appeal in writing within ten (10) work days
to the Personnel Director. The Personnel 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 employee and attempt to settle the grievance and respond in
writing.
D. Step 4. No grievance may be processed under this Section which has
not first been filed and investigated in accordance with Step 3
above and filed within ten (10) work days of the written response
of the Personnel Director'or' his/her designee. If the parties are
unable to reach a mutually satisfactory accord on any grievance
which arises and is presented during the term of this Memorandum of
Understanding, such grievance shall be submitted in writing to an
Adjustment Board comprised of three (3) Union representatives, no
more than two (2) of whom shall be either an employee of the County
or an elected or appointed official of the Union presenting this
grievance, and three (3) representatives of the County, no more
than two (2) of whom shall be either an employee of the County or a
member of the staff of an organization employed to represent the
County in the meeting and conferring process. The Adjustment Board
shall meet within twenty (20) work days of receipt of the written
request and render a decision.
E. Arbitration. `-If an Adjustment Board is unable to arrive at , a
majority decision, either -the employee or the County may require
that the grievance be referred to an impartial arbitrator who shall
be designated by mutual agreement between the employee and the
Personnel Director. Such request shall be submitted within twenty
(20) work days of the rendering- of the Adjustment Board decision.
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The fees and expenses of the arbitrator and of the Court Reporter
shall be shared equally by the employee and the County. Each
party, however, shall bear the costs of its own presentation,
including preparation and post hearing briefs, if any.
F. The following arbitrators have been agreed to:
Barbara Chvany
Adolph {coven
Jack Griffith
Emily Mahone
Robert Burns
23.2 Scope of Adjustment Board and Arbitration Decisions.
A. Decisions of Adjustment Boards and arbitrators on matters properly
before them shall .be final and ,binding, on the parties hereto, to
the extent permitted by law.
B. No adjustment Board and no arbitrator shall entertain, hear, decide
or make recommendations on :any dispute unless such dispute involves
a position in a unit represented by the Union which has been
certified as the recognized employee organization for such unit and
unless such .dispute falls within the definition of a grievance as
set forth in Subsection 23.1 above.
C. rProposa-1 s to :.add to :or change this Memorandum of Understanding or
to change written agreements supplementary hereto shall not be
arbitrable and no proposal to modify, amend, or terminate this
Memorandum of Understanding, 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
Memorandum of Understanding or written agreements supplementary
-hereto or to establish any new terms or conditions of -employment.
D. If the Personnel Director in pursuance of the -procedures outlined
in Subsection 23.1 (C) above, or the Adjustment Board in pursuance
of the provisions of Subsection 23.1 (D) 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. If any award by an Adjustment Board of arbitrator requires action
by the Board of Supervisors or the Merit Board-,..before it can be
placed in effect, the County . Administrator and the Personnel
Director will recommend to the Board of Supervisors or the Merit
Board, as appropriate, that it follow such award.
23.3 The time limits specified above may be waived :by mutual agreement of
the parties to the grievance. If the County fails to meet the time limits
specified in Steps 1 through 3 above, the grievance will automatically move to
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the next step. If an employee fails to meet the time limits specified in Steps 1
through 5 above, the grievance will be deemed to have been settled and withdrawn.
23.4 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Personnel
Director. Only complaints which allege that employees are not being compensated
in accordance with the provisions of this Memorandum of Understanding shall be
considered as grievances. Any other matters of compensation are to .be resolved
in the meeting and conferring process, if not detailed in the Memorandum of
Understanding which results from such meeting and conferring process shall be
deemed withdrawn until the meeting and conferring process is next opened for such
discussion. No adjustment shall be retroactive for more than six (6) months from
the date upon which the complaint was filed.
No change in this Memorandum of- Understanding or interpretations thereof (except
interpretations resulting from Adjustment Board or arbitration proceedings
hereunder) will be recognized unless agreed to by the County and the Union.
23.5 No Strike. During the term of this Memorandum of Understanding, the
Union, its members and representatives, agree that it and they will not engage
in, authorize, sanction, or support any strike, slowdown, stoppage of work,
sickout, or refuse to perform rilstomary duties.
In the case of a legally declared lawful strike against a private or public
sector employer which has been sanctioned and approved by the labor body or
council having jurisdiction, an employee who is in danger of physical harm shall
not be required to cross the picket line, provided the 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 Fealth or safety.
23.6 Merit Board.
A. All grievances of employees in representation units represented by
the Union shall be processed under Section 23 unless the employee
elects to apply to the Merit Board on matters within its
jurisdiction.
B. No action under Paragraph C, D and E of Subsection 23.1 above shall
be taken if action on the complaint or grievance has been taken by
the Merit Board, or if the complaint or grievance is pending before
the Merit Board.
23.7 The Union may file a grievance at Step 3 on behalf of affected
employees when action by the County Administrator or the Board of Supervisors
violates a provision of .this Memorandum of Understanding.
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Section 24 - Bilingual Ray
A salary differential of fifty dollars ($50) per month shall be' paid incumbents
of positions requiring bilingual proficiency as designated by the appointing
authority and Director of Personnel . Said differential shall be prorated for
employees working less than full time - and/or who are on an unpaid leave of
absence , for a portion of any given month. Designation of positions for which
bilingual proficiency is required is the sole prerogative of the County.
Section 25 - Retirement Contribution
Pursuant to Government Code Section 31581.1, the County will continue to pay
.fifty (50) percent of the retirement contributions normally required of
employees. Such payments shall continue for the duration of this Memorandum of
Understanding, and shall terminate thereafter. Employees shall be responsible
for payment of the employees ' contribution for the retirement cost of living
program as determined by the Board of Retirement of the Contra Costa County
Employees' Retirement Association without the County paying any part of the
employees share. The County will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
Section 26 - Training Reimbursement
The County Administrative Bulletin on Training shall govern reimbursement for
training and shall continue to limit reimbursement for career development
training to two hundred dollars ($200) per semester or one hundred fifty dollars
($1.50) ,per quarter, .not to exceed six hundred dollars ($600) per year.
Those employees entering the Social Casework Assistant classification by the
substitution pattern in the minimum qualifications shall be entitled to direct
benefit tuition reimbursement under the County training reimbursement policy.
Such employees requesting a leave of absence or permanent part-time positions
for the purpose of completing- a bachelor's degree shall be given priority
consideration by the Department.
Section 27 - Mileage
For such expenses of authorized travel necessarily done by private automobile
employees shall be allowed twenty-two cents (22¢) per mile up through four
hundred (400) miles per month, and sixteen cents (16t) for over four hundred
(400) miles per month.
The above rates shall be adjusted to reflect an increase or decrease in the cost
of gasoline which shall be determined as provided below on the basis of the
average price for "gasoline, all types" per gallon as listed in Table 5,
"Gasoline average prices per gallon, U.S. city average and selected areas" for
the San Francisco-Oakland., California area -published by the Bureau of Labor
Statistics, U.S. Department of Labor, hereinafter referred to as the "Energy
Report".
The above mileage rates shall be increased or decreased by one cent (1¢) for
each fifteen cents (15f) increase or decrease in the .base price for gasoline
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which shall be defined as the average price of gasoline per gallon for July,
1979 as published in the Energy Report. Any such rate increase or decrease
shall be effective the first of the month following publication of the index.
The above formula rates include price increases reported since July, 1979.
The mileage rate increase or decrease based on the Energy Report shall be
contingent upon the continued availability of the official monthly Energy Report
in its present form and calculated on the same basis unless otherwise agreed
upon by the parties.
The County Administrator shall promulgate regulations covering these matters and
the submission of account claims to the Auditor-Controller.
Section 28 - Childrens' Protective Services Respite Leave Without Pay
Employees assigned to a position in the Childrens' Protective Services Program
shall be granted ten (10) days respite leave without pay per fiscal year. Such
leave shall be taken in increments of one (1) full day (eight (8) hours) and
shall be requested in writing. Conflicting requests for respite leave shall be
resolved by the Department Head or designee with preference given to employees
according to their seniority in the department, as reasonably as possible. Any
balance in the ten (10) days respite leave which remains at the end of the
fiscal year shall not be carried over into the next fiscal year.
Section 29 - Mental Health Screening Differential
Employees represented by Social Services Union, Local 535 who work in the Mental
Health Screening Unit of County Medical Services shall receive a differential
per hour worked at a premium of five (5) percent of the hourly equivalent of the
base rate; provided, however, that in the event the conditions in Mental Health
Screening are improved so t'iat hazardous conditions no longer exist, such
differential will no longer be applicable.
Section 30 .- Conservatorship Differential
The County agrees that any employee in a classification represented by Local 535.
who is assigned to a position, the work function of which . is in the
Conservatorship Program of the Social Service Department, and the work
assignment of which requires direct personal working contact on a regular daily
basis with court-remanded clientele of the Conservatorship Program, as specified
in Division 5, Part I, Chapter 3 of the Welfare & Institutions Code, shall
receive a differential per hour worked at a premium of five (5) percent of the
hourly equivalent of the base rate while in pay status including paid vacation,-
paid sick leave, and paid holidays.
Section 31 - Notice of New Employees
.The County agrees to periodically mail to Social Services Union, Local 535 a
list of names, classifications, and the designation of permanent employment
category of new employees appointed to classifications represented by Local 535.
Said periodic list will be mailed within the first five (5) working days of
every month.
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Section 32 - Personnel Actions
32.1 Personnel Files.
A. Inspection. Each employee, or an employee's representative so
designated by written authorization of the employee, shall have the
right to inspect and review the employee's personnel file upon
request at reasonable times and for reasonable periods during the
regular business hours of the County.
B. Documentation in the personnel file relating to the investigation
of a possible criminal offense, medical records and information or
letters of reference shall be specifically excluded from such
inspection and review.
C. Preemployment reference material shall be removed from the
'personnel file after one (1) year of continuous employment with the
County.
D. Medical records may be released to qualified medical authorities
upon execution of a written release by the employee and with the
concurrence of the County's medical authorities.
E. An employee may request copies of other material contained in the
personnel file.
F. The employee shall bear the cost of the reproduction of copies.
G. The .County shall afford the employee the opportunity to respond in
writing to any information contained in their personnel file. Such
response shall be included in the employee's personnel file.
H. The Department shall maintain only one official personnel file.
32.2 Counselling.
A. Whenever an employee's job performance and/or conduct, becomes less
than satisfactory, counselling shall be provided by the employee's
first level supervisor. Such counselling shall specifically state
the unsatisfactory nature of the employee's performance and/or
.conduct and specific ways in which the employee can bring such
performance and/or conduct up to the satisfactory level .
B. Said counselling shall be provided as soon as possibl'e after the
occurrence of the less than satisfactory performance and/or
conduct. No adverse action shall be taken by the County against
any employee unless such counselling has been provided and time for
improvement has• been given.
C. The ' employee's first level supervisor shall prepare written
documentation of such counselling and provide a copy of the
documentation to the employee.
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D. The foregoing shall not apply to probationary employees or in those
cases where immediate disciplinary action is necessary.
32.3 Copies.
A. The County shall provide the employee with copies of all performance
evaluation reports and letters of reprimand or warning or other
negative material prior to the placement of such documents in the
employee's departmental personnel file. .
B. Upon written request of the employee, copies of letters of reprimand
or warning shall be sent to the Union.
Section 33 - Safety Program
Health and safety standards shall be maintained in all County facilities to a
maximum degree consistent with the conduct of efficient operations.
The Social Service Department shall operate a department-wide employee health
and safety program. This ^rogram shall consist of:
1. A central department Committee comprised of one (1) member
appointed by Local 535 from each major building location, one (1)
management employee who shall be the Building Manager for that
location and other employee organization representatives, and the
Department Personnel Officer, or designee. The Department
Personnel Officer, or designee, will serve as chairperson. The
committee shall meet every other month.
2. All Committee members will receive training on a) accident/injury
reporting procedure., h) accident/injury investigation and
prevention, c) safety awareness, and d) procedures by which safety .
concerns are handled.
.3. The committee shall consider items and information raised by its
members related to the department's health and safety program.
Committee recommendations shall be reported to and reviewed by the
Department Head who shall respond in writing to all
recommendations.
Section 34 - Flexible Staffing
34.1 Certain positions may be designated by the Personnel Director as
flexibly staffed positions. Positions are generally allocated at the first
level of the job series when vacated. When the position is next filled and an
incumbent of one of these positions meets the minimum qualifications for the
next higher level and --has met appropriate competitive requirements he/she may
then be promoted to the next higher classification within the job series without
need .of a classification study.
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The following job classifications are flexibly staffed:
Eligibility Worker I to Eligibility Worker II
Soci.al ,Casework Specialist I to' Social Casework Specialist II
Open exami.nati.ons at either level in the above mentioned classifications shall
..be administered upon the request of the Department Head and approval of the
Director .of Personnel .
34..2 Continuous Testing for Flexibly Staffed Classes. Employees in ,.,a
flexible staffed job series which have been determined by the Director of
Personnel as appropriate for continuous testing may apply for promotion to-the
next higher classification level as follows:
Applicants must file the regular Personnel 'Department Application for
Examination Form and where applicable, the appropriate supplemen=tal
questionnaire with the Personnel Department. The first Friday in each month is
the filing deadline for any candidate who meets the -minimum qualifications at
any time during ..that month. The names of accepted applicants will be placed on
the eligible list by the first working day of the folTowtng month. - Employees
:who -fit=e applications must notify their supervisor and their -departmental
,per.sonnel officer. Nothing contained in this section shall beconstruedas
making ;a promot_i-on .automatic or automatically effective on the first of the
.month following the filing of an application. It- is the ,responsibiiity of the
Department that wishes to promote employees in flexibly staffed positions to
submit .a personnel request :(certification request) prior to the first day of the
.month > °n _.Which -they ,wish --to promote the employee. Personnel requests for
promotion' -of employees., to become effective on .the. first of the `month 'must be in
the - Personnel Department by the last working day of the prior month. It is .the
employees . responsibility to submit applications for ' promotion sufficiently in
advance to assure receipt in the Personnel Office by the first Friday of the
month in which they become eligible for promotion.
If an error occurs in the Personnel Department which causes a delay in the
processing of an application, said error shall be corrected and .the employee
shall be placed on the eligible list retroactively to the first of the month
following his/her eligibility.
If an operati.ng department verifies i.n writing the intent to promote an employee
on the first of the month following eligibility, .said appointment shall be made
retroactive to the first of the month following his/her eligibility.
Section 35 —Career Ladder
The County agrees to the concept of a career .ladder which will enhance the
opportunities for persons in eligibility worker classifications to attain
positions as social workers.
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Section 36 —Staffing Allocations and Workload Distribution
36.1 . The Social Service Department shall review on a quarterly basis the
amount and nature of work in its operating units and shall initiate
reassignments of employees, necessary to proportion and more closely balance the
number of available employees in each classification with the anticipated amount
and nature of work in operating units throughout the Department.
36.2 There shall be a meeting between the Social Service Department and the
Union every month to review and discuss the existing amount and nature of work
in services programs and in categorical aid programs. If this review shows an
imbalance exists in operating units, the procedures -in Section 37 - Reassignment.
shall be implemented.
36.3 Participants in the meeting on staffing allocations and workload
distribution shall include the Director andd his representatives, the Union
officials designated in Section 4.3 and other persons deemed necessary for
informational purposes.
36.4 The parties :',all discuss streamlining work and standardizing
procedures and shall consider information regarding new procedures, forms, job
expectations, and other fact(, :, or changes in procedures which may impact on
workloads.
36.5 Summary minutes shall be kept for each committee meeting and shall -be,
distributed to all committee members prior to the next meeting.
Section 37 - Reassignments
37.1 On a quarterly basis the Social Service Department shall review the
distribution of staff as prov ,ded ;n Section 36. The following procedures shall
be implemented based upon such quarterly review.
37.2 When the Department is at authorized staffing levels in categorical
aid and/or services programs, but staffing 'imbalances exist, bids for uncovered
assignments shall be posted for five (5) working days in buildings with staff
overages and in the building in which the assignment exists. The five (5) most
senior persons in the class responding to the bid, plus persons in the class
responding from within the building, shall be interviewed. If there are no
responses from other buildings but there are three (3) or more responses from
within the building, those employees from within the building shall be
interviewed for selection. The least senior person, in the class and buildings
identified as having overages, shall be- reassigned when there are no responses
to the bid from other buildings.
37.3 When the Department is below authorized staffing levels in categorical
aid and/or services programs, the Department shall identify the vacant positions
by class and building. The Department shall , then alternately bid or appoint
from the eligible lists to fill such vacancies in each class on a one-for-one
basis except that vacancies resulting from a bid may be filled from either
another bid or from the eligible list. Bids shall be posted in all offices and
the five (5) most senior persons in the class identified on the bid shall be
interviewed.
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37,4 When vacancies which occur during a quarter are to be filled; the
procedures outlined .in ;Section 37,3 shall be used.
37.5 Employees responding to bids shall complete Department Reassignment
Request forms and submit these to the Department Personnel Unit. Such
Reassi-gnment Request Forms must be received by 5:00 p_.m. on the -day the bid
closes for the employee to be .considered in determining the five (5) most senior
employees in the class.
37.6 Employees may submit Department Reassignment Requests at any time.
Such Reassignment Request Forms shall be maintained for ninety (90) days from
the date of receipt by the Department Personnel Unit. Employees shall receive a
copy .of their Reassignment Request Form noting the date received and the date of
expiration. Such Reassignment Request Forms shall .be included -in determining
the five (5) most senior employees responding to a bid.
37.7 Positions flagged as needing a language skill, or special
qualifications shall be identified on bids. Only employees having such skill or
meeting such qualifications shall be accepted for bid interviews or for
mandatory reassignments as provided in Section 37.2.
37.8 Specially funded assignments or assignments of limited duration shall
not be subject to procedures in this Section.
37.9 Reassignments` shall not be used as a replacement for discipline.
Employees on probation or in an Improvement Needed Review status shall not be
reass.,:gned. --An =employee who is reassigned out-of-seniority-order shall be
offered the first vacancy to be filled in th,e� class and bui-lding_ from which the
employee was mandatorily reassigned. At the next quarterly staffing review an
employee mandatorily reassigned out-of-seniority-order shall be given first
opportunity for reassignment as provided in 37.2 or 37.3 -whichever is
applicable; or if no staffing imbalances exist, the most senior employee shall
be offered the opportunity to exchange positions provided the least" senior
employee is no longer on probation or Improvement Needed .Review status.
37.10 In each classification, series seniority for reassignment purposes
shall be determined by date of hire into that series as defined below:
Eliqibility Series: Eligibility Worker I, Eligibility Worker II,
Eligibility Work Specialist.
Social Work Series: Vocational Counselor Trainee, Social Worker
Trainee, Social Worker I, Social Worker II, Social Worker III,
Vocational Counselor.
Casework Specialist Series: Social Casework Specialist I, Social
Casework Specialist II.
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Section 38 - Reimbursement for Meal Expenses
Employees shall be reimbursed for meal expenses under the following
circumstances and in the amount specified:
1. When the employee is required by his/her Department Head to attend
a meeting concerning County business or County affairs.
2. When the employee is required to be out of his/her regular or
normal work area during a meal hour because of a particular work
assignment.
3. When the employee is required to stay over to attend consecutive or
continuing afternoon and night sessions of a board or commission.
4. 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.
5. When the employee is required to work three or more hours of
overtime; in this cas, he or she may be reimbursed in accordance
with Administrative Bulletin on expense reimbursement.
Meal costs will be reimbursed only when eaten away from home or away from 'the
facility in the case of employees at twenty-four (24) hour institutions.
Procedures and definitions relative to reimbursement for meal expenses shall be
in accordance with the Administrative Bulletin on Expense Reimbursement.
Section 39 - Personal Property Reimbursement
The loss or damage to personal property of employees is subject to reimbursement
under the following conditions:
1. 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.
2. Ordinary wear and tear of personal property used on the job is not
compensated.
.3. Employee tools or equipment provided without the express approval
of the department head and automobiles are excluded from
reimbursement.
4. The loss or damage must have occurred in the line of duty.
5. The loss or damage was not a result of negligence or lack of proper
care by the employee.
6. The personal property was necessarily worn or carried by the
employee in . order to adequately fullfill the duties and
requirements of the job.
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7. 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.
8. The amount of reimbursement shall be limited to the actual cost to
repair .damages. Reimbursement for items damaged beyond repair
shall be limited to the actual value of the item at the time of
loss or damage but not more than the original cost.
9, The burden of proof of loss rests with the employee.
10. Claims 'for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to
Personal Property.
Section 40 - Length of Service Definition (for service awards and vacation
accruals
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including
temporary, provisional, and permanent status, and absences on approved leave of
absence). When an employee separates from a permanent position in good standing
and within two years is reemployed in a permanent County position, service
credits shall include all credits accumulated at time of separation, but shall
not include the period of separation. The Personnel Director shalldetermine
.these matters based on the employee status records in his/her department.
Section 41 - Servi.ce. Awards
The County shall continue its present policy with respect ' to service awards
including time off; provided, however, that the type of award given shall be at
the sole discretion of the County.
The following procedures shall apply with respect to service awards:
A. Twenty Years and Longer Periods of Service. An award ceremony will
e scheduled ,before the Board of Supervisors each month.
1. The Personnel Department will make arrangements for the
presentation ceremony before the Board of Supervisors.
Each Department Head and employee scheduled for an award
will be notified as to the time and date of the ceremony.
2. Service awards will be supplied to the Department Head by
the Personnel Department staff prior to the ceremony.
3. When the employee does not appear for the ceremony the
award will be returned to the Personnel Department and the
employee will be contacted and it will be ascertained if
he/she desires to be rescheduled. In the event he or she
does not desire to attend a later ceremony, the Personnel
Department will forward the award directly to the
employee.
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B. Ten and Fifteen Year Service Pin Awards.
1. The Personnel Department will notify the Department Head
when an employee has qualified to receive a ten or fifteen
year service pin. The service award pin will be enclosed
with the notification.
2. The Personnel Department will notify each employee
eligible for an award that his/her Department Head is
making arrangements for the presentation of the award.
3. The award ceremony will be conducted ' at the department
level with the Department Head making the award. To give
the award ceremony meaning, it is suggested that the
department . head present pins in his/her office or
conference room with immediate supervisors and fellow
workers in attendance.
4. After presenting the award, the Department Head will
notify the Personnel Department by returning to the
Personnel Department the names and dates of presentation.
5. The Personnel C_;Jartment will record each award.
C. Service Award Day Off. -Inployees who appear for their fifteen year
or longerl service award ceremony are entitled to take that day
off with pay.
Section 42 - Permanent Part-Time Employee Benefits
Permanent part-time employees receive prorated vacation and sick leave benefits.
They are eligible for health, dental and life insurance benefits at
corresponding premium rates providing they work at least fifty (50) percent of
full time. If the employee work° at least fifty (50) percent of full time,
County retirement participation is also included.
Section 43 - Permanent Intermittent Employee Benefits
Permanent intermittent employees are eligible for prorated vacation and sick
leave benefits.
Section 44 - Permanent Intermittent Health Plan
A permanent intermittent employee may participate in the County Group Health
Plan Program wholly at the employee's expense. The employee will be responsible
for paying the monthly premium appropriately and punctually. Failure to meet
the premium deadline will mean automatic and immediate withdrawal from the
County Group Health Plan and reinstatement may only be effectuated during the
annual open enrollment period.
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Section 45 - 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. Said provisional employees may participate in the County Group Health
Plan Program 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 Program and reinstatement may only be effectuated during the annual
open enrollment period.
Section 46 - Indemnification and Defense of County Employees
The County shall defend and indemnify an employee against any claim or action
against the employee on account of an act or omission in the scope of the
employee's employment with the County in accordance with, and subject to, the
provisions. of California Government Code Sections 825 et seq and 995 et seq.
Section 47 - Modification and Decertification
For the duration of this Memorandum of Understanding the following amendments. to
Board Resolution 81/1165 shall apply:
Section 34-12.008 - Unit Determination (a) shall be modified in the first
paragrap.h to delete the ten 10 percent requirement for an employee
organization intervening in the unit determination process and substitute,
therefore a thirty (30) percent requirement.
Section 34-12.013 - Election Procedure (b) shall be modified in the first
paragraph to delete the ten 0 percent requirement for any recognized employee
organization(s) to appear on the ballot and substitute therefore- a thirty (30)
-percent requirement.
Section 34-12.016 - Modification of Representation Units shall be modified in
the first sentence by adding words to the effect of "most recent" to the date of
determination. This section shall be modified in the second sentence to require
that petitions for modification of a representation unit be filed during a
period of not more than one hundred and fifty (150) days nor less than one
hundred .and twenty (120) days prior to the expiration of the Memorandum of
Understanding'in effect. The last sentence of this section shall be modified so
that modification of a representation unit shall not negate the term of an
existing Memorandum of Understanding between the County and the recognized
employee organization of the unit prior to the modification proceedings.
Section 34-12.018 - Decertification Procedure shall be modified in the first
sentence by adding words to the effect of "most recent" to the date of formal
recognition and by requiring the petition be submitted during a period .of not
more than one hundred and fifty (150) days nor less than one hundred and twenty
(120) days prior to the expiration of the Memorandum of Understanding in effect.
62
Section 48 - Unfair Labor Practice
48.1 Either the County or the Union may file an unfair labor practice
against the other. Allegations of an unfair labor practice, if not resolved in
discussions between the parties, may be heard by a mutually agreed upon
impartial third party.
48.2 Unfair Labor Practice - County. It is an unfair labor practice for
the County to:
1. Interfere with, restrain or coerce employees in the exercise of the
rights recognized or granted in this division;
2. dominate or interfere with the formation of any employee
organization or interfere with selection of a majority
representative;
3. contribute financial support to any employee organization; or
4. refuse to meet and confer in good faith (witn representatives of
formally organized employee organizations on matters within the
scope of representati.: ) , or to refuse to consult with informally
recognized employee organizations on matters within the scope of
representation.
48.3 Unfair Labor Practice - Union. It is an unfair labor practice for the
Union or their representatives or members to:
1. Interfere with, restrain or coerce employees in the exercise of the
rights recognized or granted in this division;
2. coerce, attempt to coerce or discipline any member of an
organization so as to hinder or impede the performance of his
duties;
3. discriminate against any employee with regard to the terms or
conditions of membership because of race, color, creed, sex or
national origin;
4. refuse to consult, or meet and confer in good faith, with
management representatives on matters within the scope of
representation; or
5. initiate, engage in, cause, . instigate, encourage or condone a work
stoppage of any kind or other disruptive activities which are
detrimental to the conduct of county business and services.
Section 49 - Adoption
The provisions of this Memorandum of Understanding shall be made applicable on
the dates indicated and upon approval by the Board of Supervisors. Resolutions
and Ordinances, where necessary, shall be prepared and adopted in order to
63
implement these provisions. It is understood that where it is determined that
an Ordinance is required to implement any of the foregoing provisions, said
provisions shall become effective upon the first day of the month following
thirty (30) days after such Ordinance is adopted.
Section 50 - Scope of Agreement and Separability of Provision
50.1 Scope of Agreement. Except as otherwise specifically provided herein,
this Memorandum of Understanding fully and completely incorporates the
understanding of the parties hereto and constitues the sole and entire agreement
between the parties in any and all matters subject to meet and confer. Neither
party shall , during the term of this Memorandum of Understanding demand any
change herein, provided that nothing herein shall prohibit the parties from
changing the terms of this Memorandum of Understanding by mutual agreement.
50.2 Separability of Provisions. Should any section, clause or provision
of this Memorandum of Understanding be declared illegal , unlawful 'or
unenforceable; by final judgment of a court of competent jurisdiction, such
invalidation of such section., clause -or provision shall not invalidate the
remaining portions hereof, and such remaining portions shall remain in full
force and effect for the duration of this Memorandum of Understanding.
50.3 Personnel Management Regulations. Where a specific provision
contained in a section of this Memorandum of Understanding conflicts with a
specific provision contained in a section of the Personnel Management
Regulations, the provision of this Memorandum of Understanding shall prevail .
ItJs-is recogn*i:zed., however, that certain provisions of the Personnel Management
Regulations may be supplementary to the provisions of this Memorandum of
Understanding and as such remain in full force and effect..
Section 51 - Past Practices and Existing Memoranda of Understanding
Continuance of working conditions and-past practices not specifically authorized
by ordinance or by resolution of the Board of Supervisors is not guaranteed by
this Memorandum of Understanding; provided, however, that beginning with the
effective date of this Memorandum of Understand-ing and continuing until 12/12/8
the Union may claim a violation of a past practice if the Union can demonstrate
that such past practice exists by virtue of having been acknowledged and agreed
to by Management, the alleged violation of said past practice will be subject to
the grievance procedure.
This Memorandum of Understanding shall supersede all existing Memoranda of
Understandi.ng between the County and the Union.
64
Date:
CONTRA COA COUNTY SOCIAL SERV ES UNILOCAL 535
By By
B BY
✓ BY �``� By
/ J
By By
By & Q,
By
65
00 102
i"
o+♦
t
Attachment A
Social Services Union, Local 535 and the County have met and conferred in good
faith regarding wages, hours and other terms and conditions of employment for
employees in project classes which except for the project designation would be
represented by Social Services Union, Local 535. For, example, Social Program
Planner I is represented by Social Services Union, Local 535, therefore, it has
been agreed that Social Program Planner I-Project will also be represented by
Social Services Union, Local 535.
Other project classes that are not readily identifiable as properly included in
bargaining units represented by Social Services Union, Local 535, shall be
assigned to bargaining units in accordance with the provisions of
Section 34-12.015 of Board Resolution No. 81/1165.
The Union and the County understand that the meet and confer process with
respect to the conditions of Amployment for project classifications is unique
and therefore differs from other regular classes represented by Social Services
Union, Local 535 in the following respects.
1. Project employees are not covered by the Merit System.
2. Project employees may be separated from spl�vice at any time without
regard to the provisions of this Memorandum of Understanding,
without right of appeal or hearing or recourse to the grievance
procedure specified herein.
3. Any provision of this Memorandum of Understanding which pertains to
layoff or seniority are not applicable to project employees.
00` 103
.1
ATTACHMENT B
SOCIAL SERVICES UNIT
I I VI /\IJ( 11',1 1 , 1'INIM
CLASS
CODE LEVEL SALARY RANGE CLASS TITLE
X4VA C5 -- 1502 2040.00 - 2479.00 Clinical Social Worker*
XHTB C5 -- 1187 1489.00 - 1810.00 Eligibility Work Specialist*
XHWA C5 --. 0998 1232.00 - 1498.00 Eligibility Worker I*
-XHVA C5 -- .1114 1.384.00 1682.00 Eligibility Worker II*
XH72 C5 -- 0831 1043.00 - 1268.00 Eligibility Worker Trainee - Project*
9kSB C5 -- 1401 1844.00 - 2241 .00 Home Maintenance Trainer/Organizer - Prj .*
X4VC T2 -- 0836 1342.00 - 1557.00 Medical Social Worker - Level A*
1596.00 - 2199.00 Medical Social Worker - Level B*
2254.00 - 2488.00 Medical Social Worker - Level C*
X4WA C5 -- 1502 „ 2040.00 - 2479.00 . . Public Health Social Worker*
X7S1 C5 -- 1382 1809.00 - 2199.00 Refuge-e Assistance Program Trainer - Prj .*
XOWB C5 -- 1429 1896.00 - 2305.00 Social Casework Specialist I*
XOVB C5 -- 1502 2040.00 - 2479.00 Social Casework Specialist II*
XTSC C5 -- 1502 2040.00 - 2479.00 Social Program Planner I*
XTSB C5- -- 1697 2479.00 - 3013.00 Social Program Planner II*
XOWA C5 -- 1114 1384.00 - 1682.00 Social Worker I*
XOVA C5 -- 1261 . , 1603.00 - 1949.00 Social Worker TI*
XOTA C5 -- 1382 „ 1809.00 - 2199.00 Social Worker III*
XOTI C5 -- 1382 1809.00 - 2199.00 Social Worker III - Project*
'X07A C5 -- 1114 1384.00 - 1682.00 Social Worker Trainee*
U WA C5 -- 1382 1809.00 - 2199.00 Vocational Counsellor*
Y,77A C5 -- 1114 1384 .00 - 16£32.00 Vocot.ion�il Counsellor Trainee*,
*includes 3`' Comparable Worth Adjustment
00 104
A
4t. ATTACHMENT B (Cont'd)
COMMUNITY SERVICES UNIT
SALARIES EFFECTIVE AUGUST 1 , 1984
CLASS
CODE LEVEL SALARY RANGE CLASS TITLE
XDWA C5 -- 0897 . . 1114.00 1354.00 Community Aide*
XDW2 C5 -- 0897 1114.00 - 1354.00 Community Aide - Project*
X07A C5 -- 0794 1005.00 1??? .00 C.nmmiini ty Aide Tra i nep*
XU/I C5 -- 0794 1005.00 - 1222.00 ConmiuniLy Aide Irainee - Projec.L,
�5 -- 1120 1392.00 - 1692.00 Community Program Assistant - Project*
XDW3 C5 -- 0888 1104.00 - 1342.00 Senior Citizen Aide - Project*
XDVA C5 -- 0998 1232.00 - 1498.00 Social Service Community Assistant*
*Includes 3/ Comparable Worth Adjustment
00 105
1
I . MOU Community Aide Unit
2 . Social Svcs Union 535 Res 84/348
3 . MOU Social Svcs Unit
4 . Same as 2
j