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HomeMy WebLinkAboutMINUTES - 06051984 - 1.75 THE BOARD OF COMMISSIONERS, HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 1984-1987 Exclusive Representative for Bargaining ) Purposes of Unit Represented by United Brotherhood ) RESOLUTION NO. 3422 of Carpenters and Joiners of America, AFL-CIO, ) Millwrights & Machinery Erectors' Union, Local 102 ) The Board of Commissioners of the Housing Authority of the County of Contra Costa RESOLVES THAT: 1. On June 5, 1984, the Executive Director submitted the Memorandum of Understanding dated June 5, 1984, to be entered into with the United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Millwrights & Machinery Erectors' Union, Local 102, for the following Unit represented by the Union: Maintenance Unit 2. This Board, having thoroughly considered said Memorandum of Understanding, the same is approved and the Executive Director is authorized to execute the same. 3. Salaries and Terms and Conditions of Employment, Local 102. The Memorandum of Understanding with United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Millwrights & Machinery Erectors' Union, Local 102, is attached hereto, marked Exhibit A; and Exhibits B and C are incor- porated herein as if set forth in full and made -applicable to the employees in the above-named unit. 4. This Resolution is effective as of April 1, 1984. PASSED ON June 5 , 1984 by the following vote of the Commissioners: AYES: Commissioners Fanden , Powers , Schroder , McPeak, Torlakson. NOES: None . ABSENT: None . i ABSTAIN: None . CC : Contra Costa County Housing Authority County Administrator County Counsel 00 254 A HOUSING AUTHORITY or ,ms COUNTY OF CONTRA COSTA 3133 ESTUDILLO STREET �alsl,ue saao ,;,,rp MARTINEZ,,CALIF0RNIA94663 CERTIFICATE I, Perfecto Villarreal , the duly appointed, qualified and acting Secretary/Treasurer - Executive Director of the Housing Authority of the County of Contra Costa, do hereby certify that the attached extract from the Minutes of the Regular Session of the Board of Commissioners of said Authority, held on June 5 , 1984 is a true and correct copy of the original Minutes of said meeting on file and of record insofar as said original Minutes relate to the matters set forth in said attached extract. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said Authority this T 5th day of June 1984 (SEAL) N rfe t�llarreal , Secretary 208-jt-82 00 255 MEMORANDUM OF UNDERSTANDING HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA PREAMBLE c� This Memorandum of Understanding is made and entered into as of they day of kvc_cSi✓ , 1984, by and between the Housing Authority of the County of Contra Ccyta (hereinafter called "Authority") and the United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Millwrights 8 Machinery Erectors' Union, Local 102 (hereinafter called "Union") . The Authority is a public body, corporate and politic, organized and existing under and pursuant to the laws of the State of California. As such, the Authority must comply with all applicable laws of the United States and the State of California, including provisions of the Meyers-Milias-Brown Act, and all administrative regulations promulgated by the Department of Housing and Urban Development (hereinafter called "HUD") , pursuant to the Annual Contributions and Administration Contract between it and the Authority. Section 1 . Recognition , The Union is hereby recognized as the exclusive representative for bargaining purposes for all employees performing work falling within the job classification hereinafter set forth at its facilities. The term "employee" as used in this Memorandum of Understanding, unless it is clearly indicated otherwise, shall be deemed to mean only those employees who are included in the bargaining unit hereinafter set forth in Exhibit "A" of this Memorandum of Understanding. Section 2. Management Rights 2.01 The Authority has the right to manage the Authority and to direct the work force, including the determination of staffing requirements, classifications and content of job descriptions. 2.02 The Authority has the right to establish reasonable rules and regulations. Such rules and regulations so established shall be conspicuously posted . 2.03 All management rights and functions, except those which are clearly and expressly abridged by this Memorandum of Understanding, shall remain vested with the Authority. 2.04 The Authority shall have full freedom in determining the qualifications and hiring of new employees for positions covered under this Memorandum of Understanding. Section 3. Union Security 3.01 Dues Deduction 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 unit. Dues deduction shall be based on the voluntary written authorization of the employee which shall remain in effect so long as the employee remains in a unit represented by the Union unless such authorization is cancelled in writing by the employee in accordance with the provisions set forth in Section 3.04. The dues deduction shall be for a specified amount and uniform between members of the Union. The Union shall indemnify, defend, and hold the Authority harmless against any claims made and against any suit instituted against the Authority on account of dues deduction . The Union shall refund to the Authority any amounts paid to it in error upon presentations of supporting evidence. 3.02 Employees hired on or after June 1 , 1982 in classifications represented by the Union shall as a condition of employment at the time of employment complete a Union dues authorization card provided by the Union and shall have deducted from their paychecks the membership dues of the Union . An employee shall have thirty (30) days from the date of hire to decide if he/she does 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 Authority within said thirty (30) day period. If the employee decides not -to become a member of the Union, any Union 00 2r dues previously deducted from the employee's paycheck shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to the Union. If the employee does not notify the Authority 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 Authority 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 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 written completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his/ her right to revoke said authorization. 3.03 Maintenance of Membership All employees represented by the Union who are currently paying dues to the Union and all employees in such units 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 position to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 3.04 . 3.04 Withdrawal of Membership By notifying the Authority in writing within the seven (7) day period preceding the anniversary date of this Memorandum of Understanding, any employee may withdraw from Union membership and discontinue paying dues as of the payroll period following such notice. Immediately upon the close of the above mentioned seven (7) day period the Authority shall submit to the Union a list of the employees who have rescinded their authorization for dues deduction . Section 4. Non-Discrimination 4.01 The Authority and the Union recognize their respective responsibility under federal , state and local laws relating to fair employment practices. In pursuit of these responsibilities and carrying out their obligations under- this Memorandum of Understanding, both parties recognize the moral principles in the area of civil rights and have reaffirmed in this Memorandum of Understanding their joint commitment not to discriminate against any employee because of race, religion, creed, color, age, sex or national origin . 4.02 The Union and the Authority agree to cooperate in pursuing the Authority's policy and plan of affirmative action as provided by HUD. Section 5. No Strike and No Lockout Guarantee 5.01 No strike. The Union and its officials will not, directly or indirectly, take part in any action or strike against the operation of the Authority during the term of this Memorandum of Understanding. 5.02 No lockout. The Authority shall not conduct a lockout of its employees during the term of this Memorandum of Understanding. 5.03 In the event an unauthorized work stoppage occurs, the Union shall , as soon as possible and after written notification by the Authority, post notice at the facilities that such action is unauthorized and promptly take steps to return its members to work. Section 6. Union Stewards and Union Representation 6.01 The Authority recognizes and agrees to deal with the accredited Union Stewards and Representatives of the Union in all matters relating to grievances and the interpretation of this Memorandum of Understanding. -2- 00 25'7 6.02 A written list of the Business Representatives and the Union Stewards, with the specific area they represent, shall be furnished to the Authority immediately after their designation .and the Union shall notify the Authority promptly in writing of any changes of such Union Representatives or Stewards. 6.03 The number of Union Stewards shall not exceed two (2) and a Chief Shop Steward, for a total of three (3) Stewards. Any increase in -the number of Stewards shall be made by written consent of both parties. 6.04 Upon request of the aggrieved employee, a Steward or Business Representative may investigate the grievance and assist in its presentation. He/She shall be allowed reasonable time therefor during working hours without loss of -time or pay, subject to prior notification and approval of his/her immediate supervisor, with grievance time limits extended if such approval is delayed . The Steward may be present at all stages of this grievance. 6.05 Business Representatives of the Union shall be permitted to enter the premises of the Authority at any time during regular working hours for purposes of conducting Union business. The Business Representative shall not interfere with the orderly and effici6r,t operations of the Authority. If the visit requires an extended 'conversation or contact with employees , the Authority may, at its option, designate a particular location where -the conversation shall be held . The Business Representative shall comply with reasonable security, safety and visiting rules . 6.06 During such visit the representatives may inspect any area relevant -to the grievance. A representative of the Authority, at its option, may accompany the parties. In addition, the representatives of the Union may privately interview employees, one at a time who are in possession of facts relevant to the grievance. The interviews shall be held at a place provided by the Authority and for a reasonable period of time. Section 7. Seniority 7.01 Seniority is defined as the length of continuous paid employment and/or authorized absence as provided for in this Memorandum of Understanding. Seniority shall not accrue during periods of leave without pay after an absence of three (3) months. 7.02 All new employees hired shall serve a ninety (90) day probationary period. Permanent positions shall be those positions authorized by the Board of Commissioners in its annual operating budget. Only those employees who have satisfactorily completed their probationary period may be appointed to permanent positions. 7.03 The employee may be released from employment at any time during the proba- tionary period with or without cause and without advance notice and without right of appeal or hearing. 7.04 Probationary employees shall be granted access to the grievance procedures except for probationary releases. 7.05 Any employee who has been on temporary status for more than ninety (90) days and is then transferred to permanent status shall not be required to serve a probationary period, but shall receive all employee benefits effective the date of this permanent classification . 7.06 If a temporary employee is transferred from temporary to permanent status and this temporary status was less than ninety (90) days, the employee must finish out the ninety (90) days ' probationary period from the first date of employment. 7.07 When one ( 1 ) or more employees performing in the same classification are to be laid off for lack of work, reorganization, or purposes of economy, the order of layoff shall be as follows: (a) All temporary employees. -3- 00 250 (b) All probationary employees. (c) All permanent employees in the inverse order of their seniority. (d) Employees affected in (c) above will be allowed to accept demotion to a lower classification if they have previously held that lower classification for a period of at least six (6) months, or can meet the qualifications for the entry level position in any seniority unit, and have seniority over an incumbent in that position or the position is vacant. Employees "bumped" by the foregoing will , for purposes of this Section, be treated as notified of layoff and the same rights will apply. Employees accepting demotion will have their salaries adjusted so that they occupy the same step in the new lower range as they did in their previous range. 7.08 The names of employees laid off shall be entered upon a reemployment list in the inverse order that they were laid off and a copy submitted to the Union. The person ranking highest on the reemployment list for a particular classification shall be offered the appointment when a vacancy exists in that classification. Before being reappointed as provided herein, said laid off employee may be required to complete and satisfactorily pass the pre- employment physical examination currently being used by the Authority for new employees. This provision shall apply only to those employees who have been absent from work for over ninety (90) days. 7.09 Employees shall lose their seniority for the following reasons: (a) Discharge for just cause . (b) Resignation. (c) Failure to return to work when called from Layoff, upon receipt of Certified U. S. Mail , and recalled employee shall have five (5) days to respond . (d) Failure to return to work after expiration of a formal leave of absence. (e) Retirement. (f ) Layoff for a continuous period of one ( 1 ) year or term of employment, whichever is longer. 7. 10 Seniority units are defined in Exhibit "A" of this Memorandum of Understanding. 7. 11 The Authority may determine the required qualifications of employees for the purpose of promotions, transfers, demotions, employment of new employees and in the staffing of new projects or offices. All job openings for development, temporary, new and promotional positions shall be posted in Project Offices on bulletin boards for a period of not less than ten ( 10) working days. In determining the employee's qualifications to meet the requirements, the Authority will take into consideration : (a) The employee's knowledge of the duties to be performed and the equipment to be used, (b) The employee's performance in his/her current assignment or employment, (c) His/Her training, ability and experience, if any, in similar lines of work, and (d) As between current employees applying for promotional position, where merit and qualifications are equal , preference shall be given to the employee with the greatest amount of seniority with the Authority. An employee newly promoted to a higher paid classification, as shown in Exhibit "A", shall be given a trial period of ninety (90) days to prove his/ her ability to perform the higher assignment to the satisfaction of the Authority. During the trial period, the Authority shall review with the employee his/her ,job performance at least once after the beginning of the forty-five (45) day trial period . 7. 12 The Authority shall prepare and maintain a seniority list which shall show the names, classification title, seniority unit, and seniority date of hire of all employees excluding clerical and management. The Union shall be given two (2) copies of the list within thirty (30) calendar days after the date of this Memorandum of Understanding, and thereafter a current list every six (6) months. -4- 00 259 A copy of this seniority unit list, including the same information, shall be posted on each employee bulletin board. This list shall be available for inspection by the employee and his/her Steward . This list shall be deemed correct as to an employee's seniority date unless the employee, or the Steward for the employee, notifies the Authority to the contrary in writing within thirty (30) calendar days after a list is given to the Union. 7. 13 Employees transferred or promoted to other positions within the Authority, but outside the jurisdiction of this Memorandum of Understanding, will retain, but not accrue, their seniority in the event of subsequent transfer back to a position covered by this Memorandum of Understanding . Section 8. Holidays 8.01 The following holidays shall be observed: A. Labor Day Veterans' Day Thanksgiving Day Day After Thanksgiving Christmas New Year's Day Presidents' Day (Washington 's Birthday - Third Monday in February) Memorial Day Independence Day Such other days as the Governing Body may by resolution designate as holidays. B. Each employee shall accrue two (2) hours of personal holiday credit per month. Such personal holiday time may be -taken in increments of one ( 1 ) hour, and preference of personal holidays shall be given to employees according to their seniority in their department as reasonably as possible. No employee may accrue more than thirty-two ( 32) hours of personal holiday credit. On separation from service, an employee shall be paid for any unused personal holiday credits at the employee' s then current pay rate. C. Employees who work on a holiday shall be paid one and one-half ( 1- 1/2) times thier regular rate for all hours worked in addition to their earned holiday payment. 8.02 If any holiday listed in section (A) falls on a Saturday, it shall be celebrated on the preceding Friday. If any holiday listed in section (A) falls on a Sunday, it shall be celebrated on the following Monday . 00 260 -5- Section 9. Vacation Leave 9.01 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. Vacation credits may not be taken during the first six (6) months of employment except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. 9.02 Vacation Accrual Rates Employees' vacation credits accrue and the maximum accumulation thereof is as follows: All permanent employees employed under the terms of this Memorandum of Understanding shall, accrue vacation pay subject to the following schedule. Monthly Accrual Maximum Cumulative Length of Service Hours Hours Under 11 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 9.03 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. 9.04 Vacation Allowance for Separated Employees On separation from Authority service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 9.05 Preference of vacation shall be given to employees according to their seniority in their department as reasonably as possible. Section 10. Paid Sick Leave 10.01 Commencing with the second calendar month of employment, all full -time permanent employees shall accumulate sick leave credit from the first day of employment on the basis of eight (8) hours per month. 10.02 Sick leave credit earned but not used may be carried from year to year, and upon retirement may be applied to longevity in the County Retirement Plan. 10.03 Earned sick leave pay shall be granted only in cases of bonafide illness or accident of the employee or immediate family. ( Immediate family is defined as spouse, son, daughter, or stepchildren within the household, father mother, brother, sister of employee . ) A doctor's certificate or other reasonable proof of illness may be required by the management and may be subject to verification by the Authority. 00 201. -6- 10.04 For the purpose of this Section, full pay shall mean pay for the regular daily schedule of working hours, for those days which the employee would have worked had the disability not occurred, calculated at the employee's straight- time rate. 10.05 The amount of sick pay allowance payable shall be reduced by any temporary disability benefits or indemnity that employee may become entitled to under or by virtue of any federal , state or other statutory disability benefits or Workers' Compensation Fund. The sum of the two payments will equal full sick pay allowance. Benefits derived from -temporary disability will be used to repurchase, on an hourly basis, charges against sick leave. Section 11 . Jury Duty Pay 11 .01 The Authority agrees to pay a full eight (8) hours' pay at the straight-time hourly rate for each day a full -time employee is required to serve, and does serve on any jury, and/or for any day on which an employee is required to report, and does report for examination as to their fitness for jury duty , provided the employee is scheduled to work on the days involved. The employee, however, will be required to turn in to the Authority the jury duty fee (excluding mileage allowances) . Before Court leave is granted, the employee must submit a copy of the official summons to his/her immediate supervisor prior to the beginning date of such duty or service. Any time worked by an employee on a day that he/she is required to serve on a jury will be included as part of the eight (8) hours' jury duty pay. 11 .02 If an employee is called as a witness in a case where the Authority is involved, said employee shall receive pay at the prevailing straight-time rate for the hours actually involved in attendance at Court. Section 12. Bulletin Boards 12.01 The Authority shall provide the Union with space on bulletin boards in areas where the Union has employees it represents for the purpose of posting Union notices. Such notices may be posted by the Steward, although not limited to the following, the notices may include: (a) Recreational and social events of the Union. (b) Union meetings. (c) Union elections, appointments. (d) Results of Union elections. 12.02 In the event a dispute arises concerning the appropriateness of material posted, the Business Representative of the Union will be advised by the Executive Director of the nature of the dispute and the notices will be removed from the bulletin boards until the dispute is resolved . Section 13. Leave of Absence 13.01 Upon written request, a Leave of Absence without pay may be granted to any permanent employee with at least one ( 1 ) year of service, for a period not to exceed twelve ( 12) months, with prior approval of the Executive Director, for the following reasons: (a) Illness or disability not covered by paid sick leave. (b) Pregnancy. (c) Education which would relate -to the employee's career with the Authority. (d) Other good reasons. 13.02 If Leave of Absence has been granted in excess of six (6) months, the employee on leave shall not be returned to the position he vacated unless that position is open at the time he/she reports for work. He/;he may, however, be granted preferential hiring rights for the first position of similar job classifica- tion which is open at a later date. 00 202 13.03 Requests for Leave of Absence shall be submitted to the Executive Director and shall state specifically the reason for the request, the date it is desired to begin , and the probable date of return . 13.04 If Leave of Absence has been granted for a period of six (6) months or less, the employee on leave may be returned to a position of the same classification and pay when he returns to work, assuming -that -the employee 's health condition permits said assignment. 13.05 All accumulated annual leave shall be used prior to being granted Leave of Absence, with the exception that utilization of accumulated annual leave, in the case of pregnancy, shall be optional with the employee. 13.06 Employees may not accrue annual or sick leave while on Leave of Absence; however, employees returning to work following a Leave of Absence shall retain their accumulated sick leave. 13.07 All premiums required under the Authority's health and welfare program must be paid by the employee while on Leave of Absence if health and welfare benefits are to continue for said employee. 13.08 For an employee granted a Leave of Absence for medical reasons, the Authority may request said employee to complete satisfactorily an employment health examination, at the expense of the Authority, before return to active employment. 13.09 The Authority agrees that it will grant to all employees, upon notification of the employee's supervisor, leave for up to five (5) working days, with pay at his/her regular rate for the purpose of arranging for and/or attending the funeral in the event of death in the immediate family of such employee. It is understood that "immediate family" shall mean father, mother, spouse, child, brother, sister, grandparents and in-laws of the employee, step parents or step children, or any relative or dependent of the employee residing in -the home of the employee at the time of death. Upon the approval of the Executive Director accrued sick leave may he used to attend the funeral of friends or distant relatives. 13. 10 Leave in excess of five ( 5) days will be charged to the employee's accumulated sick leave or annual leave account. Section 14 . Rest and Clean Up Periods 14.01 All employees shall be granted and take a rest period of fifteen ( 15) minutes during each half shift or four (4) hours of work. The rest periods shall be paid at the employee's prevailing rate. 14.02 Maintenance employees shall be allowed ten ( 10) minutes immediately prior to the end of each half of any shift for the purpose of personal clean up. These ( 10) minutes shall be paid at the employee's prevailing rate. 14.03 When overtime is worked, employees shall have a rest period of fifteen ( 15) minutes at the end of their regular shift and one every two (2) hours there- after. Section 15. Work Rules 15.01 The normal work schedule for full -time employees shall be eight (8) hours per day, Monday through Friday, during the hours of 8:00 A.M. to 4 :30 P.M. 15.02 Lunch Period The regular lunch period shall be not more than five (5) hours after start of the regular shift. Any employee who works more than five ( 5) hours Prior to a meal period shall be paid for all time in excess of said five (5) hour period at the prevailing overtime rate until a meal period is provided (such pay shall be calculated in one-half ( 1/2) hour- increments) . If -the job circumstances require employees to work more than ten ( 10) hours on a shift, they shall have a second meal period of one-half ( 1/2) hour, such meal period to be paid for at the prevailing overtime rate. Additional meal periods shall be provided every four (4) hours thereafter. 15.03 Any employee who is called back to duty shall be paid at the appropriate rate for the actual time worked . Such employee called back shall be paid a minimum of two (2) hours at the appropriate rate for each call back. 00 20 4 -8- Section 16. Health and Safety 16.01 The Authority shall make reasonable provisions to insure the safety and health of each employee during the hours of their employment. Employees shall be required to use all safety clothing and protective devices which will be made available by the Authority and shall also be required to observe safety rules promulgated for their protection. Each employee shall be expected to immediately report any unsafe practice or condition of which they are aware to their supervisor. 16.02 Safety goggles or shields shall be furnished by the Authority and used by employees where required by state or federal safety standards and laws. 16.03 Gloves, rainsuits, coveralls and rubber boots shall be furnished by the Authority where it is deemed necessary by the Authority for protection of the employee or his/her clothing. 16.04 A safety committee shall be established . Said committee shall concern itself with reviewing work procedures and submitting its recommendations on safety standards to the Senior Safety Committee. Said committee shall consist of a Shop Steward and a representative of management which shall meet monthly. Section 17. Miscellaneous 17.01 No present employee's wages shall be reduced as a result of the classifications and wage rates established herein . 17.02 The Authority will provide sufficient sanitary restroom facilities for employees. Employees will be expected and required to cooperate in maintaining sanitary facilities for their use. 17.03 Military leave will be governed by existing laws. 17.04 Employees required to drive Authority vehicles as part of -their job shall maintain while actively employed by the Authority: (a ) A current valid California driver's license; and (b) A driving record acceptable to the Authority's auto insurance carrier and which will not cause the Authority to be required to pay excessive insurance premiums. 17.05 Each employee who is changing status to a position involving substantially different physical demands and environmental conditions than -the previously held position shall be required to meet health standards appropriate to the posi - tion to which appointed, as determined by a licensed physician qualified in industrial medicine. A health examination shall be conducted by a licensed physician, qualified in industrial medicine, and said examination may include: complete case history, x-ray, laboratory tests and other pertinent medical reports and tests. The cost for medical examination shall be paid by the Authority. 17.06 Payday shall be on a bl-weekly basis. Section 18. Wages and Classifications 18.01 Salary Schedules Wages shall be paid in accordance with the salary schedule as set forth in Exhibit "A" of this Memorandum of Understanding. The first step in each range is the minimum rate and shall normally be the entry (hiring or promotion) rate for the classifications. The Executive Director may approve appointment at a higher step. The second step shall be paid after the completion of six (6) months of satisfactory service at the first step. The third step shall be paid at completion of twelve ( 12) months of satisfactory service of the second step . Permanent employees temporarily transferred to Development Positions shall maintain their permanent position and shall be entitled to permanent employee benefits as set forth in this Memorandum of Understanding. An employee promoted or reclassified to a higher classification shall be paid in the new position at least five percent (5%) above the salary rate he/she was receiving in the position from which promoted or reclassified . 18.02 Maintenance wage rates shall be established in accordance with current HUD procedures and transmitted to the Authority, with a copy to the Union. 0 2 63 4 -9- 18.b3 The salary assigned to each existing classification and the salary assigned to each new or changed classification shall remain in effect during the term of this Memorandum of Understanding unless the job content or a classification is substantially changed . 18.04 In the event a new classification is established or an existing classification is changed, the Authority shall assign it a salary rate on the basis of the relative value of the elements of the new or changed classification in comparison with the elements of the existing classifications and furnish a copy to the Union and post on bulletin boards. 18.05 Any dispute arising over an individual employee's assignment within the salary or wage classification system, as provided for within the Memorandum of Understanding, shall be subject to the grievance procedure as provided elsewhere in this Memorandum of Understanding. Section 19. Employment 19.01 Permanent Positions Permanent positions shall be those positions authorized by the Board of Commissioners in its annual operating budget . Only those employees who have satisfactorily completed their probationary period may be appointed to permanent positions. 19.02 Temporary Positions Temporary positions shall be those positions authorized by the Board of Commissioners for a duration not to exceed six (6) months. Employees hired for temporary positions shall be considered temporary employees. Temporary employees will become permanent employees if they serve more than twelve ( 12) months in an eighteen ( 18) month period in a temporary position. 19.03 Development Positions Development positions shall be those positions authorized by the Board of Commissioners for special projects (housing development projects, moderniza- tion projects, redevelopment projects and similar special projects) . 19.04 Part-Time Appointments Part-time appointments may be made to fill positions authorized by the Board of Commissioners where the normal workweek would be less than twenty-five (25) hours. 19.05 Employees newly appointed to temporary positions or development positions shall not be eligible for the Contra Costa County Employees' Retirement Plan . 19.06 The pay rate for temporary employees or part-time employees shall be at the first step of the classification assigned to the position . 19.07 Part-time employees working less than twenty-four (24) hours per week shall not be eligible for the following : (a) Contra Costa County Employees ' Retirement Plan (b) Medical , dental and group life insurance (c) Paid holidays Section 20. Employee Benefit Programs 20.01 The Authority agrees to maintain comparability with the County of Cont-ra Costa for its represented employees with respect to: (a) Blue Cross Health Plan (b) Kaiser Foundation Health Plan (c) I . P. M. (d) California Dental Plan (e) Safeguard ( f) Contra Costa County Health Plan (g) HEALS Plan (h) Contra Costa County Employees' Retirement Plan ( i ) Life, accidental death and disability Insurance The Authority will retain direct contracts with Blue Cross, Kaiser, California Dental Service and Contra Costa County Employees' Retirement Plan for said coverage. 00 265 - 10- 20.02 Commencing with the first day of the following month after the date of initial employment, employees hired for permanent positions shall become participating members in those plans outlined in 20.01 above. 20.03 Retirement Any employee may retire prior to his/her sixty-fifth (65th) birthday, in accordance with the rules and regulations and payment options set forth in the Contra Costa County Employees' Retirement Plan . Section 21 . Overtime Pay and Shift Differential 21 .01 Each hour worked in excess of eight (8) hours in a day or forty (40) hours in ,a week shall be paid at one and one-half ( 1-1/2) times the employee.'s regular rate. 21 .02 The Authority agrees to distribute weekend overtime hours equally whenever practical among employees in their respective classifications and departments on a seniority basis. Notice for weekend scheduled overtime will be given by the end of the shift on Thursday. Notice for daily scheduled overtime will be given at least one ( 1 ) hour before the end of the employee's regular shift. Employees who have received the proper notice to work overtime but refuse such overtime shall be charged for such hours in respect to the maintenance of an equal and practical overtime distribution listing as provided in this Section. Section 22. Grievance and Arbitration Procedure 22.01 It is the intent of the parties to this Memorandum of Understanding to anticipate and diminish causes of grievances and to settle any which arise, informally at the lowest practical level of supervision and as fairly and promptly as possible. Therefore, it is agreed that there should be time limits between the initiation of a grievance and its occurrence, between steps of the grievance procedure and the time in which each answer must be given . Any grievance not initiated or pursued by the Union, aggrieved employee, or the Authority, as the case may be, within these time limits, will be considered settled on the basis of the last timely demand or answer by the Authority, as -rhe case may be, unless the time is extended by agreement of both parties. At each step of -the grievance procedure, the Authority shall make available any record relied upon to sustain the action which gave rise to the grievance and any other information necessary and pertinent to the processing of the grievance. A grievance is any dispute between (a) the parties; (b) the Authority and an employoe or employees; or (c) between or among employees, with respect to the meaning, interpretation, application or enforcement of this Memorandum of Understanding or any terms or provisions thereof . 22.02 Grievances will be processed in the following manner and within the stated time limits: Step 1 The initial presentation of a grievance shall be to the Maintenance Supervisor within five (5) working days following the occurrence of the event, or date of discovery of the event, upon which the grievance is based. The initial presentation may be given orally or in writing, using the Grievance Form (Exhibit "B") as furnished by the Authority. The Maintenance Supervisor shall give his written reply to -the aggrieved employee and Steward, signed and dated, within five (5) working days of the date of presentation of any grievance so reduced to writing. Step 2 If such grievance is not settled in Step 1 above, it shall be presented to the Director of Housing Operations within five (5) working days after the Maintenance Supervisor' s written answer is given. The Director of Housing Operations shall reply in writing, signed and dated, to the Chief Steward within five (5) working days of the date of presentation of the written grievance. Step 3 If the grievance is not settled at Step 2 above, it shall be presented to the Executive Director or his/her designated representative within five (5) working days following delivery of the Director of Housing Operations' response. -] I- 00 266 The grievance shall be presented along with all pertinent written material to date, and witnesses where required . If the grieving employee or group of employees wishes Union representation in the presentation of the case before the Executive Director, or his/Her designated representative, such represen-t;_�jtion shall consist of not more than two (2) representatives of the Union. The Executive Director shall reply to the grievance in writing to the Union office within ten ( 10) working days of the date of presentation of the written grievance. The Union or the Authority may initiate their grievances at this Step 3 of the grievance procedure. Any grievance by the Authority against the Union may be filed with the Union Business Representative. Step 4 A grievance which is not settled by the Executive Director may be appealed in writing for final determination to an arbitrator. The written notice of appeal must be filed with the Executive Director within seven ( 7) days of receipt of his/her written reply. ARBITRATION If the grievant selects arbitration, the following shall apply : Selection: Within fourteen ( 14) days after receipt of the notice of appeal , the Executive Director and the grievant(s) shall proceed with the Executive Director and the Union trying to select a mutually acceptable arbitrator who agrees to serve. If the parties cannot agree, a list of five (5) arbitrators will be obtained from the California State Conciliation Service, American Arbitration Association, or some other source mutually agreed upon, and each party (beginning by lot) shall alternatively strike one name from the list until one name remains, who shall be the arbitrator if he/she agrees to serve. If he/she will not serve, the process shall be repeated until an arbitrator is found . Evidence: Neither party shall be permitted to assert in the arbitration proceedings any fact or report or written stipulation or any evidence which has not been submitted to the other party during the prior levels of the grievance procedure. Should new evidence become available: the procedure shall revert back to Step 3. The Arbitration: The arbitrator shall promptly hold a hearing and shall issue his/her decision not later than thirty (30) days from the date of the close of the hearing or, if oral hearings have been waived, from the date the final written statements and arguments are submitted to him/her by the parties. His/her decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues, and shall be -final and binding on the parties. Costs: The fees of the arbitrator ( including any per diem expenses, travel and subsistence expenses) , the cost of any hearing room and the cost of preparing the transcript of the hearing, if any, for the arbitrator shall be borne half by the Authority and half by the Union. All other costs and expenses shall be borne by the party incurring them. - 12- Copies of the decision will be furnished -to both parties. The arbitrator shall have no authority to add to, delete from, or alter any provision of this Memorandum of Understanding, but shall limit his/her decision to the scope, application and interpretation of the provisions of this Memorandum of Unuerstanding and shall make no decisions in violation of existing law. In case of a grievance involving any money claim against the Authority, no award shall be made by the arbitrator which shall allow any alleged accruals prior to the date when such grievance shall have been presented to the Authority in writing, except in cases whereby the employee or the Union, due to lack of knowledge, could not know prior to that date that there were grounds for a claim. In such cases, retroactive claims shall be limited to a period of sixty (60) calendar days prior to the date the claim was first filed in writing. 22.03 Grievances Relating to Discharge Grievances relating to an employee who is discharged or laid off out of seniority will be presented at Step 2 of the grievance procedure within five (5) working days. 22.04 Time Limits Grievances not appealed to the next higher step within the time limits as set forth in the above procedure shall be considered settled on the basis of the last answer and no further appeal may be made. 22.05 Payment of Wages The Authority will pay for the employee's time in processing grievances in Steps 1 through 3 during the employee's regular working hours only. If the meeting continues to the end of the regular shift, the meeting may go on without pay or resume the next day. Section 23. Disciplinary Actions 23.01 Notification of Inadequate Job Performance If an employee's job performance falls below the acceptable standards and such inadequate job performance would result in adverse salary action, demotion or discharge, a written report using approved form (Exhibit "C") shall be prepared by the Maintenance Supervisor, including suggestions for corrective action if appropriate. The report shall be discussed with the employee and his/her Steward and a copy shall be given to him/her and a copy filed In his/her personnel file. These written reports shall be removed from the employee's personnel file after the corrective action has been completed to the satisfaction of management or one ( 1 ) year. This report shall be separate from any personnel evaluation. 23.02 Causes for disciplinary action are any just causes as may be appropriate. 23.03 Disciplinary Actions Defined A. Oral Reprimand: The rule and/or standards of conduct is explained and it is made clear that continued misconduct will not be condoned . The employee is warned that future violations will make stronger action necessary. B. Written Reprimand : The employee is informed in writing that his/her misconduct is in violation of rules and/or standards and that another infraction will result in loss of pay or job. C. Suspension: An involuntary absence without pay for disciplinary purposes for a period up to and including thirty (30) clays. Disciplinary suspension longer than thirty (30) days will occur only as a result of the decision of an arbitrator in accordance with Section 22 of this Memorandum of Understanding or as a result of a settlement of a grievance in accoreance with Step 3 of Section 22.02 of this Memorandum of Understandinq. D. Demotion: The required reduction of an employee from a position in one class to a position in a class having a lower salary range allocation. E. Discharge: Removal from a position of any employee having permanent status in the service of the Authority. -13- C.. � 23.04 Order of Disciplinary Action The Authority may take disciplinary action for just cause against an employee by notifying the employee and Steward of the action in writing. Notice of disciplinary action must be in writing and served on the employee in person or by registered mail prior to the disciplinary action becoming effective. The notice must be served within five (5) days of knowledge of occurrence and shall include: (a) Statement of the nature of the disciplinary action. (b) Effective date of the action to be date of receipt at end of work shift; (c) Statement of the cause thereof ; (d) Statement in ordinary language of the specific act or the omissions upon which the cause is based; (e) Statement advising the employee of his/her right to appeal such action, and the right to representation. If the disciplinary action consists of suspension, any suspension time previously given shall be credited to the final discipline assessed . 23.05 Appeal Within ten ( 10) working days of service upon the employee by the Executive Director of an order of discharge, regular suspension or disciplinary demotion, the employee may file an appeal under the grievance procedure in Step 3. All appeals shall be in writing and served on the Executive Director in person or by registered mail . Section 24. Temporary Assignments 24.01 Effective within ten ( 10) working days where an employee is temporarily assigned by the Authority to a position in the bargaining unit with a higher maximum rate than that of the employee's regular assignment and the employee assumes full responsibility and takes over all work associated with the position, the employee shall receive the higher rate of pay on a daily basis. Said performance of higher duties shall be done only upon prior written authorization of the Executive Director. 24.02 Effective with the eleventh ( 11th) working day where an employee, pursuant to a temporary assignment, relieves a management employee, such employee shall receive an additional Five Dollars ($5.00) per day; provided that in no case shall an individual employee be so assigned for more than sixty (60) days for any one period or assignment. Said performance of higher duties shall be done only upon prior written authorization by the Executive Director. 24.03 During the period of any temporary assignment covered by the preceding sections of this Section, the employee shall be given wage progression treatment according to the schedule for his regularly assigned job and in computing this wage progression treatment. 24.04 The payments provided for in paragraphs 1 , 2- and 3 of this Section shall be considered part of the employee's basic hourly rate only for the purpose of computing daily or weekly payments where applicable under the provisions of this Memorandum of Understanding. Section 25. Saving Clause 25.01 Should any part hereof, or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legis- lation, or by a decree of a court of competent jurisdiction such invalidation of such part, or portion of thi9s Memorandum of Understanding shall not invalidate any remaining portions, which shall continue in full force and effect. The Union and the Authority shall , within thirty (30) days , negotiate the affected portion of this Memorandum of Understanding . Any modification or changes in the Memorandum of Understanding brought about by the above negotiations shall be in writing and signed by the parties hereto. -14- 25.02 The waiver of performance of any obligations of the Sections of the Memorandum of Understanding by either party at any time or for any period shall not be construed as a waiver of the right of such parties to insist upon full performance of such obligations thereafter. Section 26. Term 26.01 This Memorandum of Understanding shall be for three (3) years, commencing on April 1 , 1984 and shall terminate on March 31 , 1987. 26.02 Written notice of desire to negotiate amendments as an extension of this Memorandum of Understanding or a new Memorandum of Understanding must be given by either party to the other party at least sixty (60) days prior.. to the expiration date. Negotiations therefor shall commence no less than thirty (30) days prior to expiration of said Memorandum of Understanding . If a notice is given, as specified above, and complete agreement upon modifi - cations or amendments to this Memorandum of Understanding has not been reached by the expiration date, it may be temporarily extended by mutual agreement for a period of thirty (30) days. MILLWRIGHTS 8 MACHINERY ERECTORS HOUSING AUTHORITY OF THE UNION LOCAL 102 COUNTY OF CONTRA COSTA By By BY /G/- By By J -15- DO 270 EXHIBIT "A" MINIMUM HOURLY RATES MAINTENANCE OPERATIONS STEP I STEP II STEP III Custodian Maintenance Worker 8.93 9.23 9.68 Maintenance Mechanic 10. 72 11 .25 11 .79 Employees assigned to the Maintenance Worker Classification as of the date of the signing of this Memorandum of Understanding who have hourly wage rates more than those rates specified above shall be maintained at their present hourly rate and shall be entitled .to any salary increases which may be granted to other employees assigned to the Maintenance Worker Classification for as long as such incumbents shall remain assigned to that classification . 00 2ti EXHIBIT "B" MILLWRIGHTS LOCAL 102 TO: (Maintenance Supervisor) AGGRIEVED EMPLOYEE: ADDRESS: WAGE DEPARTMENT: CLASSIFICATION RATE: NAME OF COMPANY: DATE GRIEVANCE OCCURRED: NATURE OF GRIEVANCE: , The Undersigned aggrieved employee having processed his/her grievance in accordance with Section 22.02, Grievance Procedure, does hereby appeal his/her grievance and assigns to .Local 102 this grievance for final agreement and/or disposition . (Signature of Aggrieved Employee) (Witness: Department Steward) (Date) EXHIBIT "B" MAINTENANCE SUPERVISOR'S ANSWER: (Maintenance Supervisor' s Signature) (Date) DIRECTOR OF HOUSING OPERATIONS' ANSWER: (Director of Housing Operations' Signature) (Date) EXECUTIVE DIRECTOR'S ANSWER: (Executive Director's Signature) (Date) UNION'S FINAL POSITION: (Chief Steward 's Signature) (Date) -2- 00 2 EXHIBIT «C" REPORT OF DISCIPLINARY ACTION EMPLOYEE: DEPARTMENT OR PROJECT: CAUSE FOR DISCIPLINARY ACTION: DISCIPLINARY ACTION AND EFFECTIVE DATE: --------------------------------------------------------------------------------------- EMPLOYEE'S RIGHT OF APPEAL Within ten ( 10) working. days of service upon the employee by the Executive Director of an order for dismissal , regular suspension or disciplinary demotion, the employee may file an appeal under the Grievance Procedure. All appeals shall be in writing and served on the Executive Director in person or by registered mail . SIGNATURE OF SUPERVISOR: DATE: SIGNATURE OF STEWARD: DATE: SIGNATURE OF EMPLOYEE: DATE: a Apri 1 24, 1984 Mr. Edward Vincent Millwrights' & Machinery Erectors' Union, Local 102, AFL-CIO 8460 Enterprise Way Oakland, California 94621 Dear Mr. Vincent: This is to confirm the understanding reached during the course of the 1984 negotiations for a new Memorandum of Understanding between the Millwrights Union Local No. 102 and the Contra Costa County Housing Authority. In the event the Board of Supervisors of Contra Costa County declares Martin Luther King's Birthday as a holiday for employees of the County, the Housing Authority will grant such holiday to the employees of the Housing Authority. The granting of the holiday by the Housing Authority shall be based upon the same, or similar conditions as the granting of the holiday for County employees. If the foregoing is in conformance with your understanding, please indicate your acceptance and approval in the space provided below. Dated: `�- (-? - �/G APPROVED AND ACCEPTED HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA MILLWRIGHTS' & MACHINERY ERECTORS' UNION, LOCAL 102, AFL-CIO l QQ By By By-_ 0 0