HomeMy WebLinkAboutMINUTES - 06031986 - 1.72 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 3, 1986 by the following vote:
AYES: Supervisors Fanden, McPeak , Schroder , Torlalrson , Por7ers .
NOES : None .
ABSENT: None.
ABSTAIN: None
SUBJECT: )
1985-87 Compensation for Employees ) ,
in Units Represented by California ) 86/ 306
Nurses Association ) I
The Contra Costa County Board of Supervisors RESOLVES THAT:
1. On June 3, 1986, the Employee Relations Officer submitted the
Memorandum of Understanding dated June 3, 1986, with attachments A through C
entered into with California Nurses Association and the following units repre-
sented by the Association:
Registered Nurse Unit
2. This Board having thoroughly considered said Memorandum of
Understanding, the same is approved.
3. Salaries and Terms and Conditions of Employment. California Nurses
Association. The Memorandum of Understanding with California Nurses Association
is attached hereto, marked Exhibit A; and Section Numbers 1 through 53 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 July 1, 1985.
I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of-the
Board of.Supervisors on the date shown.
t ATTESTED: K.
�`. PHIL BA HELOR, Clerk of the Board
of Supervisors and County Administrator
Orig: Personnel Department
County Administrator-
County Counsel
Auditor--Controller
California Nurses Association
Health Services
I .E.D.A./via Personnel
RESOLUTION No . 86/306
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Memorandum of Understanding
Between
Contra Costa County
And
California Nurses' Association
This Memorandum of Understanding is entered into pursuant to the authority con-
tained in Board of Supervisors Resolution 81/1165 and has been jointly prepared
by the parties.
The Employee Relations Officer (County Administrator) is the representative of
Contra Costa County in employer-employee relations matters as provided in Board
of Supervisors Resolution 81/1165, Section 34-8.012.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees of said represen-
tation unit, and have freely exchanged information, opinions and proposals and
have endeavored to reach agreement on all matters relating to .the employment
conditions and employer-employee relations of such employees.
This Memorandum of Understanding shall be presented to the Contra Costa County
Board of Supervisors as the joint recommendation of the undersigned for salary
and employee benefit adjustments for the period beginning July 1, . 1985 and
ending December 31, 1987.
Definitions:
A. "Appointing Authority" means Department Head unless otherwise pro-
vided 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 descrip-
tive title may be used to designate each position allocated to the
group.
C. "Class Title" means the designation given to a class, to each posi-
tion 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
otherwise provided for in this Memorandum of Understanding, in the
Personnel Management Regulations, or in specific resolutions
governing deep classifications.
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t,
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 for whom a 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" means a list of persons who have occupied positions
a located to a class in the Merit System and who have been A nvolun
tarily separated 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 scheduled less than full-time basis.
M. "Permanent Position" means any position which has required, or
which .will require the services of an incumbent without interrup
tion, for an indefinite period.
N. "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.
0. "Position" means the assigned duties and responsibilities calling
for the regular full-time, part-time or intermittent employment of
a person.
P. "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 pro-
vided for in the Personnel Management Regulations, deep class reso-
lutions or other ordinances.
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' Q. "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,"
or responsibility of duties performed in such position._
R. "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 qualiffed .for consideration for reap-
pointment under the Personnel Management Regulations governing .
reemployment.
S. "Resignation" means the voluntary termination of permanent
employment with the County. -
T. "Temporary Employment" means any employment which will require the
services of an incumbent for a limited period of time, paid on an..
hourly basis, not in an allocated position or in permanent status. =
U. "Transfer" means the change of an employee who has permanent status
in a position to another position in the same class in a. different
department, or to another position in a class which is allocated to
a range on the salary plan that is within five (5) percent at top
step as the class previously occupied by the employee.
Section 1 - Recognition
1.1 Association Recognition. California Nurses' Association is the formally
recognized employee organization for the Units listed below and such organiza-
tion has been certified as such pursuant to Chapter 34-12 of Resolution 81/1165.
A. Registered Nurses' Unit
Section 2 - Association Security
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Resolution 81/1165 only a
majority representative may have dues deduction and as such the Association has
the exclusive privilege of dues deduction for all members in its units.
2.2 Agency Shop.
A. The Association agrees that it has a duty to provide fair and non-
discriminatory representation to all employees in all classes in
the units for which this section is applicable regardless of
whether they are members of the Association.
B. All employees employed in the representation unit on or after the
effective date of this Memorandum of Understanding shall , effective
as provided in Subsection H and continuing until the termination of
the Memorandum of Understanding, either:
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I, Become and remain a member of the Association or;
2. pay to the Association, an agency shop fee in an amount
equal to the standard initiation fee, monthly dues, and
general assessment 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 .T.rust .- =
Fund, Child Abuse Prevention Council and Battered
Women' s Alternative.
C. The provisions of Subsection B shall not apply during periods that
an employee is separated from the representation unit but shall be
reinstated upon the return of the employee to the representation
unit. The term separation includes transfer out of the unit,
layoff and leave of absence with a duration of more than thirty
(30) days.
D. Annually the Association 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
termination of all agency shop fee deductions without jeopardy to
any employee, until said report is filed.
E. Current Employees and New Employees.
1. An employee hired into a job class represented by the
California Nurses Association shall be provided, through the
County Personnel Department, with an "Employee Authorization
for Payroll Deduction" card. Said employee shall have thirty
(30) calendar days to fully execute the authorization form of
his/her choice and return said form to the County Personnel
Department.
2. If the card is not returned within thirty (30) calendar days,
or if the Association reports that an agency shop fee in lieu
of the initiation fee or a general assessment has not been
paid, the employee 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
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Notice shall have until the return date shown in the Skelly
Notice to either file the authorization card, pay the ini-
tiation 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 defending appeals from dismissal shall
be reimbursed by the Association.
F. The Association shall indemnify, defend and save the County harmless
against any and all claims, demands, suits, orders, or judgments,
or other forms of liability that arise out of or by reason of this
Agency Shop Section, or action taken or not taken by the County Under
this Section. This includes but is not limited to the County' s
attorney fees and costs.
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. The County Personnel Office shall furnish a complete and full list
of all employees represented by the Association as soon as feasible
after the execution of the new Memorandum of Understanding and
shall furnish a monthly list of all new hires to the Associatin
thereafter.
2.3 Communicating With Employees. The Association shall be allowed to use
designated portions of bulletin boards or display areas in public portions of
County buildings or in public portions of offices in which there are employees
represented by the Association, provided the communications displayed have to do
with matters within the scope of representation and further provided that the
employee organization appropriately posts and removes the information. The
department head reserves the right to remove objectionable materials after noti-
fication to and discussion with the Association.
Representatives of the Association, not on County time, shall be permitted to
place a supply of employee literature at specific locations in County buildings
if arranged through the Employee Relations Officer; said representatives may
distribute employee organization literature in work areas (except work areas not
open to the public) if the nature of the literature and the proposed method of
distribution are compatible with the work environment and work in progress:
Such placement and/or distribution shall not be performed by on-duty employees.
The Association shall be allowed access to work locations in which it represents
employees for the following purposes:
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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 an
Association officer on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each
such instance advance arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the departmental repre-,
sentative in charge of the work area, and the visit will not interfere with
County services.
2.4 Use of County Mail System. The Association may distribute materials to
designated Association representatives through the County distribution channels
if approved by the Director of Personnel . The decision of .the Director of -
Personnel is final and not subject to the grievance procedure. This privilege
may be revoked in the event of abuse after the Director of Personnel consults
with the Association.
2.5 Use of County Buildings. The Association shall be allowed the use of
areas normally used for meeting purposes for meetings of County employees during
non-work hours when:
A. Such space is available and its use by the Association is scheduled
twenty-four (24) hours in advance;
B. There is no additional cost to the County;
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 main-
tain scheduling of such uses . The Association shall maintain proper order at
the meeting, and see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly
prohibited, even though 'it may be present in the meeting area.
2.6 Advance Notice. The Association shall , except in cases of emergency,
have the right to reasonable notice of any ordinance, rule, resolution or regu-
lation directly relating to matters within the scope of representation proposed
to be adopted by the Board, or boards and commissions designated by the Board,
and to meet with the body considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a propo-
sal at least seventy-two (72) hours before the item will be heard, or the deli-
very 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 and commissions designated by
the Board determines it must act immediately without such notice or meeting, it.
shall give notice and opportunity to meet as soon as practical after its action.
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2.7 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification in any of the
bargaining units represented by the Association, that the employee' s classif-
ication represented by the Association and the name of a representative of the
Association. The County will provide the employee with a packet of information
which has been supplied by the Association and approved by the County.
2.8 Assignment of Classes to Bargaining Units. The County shall assign new
classes in accordance with the following procedure:
A. Initial Determination. When a new class title is established, the
employee relations off icer shall review the composition of existing
representation units to determine the appropriateness of including
some or all of the employees in the new class in one or more
existing representation units, and within a reasonable period of
time shall notify all recognized employee organizations of his
determination.
B. Final Determination. His determination is final unless within ten
10 days after notification a recognized employee organization
requests in writing to meet and confer thereon.
C. Meet and Confer and other Steps. He shall meet and confer with
such requesting organizations and with other recognized employee
organizations where appropriate) to seek agreement on this matter
within sixty (60) days after the ten (10) day period in Subsection
B, unless otherwise mutually agreed. Thereafter, the procedures in
cases of .agreement and disagreement, arbitration referral and
expenses, and criteria for determination shall conform to those in
Subsections D through I of Section 34-12.008 of Board of
Supervisors Resolution 81/1165.
Section 3 - No Discrimination
There shall be no discrimination because of race, creed, color, national origin,
sexual orientation or Association activities against any employee or applicant
for employment by the County or by anyone employed by the County; and to the
extent prohibited by applicable State and Federal law there shall be no discri-
mination because of age. There shall be no discrimination against any han-
dicapped person. solely because of such handicap unless that handicap prevents
the person from meeting the minimum standards established for the position.
There shall be no discrimination because of Association membership or legitimate
Association activity against any employee or applicant for employment by the
County or anyone employed by the County.
Section 4 - Nurse Representatives
4.1 Attendance at Meetings. Employees designated as nurse representatives
of the Association shall be allowed to attend meetings held by County agencies
during regular working hours on County time as follows:
A. If their attendance is required by the County at a specific
meeting;
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B. if their attendance is sought by a hearing body or presentation of
testimony or other reasons;
C. if their attendance is required for meetings scheduled at reaso-
nable times agreeable to all parties required for settlement of
grievances filed pursuant. to Section 23 - Grievance Procedure of
this Memorandum;
D. 'if they are designated as a nurse representative in which case they
may utilize a reasonable time at each level of the proceedings to
assist an employee to present a grievance, provided the meetings
are scheduled at reasonable times agreeable to all parties;
E. if they are designated as spokesperson or representative of the
Association and as such make representations or presentations at
meetings or hearings on wages, salaries and working conditions;
Provided in each case advance arrangements for time away from the .
employee' s work station or assignment are made with the appropriate
Department Head, and the County agency calling the meeting is
responsible for determining that the attendance of the particular
employee(s) is required.
4.2 Association Representative. Official representatives of the California
Nurses' Association shall be allowed time off on. County time for meetings during
regular working hours when formally meeting and conferring in good faith or con-
sulting with the Employee Relations Officer or other management representatives
on matters within the scope or 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. ,t
Section 5 - General Wage Increases
5.1 The salary range for each represented classification shall be as listed
below with general wage increases as follows: 4% effective July 1, 1985; 3%
effective January 1, 1986; 3.8% effective July 1, 1986; 3% effective January 1,
1987.
A. Registered Nurse Compensation
Step on Monthly Rate/Effect. Date
Level Salary Range 7/1/85 1/1/86 7/1/86 1/1/87
Entry 6 $ 2218 2286 2372 2444
Experienced 10 2448 2523 2618 2698
11 2510 2586 2683 2765
12 2572 2651 2751 2834
13 2637 2717 2819 2905
14 2703 2785 2890 2978
Advanced 17 2910 2999 3112 3207
18 2983 3074 3190 3287
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B. Family Nurse Practitioner
Monthly Rate/Effect. Date
Step on Salary Range 7/1/85 1/1/86 7/1/86 1/1/87
1 $ 2811 2897 3006 3097
2 2952 3042 .3156 3252
3 3099 - 3194 3314 3415
4 3254 3353 3480 3586
5 3417 3521 3654 3765
5.2 An experienced level Registered Nurse who at the County's .request
relieves an advanced level Registered Nurse for an eight (8) hour- shift shall
receive an additional five dollars and fifty cents ($5.50) per shift..
5.3 The following provisions of this section shall apply to .all employees .
except as modified by deep class resolution.
5.4 Entrance Salary. New employees shall generally be appointed at the
minimum step of the salary range established for the particular class of posi-
tion to which the appointment is made. However, the appointing authority may
fill a particular position at a step above the minumum 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 services provided,
however, if an employee began work on the first regularly scheduled z
workday of the month the anniversary date is the first day of the
calendar month when the employee successfully-completes six (6)
months service.
B. Promotions. The anniversary date of a promoted employee is deter-
mined as for new employee in Subsection 5.5 (A) above.
C. Transfer, Reallocation and Reclassification. The anniversary date
of an empl.oyee 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 re-
employment list to the first step of the applicable salary range
and not required to serve a probation period is determined in the
same way as the anniversary date is determined for a new employee
who is appointed the same date, classification and step and who
then successfully completes the required probationary period.
E. Notwithstanding other provisions of this Section 5, the anniversary
of an employee who is appointed to a classified position from out-
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side 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 day 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, the ann.iversary
is one (1) year after the first calendar day. of that month.
5.6 Increments Within Range. The performance of each employee, except
those of employees already at the maximum salary step of the appropriate salary
range, shall be reviewed on the anniversary date as set forth in Section 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 affir-
mative recommendation_of the appointing authority, based on satisfactory perfor-
mance by the employee. The appointing authority may recommend unconditional
denial of the increment or denial subject to review at some specified date
before the next anniversary.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1 ) step within-range
increment be granted at one time, except as otherwise provided in deep-class
resolutions. In case an appointing authority recommends denial of the within
range increment on some particular anniversary date, but recommends a special
salary review at some date before the next anniversary the special salary review
shall not affect the regular salary review on the next anniversary date.
Nothing herein shall be construed to make the granting of increments mandatory
on the County. If an operating department verifies in writing that an adminis-
trative or clerical error was made in failing to-submit the documents needed to
advance an employee to the next salary step on the first of the month when eli-
gible, said advancement shall 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.
If employment is periodic and irregular (permanent-intermittent) , depending on
departmental requirements, payment for hours worked shall be made at the hourly
rate established for the step of the salary range at which a Registered Nurse is
appointed. The County shall determine the differential paid to permanent
intermittent Registered Nurses, provided it is no less than fifteen (15) percent
of the hourly rate.
5.8 Compensation for Portion of Month. Any employee who works less than
any full calendar month, except when on earned vacation or authorized sick
leave, shall receive as compensation for services an amount which is in the same
ratio to the established monthly rate as the number of days worked is to the
actual working days in such employee's normal work schedule for the particular
month; but if the employment is intermittent, compensation shall be on an hourly
basis.
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5.9 Position Reclassification. An employee who is an incumbent of a posi-
tion 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.
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 pre-
viously 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. :t
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 5.10A above, each incumbent of a position in the
reallocated class shall be placed upon the step of the new range
which equals the rate of pay received before the reallocation. In
the event that the steps in the new range do not contain the same
rates as the old range, each incumbent shall be placed at the step
of the new range which is next above the salary rate received in
the old range, or if the new range does not contain a higher step,
at the step which is next lower than the salary received in the old
range.
C. In the event an employee is in a position which is reallocated to .a
different class which is allocated to a salary range the same as
above or below the salary range of the employee's previous class,
the incumbent shall be placed at the step in the new class which
equals the rate of pay received before reallocation. In the event
that the steps in . the range for the new class do not contain the
same rates as the range for the old class, the incumbent shall be
placed at the step of the new range which is next above the salary
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rate received in the old range; or if the new range does not con-
tain 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 5.14, shall receive the salary in the new
salary range which is next higher than the rate he was receiving before promo-
tion. 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. In the event of the
promotion 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
adjudsted 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.
5.12 Salary on Involuntary Demotion. Any employee who is demoted, except
as provided under Section 5.14, shall have his/her salary reduced to the monthly
salary step in the range for the class of position to which he has been demoted
next lower than the salary received before demotion. In the event this decrease
is less than five (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 the employee
would have achieved had the employee been continuously in the position to which
the employee has been demoted, all within-range increments having been granted.
5.13 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 the employee demotes, the employee's salary shall remain the same if
the steps in the new (demoted) salary range permit, and if not, the new salary
shall be set at the step next below former salary.
5.14 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. If
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th`e transfer is to a deep class, the provisions of the deep class resolution on
salary of transfers, if any, shall apply in lieu of the above provisions.
5.15 Pay for Work in Higher Classification. When an employee in a per-
manent position in the merit system is required to work in a classification for
which the compensation is greater than that to which the employee is regularly
assigned, the employee shall receive compensation for such work at the rate of
pay established for the higher classification pursuant to Subsection 5.11 Salary
on Promotion of this Memorandum, commencing on the eleventh 11th work day
after eighty (80) hours for employees on schedules other than eight .(8) hours)
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 in an"
authorized position which has been classified and assigned `to the
Salary Schedule. and.,
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 authorization form has been submitted by the
Department Head 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 dif-
ferentials (e.g. , bilingual differential and hazardous duty
differentials) accruing to the employee in the permanent position
shall continue.
9. During the period of work for higher pay in a higher classifica-
tion, employees will retain their permanent classification, and
anniversary and salary review dates will be determined by time in
that classification.
10. Allowable overtime pay, shift differentials and/or work location
differentials will be paid on the basis of the rate of pay for the
higher class.
13
5.16 Payment. On the tenth (10th) day of each month, the -Auditor will draw
a warrant upon the Treasurer in favor of each employee for the amount of salary
due the employee for the preceding month; provided, however, that each employee
(except those paid on an hourly rate) may choose to receive an advance on the
employee' s monthly salary, in which case the Auditor shall , on the twenty-fifth
(25th) day of each month, draw a warrant upon the Treasurer in favor of such
employee.
The advance shall be in an amount equal to one-third (1/3) 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 5.16 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.
5.17 Nursing Certification Test Fee Reimbursement. The County shall reim-
burse a Registered Nurse for the test fee involved in taking a National
Certification test upon presentation of certification.
Section 6 - Days and Hours of Work
6.1 Work Week. The work week of County employees is forty (40) hours nor-
mally between 12:01 a.m. Monday to 12:00 midnight Sunday, except in certain
segments of the Health Services Department where -it is between 12:01 a.m. Sunday .
to 12:00 midnight Saturday, usually five (5) eight (8) hour days. Where opera-
tional 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 an employee's working time shall not
exceed an average .of forty (40) hours per seven (7) day period throughout an
operational cycle, and the Department Head shall prepare written schedules in
advance to support all deviations, the schedules to encompass the complete
operational cycle contemplated.
The work week for employees in the "4-10" shift is four (4) ten (10) hour
working days during a work week consisting of any seven (7) day period.
6.2 Four Week Schedules/Weekend Schedules. For Registered Nurses assigned
to areas that have twenty-four hour staffing a four week work schedule will be
published by Nursing Administration which provides that each Registered Nurse
shall have every other weekend off. Registered Nurses may exchange days off
within the four week cycle but no Registered Nurse shall become eligible for
overtime as the result of said exchange. Such exchange days off shall be sub-
ject to the approval of the appropriate Supervising Nurse.
Registered. Nurses with 20 years of service with the County shall , upon request,
be granted every weekend off.
14
6.3 Time Changes: Pacific Standard Time/Daylight Savings Time. Jor those
nurses who work on the shift when daylight savings time begins and ends each
year, their work hours will be adjusted for that shift to the number of work
hours they regularly work on that shift.
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. Overtime for employees on other
work schedules such as on ten (10) hour or twelve (12) hour shifts .is any work
performed beyond that work schedule or forty (40) hours per week. All overtime
shall be compensated for at the rate of one and one-half (1-1/2) times the
employee' s base rate of pay (not including shift and other special
differentials) . Permanent part-time registered nurses shall -be .compensated at
the straight time rate for those hours worked over and above the regular work
schedule but less than eight (8) hours a day or forty (40) hours per week.
Overtime for permanent employees is earned and credited in a _maximum of one-
quarter (1/4) hour increments and is compensated by .either pay 'or compensatory
time off.
Work in excess of eight (8) hours shall be paid at the rate of one and one-half
(12) times the employee's base rate of pay (not including shift and other spe-
cial differentials). Employees who are required to work a double shift .
(normally 16 hours) shall receive Thirty One Dollars ($31.00) .7/1/85, Thirty Two
Dollars ($32.00) 7/1/86, Thirty Three Dollars ($33.00) 1/1/87, in addition to
all other compensation for each double shift worked. For double shifts which
are more than twelve (12) hours but less than 16 hours, or more than sixteen
(16) hours, the $31.00 shall be pro-rated.
Employees entitled to overtime credit for holidays in positions which work
around the clock (such as the County Hospital , the Sheriff's Office, 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 (12) hours compensatory time off for each hour worked.
Such compensatory time off, and the accumulationthereof shall be in addition to
the total vacation accumulation permitted under the terms of this Memorandum of
Understanding. The specific provision of this accumulation are set forth in
Section 12.5 of this Memorandum of Understanding.
Regular overtime for twenty-four (24) hour institutional employees may be
accrued as compensatory time in accordance with Section 7.2 of this Memorandum
of Understanding.
7.2 Compensatory Time. The following provisions shall apply: '
A. Employees may periodically elect to accrue compensatory time -off in
lieu of overtime pay. Eligible employees must notify their
Department Head or designee of their intention to accrue compen-
satory time off or to receive. overtime pay at least thirty (30)
days in advance of the change.
B. The names of those employees electing to accrue compensatory time
off shall be placed on a list maintained by the Department.
Employees who become eligible (i .e. , newly hired employees,
employees promoting, demoting, etc.) for compensatory time off in
accordance with these guidelines must elect to accrue compensatory
time or they will be paid for authorized overtime hours worked.
15
Employees who become eligible .(i .e,. , newly hired employees,
employees promoting, demoting, etc.) for compensatory time off in
accordance with these guidelines must elect to. accrue compensatory
time or they will be paid for authorized overtime hours worked.
C. Compensatory time off shall be accrued at the rate of one and one-
half (1-1/2) times the actual authorized overtime hours worked by
the employee.
D. Employees may not accrue a compensatory time -off balance that
exceeds one hundred twenty (120) hours (i.e. , eighty (80) hours .at
time and one-half) . Once the maximum balance has been attained,
authorized overtime hours will be paid at the overtime rate. If
the employee' s balance falls below one-hundred twenty (120) hours,
the employee shall again accrue compensatory time -off. for
authorized overtime hours worked until_.the employee's balance again
reaches one-hundred twenty (120) hours.
E. Accrued compensatory time off shall be carried over for use in the
next fiscal year; however, as provided in D above, accrued compen-
satory time off balances may not exceed one-hundred twenty (120)
hours.
F. Employees may not use more than one-hundred twenty (120) hours of
compensatory time off in any fiscal year period (July 1 - June 30) .
However, Registered Nurses regularly assigned to surgery shall not
be subject to a limit on the usage of compensatory time. during the
fiscal year. The use of compensatory time by said Registered
Nurses shall require the approval of the supervisor and shall be
subject to the needs of the department.
G. The use of accrued compensatory time off shall be by mutual
agreement between the Department Head or designee and the employee.
Compensatory time off shall not be taken when the employee should
be replaced by another employee who would be eligible to receive,
for time worked, either overtime payment or compensatory time
accruals as provided for in this Section. This provision may be
waived at the discretion of the Department Head or designee.
H. When an employee promotes, demotes or transfers from one classifi-
cation 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.
I. Compensatory time accrual balances will be paid off when an
employee moves from one department to another through promotion,
demotion or transfer. Said payoff will be made in accordance with
the provisions and salary of the class from which the employee is
promoting, demoting or transferring as set forth in J below.
J. 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,
16
accrued compensatory time balances will be paid off at the straight
time rate (two thirds 2/3 of the overtime rate) for the employee' s
current salary whenever:
1, the employee changes status and is no longer eligible for com-
pensatory time off;
2. the employee promotes, demotes or transfers to another, ,
department;
3. the employee separates from County service;
4, the employee retires.
K. The Office of the County Auditor-Controller will establish time-.
keeping procedures to administer this Section. '
.7.3 Contiguous Shifts. At" the County' s request, if an employee works :two
(2) contiguous shifts normally sixteen (16) continuous hours) which is outside
the employee' s regular work schedule and the first eight (8) hoursfall on one
day and the second eight (8) hours fall on the following day, the employee shall
be paid a differential of one-half (1/2) the employee's base salary rate in
addition to the employee' s base salary rate for the second eight (8) hours.
Additionally, such employees shall be provided a meal in the hospital cafeteria
at no cost to the employee.
Section 8 - Call Back Time
8.1 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.
k
8.2 Operating Room Call Back. A Registered Nurse who is in On-Call status
for the Operating Room and is called back to duty shall be paid for the actual
time so spent plus one hour, but not less than three (3) hours total 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 the employee' s
superior can contact the employee on ten (10) minutes notice or less. An
employee assigned to on-call time shall be paid one (1) hour of straight time
pay for each four (4) hours on such on-call time.
9.1 Alternate Birth Care (ABC) Program. Employees shall be credited with
eight (8) hours on-call status two 2 hours compensation) if required to be
available for the ABC Program on a day in which they do not work to find out
whether or not they will be required to provide ABC coverage on the following
non-regularly scheduled work day (e.g. weekends and holidays).
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Section 10 - Shift Differential
10.1 An employee who works an evening shift in which the employee works
four (4) or more hours between 5:00 p.m. and 11:00 p.m. shall receive a shift
differential of twelve (12) percent of the employee's base pay.
Split shifts with more than 1 1/2 hours between the two portions of the shift
shall also qualify for the twelve (12) percent hourly differential .
An employee who works a night shift- in which the employee works four (4) or more
hours between 11:00 p.m. and 8:00 a.m. shall receive a shift differential of
fifteen (15) percent of the employee' s base pay.
An employee who works overtime shall receive shift differential in addition to
overtime compensation only when the overtime hours independently satisfy the
.requirement for shift differential as stated above. The shift differential
shall be computed on the employee's base salary.
Employees who have been regularly working a shift qualifying for shift differen- .
tial 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.
10.2 Shift Differential for Employees Working a Holiday. When a shift
employea works on a recognized holiday, the employee shall be entitled to holi-
day pay and shift differential to be computed on the employee's base salary.
Section 11 - Separation Through Layoff
11.1 Grounds for Layoff. Any employee(s) having permanent status in
positions in the merit service may be laid off when the position is no longer
necessary, or for reasons of economy, lack of work, lack of funds or for such
other reason(s) as the Board of Supervisors deems sufficient for abolishing the
position(s) .
11.2 Order of Layoff. The order of layoff in a department shall be based
on inverse seniority in the class of positions, the employee in that department
with least seniority being laid off first and so on.
. 11.3 Layoff By Displacement.
A. In the same class. A laid off permanent full-time employee may
displace an employee in the department having less seniority in the
same class who occupies a permanent intermittent or permanent part-
time position, the least senior employee being displaced first.
B. In the same level or lower class. A laid off or displaced employee
18
permanent employment. Any remaining ties shall be broken by random selection
among the employees involved.
11.6 Eligibility for Layoff List. Whenever any person who. has permanent
status is laid off, has been displaced, has been demoted by displacement or has
voluntarily demoted in lieu of layoff or displacement, the person' s name shall
be placed on the layoff list for the class of positions from which that person
has been removed.
11.7 Order of Names on Layoff. First, layoff lists shall contain the names
of persons laid off or displaced or when demoted as a result of a layoff or
displacement, or who have voluntarily demoted in lieu of layoff or displacement,
names shall be listed in order of layoff seniority in the class from which laid
off, displaced or demoted on the date of layoff, the most -senior person listed
first. In case of ties in seniority, the seniority rules -shall apply except
that where there is a class seniority tie between persons.-laid off from dif-.
ferent departments, the tie(s) shall be broken by length of last continuous per-
manent County employment with remaining ties broken by random selection among
the employees involved.
11.8 Duration of Layoff and Reemployment Rights. The name of any person
laid off or granted reemployment privileges after application shall continue on
the appropriate list for a period of two (2) years. Persons placed on layoff
lists shall be continued on the list for an additional two years if application . .
for extension of eligibility is made before the expiration of the original
period of eligibility.
11.9 Certification of Persons From Layoff Lists. Layoff lists contain the
name(s) of person(sT laid off, displaced or demoted by displacement or volun-
tarily demoted in lieu of layoff. When a request for personnel is received from
the appointing authority of a department, if a layoff list exists for the class,
the appointing authority shall receive and appoint the eligible highest on the
layoff list from that department; or in the case that there is no layoff from
that department, the appointing authority shall receive and appoint the eligible
highest on the layoff list. However, if an eligible so certified is rejected
during probation and restored to the layoff list, the rejected employee will not
again be certified to the department from which rejected on probation unless the
appointing authority so requests. The Director of Personnel shall recommend to
the Board of Supervisors that a person employed from a layoff list be appointed
at the same step of that salary range the employee held on the day of layoff.
11.10 Removal of Names from Reemployment and Layoff Lists. The Director of
Personnel may remove the name of any eligible from a reemployment or layoff list
for any reason listed below:
A. For any cause stipulated in Section 404.1 of the Personnel
Management Regulations.
B. On evidence that the eligible cannot be located by postal authori-
ties.
C. On receipt of a statement from the appointing authority or eligible
that the eligible declines certification or indicates no further
desire for appointment in the class.
20
who had achieved permanent status in a class at the same or lower
salary level as determined by the salary schedule in effect at the
time of layoff may displace within the department and in the class
an employee having less seniority; the least senior employee being
displaced first, and so on with senior displaced employees
displacing junior employees.
11.4 Particular Rules on Displacing.
A. Permanent intermittent and permanent part-time employees may
displace only employees holding permanent positions of the same
type respectively.
B. A permanent full-time employee may displace any intermittent or
part-time employee with less seniority 1) -in the same class as
rovided in Section 11.3 (A) , or 2) in a class of the same or
lower salary level as provided in Section 11.2 (B) if no full-time
employee in a class at the same or lower salary level has less
seniority than the displacing employees.
C. Former permanent full-time employees who have voluntarily become
permanent part-time employees for the purpose of reducing the
impact of a proposed layoff with the written approval of the
Director of Personnel or designee retain their permanent full-time
employee seniority rights for layoff purposes only and may in a
dater layoff displace a full-time employee with less seniority as
provided in these rules.
11.5 Seniority. An employee' s seniority within a class for layoff and
displacement,,purposes shall be determined by adding the employee' s length of
service in the particular class in question to the employee's length of service
in other classes at the same or higher salary levels as determined by the salary
schedule in effect at the time of layoff. Employees reallocated or transferred
without examination from one class to another class having a salary within five
(5) percent of. the former class as provided in Section 305.2 of the Personnel
Management Regulations, shall carry the seniority accrued in the former class
into the new class. Employees reallocated to a new deep class upon its ini-
tiation or otherwise reallocated to a deep class because the duties of the posi-
tion occupied are appropriately described in the deep class shall carry into the
deep class the seniority accrued or carried forward in the former class and
seniority accrued in other classes which have been inclosed in the deep class.
Service for layoff and displacement purposes includes only the employee' s last
continuous permanent County employment. Periods of separation may not be
bridged to extend such service unless the separation is a result of layoff in
which case bridging will be authorized if the employee is reemployed in a per-'
manent position within the employee' s layoff eligibility.
U '
Approved leaves of absence as provided for in these rules and regulations shall
not constitute a period of separation. In the event of ties in seniority rights
in the particular class in question, such ties shall be broken by length of last
continuous permanent County employment. If there remain ties in seniority
rights, such ties shall be broken by counting total time in the department in
19
D. If three offers of permanent appointment to the class for which the
eligible list was established have been declined by the eligible.
E. If five (5) certifications for permanent appointment from an open
employment list, including certification to two (2) different
departments if the class has permanent positions in more than one
(1) department, have failed to result in selection and appointment.
F. If the eligible fails to respond to the Director of Personnel or
the appointing authority within five (5) days to written notice of
certification mailed to the person' s. last known address. Notice
shall be sent to the person affected.
11.11 Association Notification. 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 repre-
sented by California Nurses' Association, the Employee Relations Officer shall
notify the Association 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 (eight (8) work days for.
employees on the "4-10" workweek) notice of layoff except in cases of emergency.
Section 12 - Holidays
12.1 The County will observe the following holidays:
A. January 1st, known as New Years Day_
Third Monday in January known as Dr. Martin Luther King Jr. Day
Third Monday i,n February, known as Presidents Day
The last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veteran' s Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution
designate as holidays.
B. Employees in positions which are designated as 24-hour positions
shall also celebrate:
September 9th known as Admission Day
Second Monday in October known as Columbus Day
February 12th known as Lincoln' s Day
Family Nurse Practitioner positions are designated as 24-hour posi-
tions.
C. Employees who only celebrate the holidays listed in 12.1 (A) above
shall accrue two (2) hours of personal holiday credit per month,
21
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
County service, an employee shall be paid for any unused personal
holiday credits at. the employee's then current pay rate.
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; conversely, such
employees will not receive credit for any holiday not observed by
employees on the regular schedule even though they work the holi-
day.
C. Employees will be paid one and one-half (1-1/2) times their basic
salary rate for holidays actually worked.
The purpose of this plan is to equalize holidays--between employees on regular
work schedules and those on other work schedules.
If a holiday falls on the days off of an employee on a schedule other than
Monday through Friday the employee shall be given credit for overtime or granted
time off on the employee' s next scheduled work day. Employees who are not per-
mitted to take holidays because of the nature of their work are entitled to
overtime pay as specified by this Memorandum of Understanding.
If any holiday listed in Section 12.1 (A) above falls on a Saturday, it shall be
celebrated on the preceding Friday. If any holiday listed in Section 12.1 (A)
falls on a Sunday, it shall be celebrated on the following Monday. For
employees in positions whose shifts include Saturday or Sunday as designated by
the appointing authority (rather than Monday through Friday eight (8) hours per
day or a designated "4-10") holidays shall be observed-on the day on which the
holiday falls regardless if it is a Saturday or Sunday.
12.3 Permanent Part-Time Employees shall receive holiday credit in the same.
ratio to the holiday credit given full-time 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, regardless of whether the holiday falls on the part-
time employee' s regular work day.
12.4 "4-10" Shift - Holidays.
A. Holiday Shift Pay. Each "4-10" shift employee who works a full
shift on a holiday shall receive time and one-half for the first
eight (8) hours worked in addition to regular pay for the holiday.
22
Holiday shift pay shall be subject to provisions of Section 7 -
"Overtime".
B. Absence on Holida . The maximum time charged to sick leave, Vaca-
tion or leave without pay on a holiday shall be two (2) hours.
12.5 Accrual of Holiday Time. Employees entitled to overtime credit in
positions which work around the clock shall be permitted to elect between pay at
the overtime rate or compensatory time off in recognition of holidays worked.
The following procedures shall apply to this selection:
1. Eligible employees may elect, o,n a quarterly. basis, the method of
reimbursement for work performed on holidays. The selection between
accrued holiday time and/or overtime pay must be made known to the
County during each of the calendar months of June,- September,
December, and-March for the duration of this,Memorandum of
Understanding.
2. Employees starting work after a list of those electing to accrue
holiday time has been submitted to the Auditor and approved, will
be paid overtime unless they specifically requested in writing
within seven (7) calendar days to be placed on the accrual list.
3. Holiday time shall be accrued at the rate of one and one-half
(1-1/2) times the actual hours worked to a maximum of eight (8)
hours worked by the employee.
4. Holiday time may not be accumulated in excess of two hundred
eighty-eight (288) working hours. Holiday time may be accrued up
to two hundred eighty-eight, (288) hours, exclusive of regular vaca-
tion accruals. After two hundred eighty-eight (288) hours holiday
time shall be paid at the overtime rates as specified in Section 7.
5. Accrued holiday time may be taken off at times determined by mutual
agreement of the employee and the department head.
12,6 Each permanent Registered Nurse who qualifies for paid holidays shall
not be required to work on at least one (1) of the following holidays each year:
Thanksgiving, Christmas, New Year' s Day.
12.7 Employees who work at the County Hospital on Thanksgiving and/or
. Christmas shall receive a meal at the County Hospital Cafeteria during an
assigned shift at no cost to the employee.
12.8 Permanent Intermittent Holiday Pay. Employees in permanent intermit-
tent positions shall receive holiday pay at the rate of 1-1/2 times the
employee' s base salary rate for up to eight (8) hours worked on a recognized
holiday.
23
Section 13 - Vacation Leave
13.1 Vacation Allowance. Permanent and Provisional employees in permanent
positions are entitled to vacation with pay. Accrual is based upon straight
time hours of working time per calendar month of service and begins on the date
of appointment to a permanent position. Increased accruals begin on the first
of the month following the month in which the employee qualifies. Accrual for
portions of a month shall be in minimum amounts of one (1) hour calculated on
the same basis as for partial month compensation pursuant to Section 5.7 of this
Memorandum of Understanding. Vacation credits may not be taken during the first
six (6) calendar months of employment, not necessarily synonomous with proba-
tionary status, except where sick leave has been exhausted; and none shall be
allowed in excess of actual accrual at the time vacation is taken.
13.2 Vacation Accrual Rates.
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
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
13.3 No employee who has been granted 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 Employees in permanent part-time and permanent intermittent positions
shall accrue vacation benefits on a prorated basis as provided in Resolution
81/1165, Section 36-2.006.
13.6 Employees in the Hospital Division of the Health Services Department
shall submit vacation requests at least seventy-five (75) days in advance of the
first day requested. The County shall reply to such requests within thirty (30)
days after receipt, and shall throughout the year post at least thirty (30) days
in advance a schedule of vacations covering the next sixty (60) day period. If
staffing and patient care requirements do not permit all nurses requesting a
certain vacation preference to take their vacations over the same period, length
of service with the County shall be the determining factor within each work
area. At the written request of a nurse, vacation may be taken in daily
segments. A request for vacation shall not be unreasonably denied because of
the season of the year.
24
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 at the rate of eight (8) working hours cre-
dit 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 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.
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 use 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 the
employee is retired by the Retirement Board subject to the condi-
tions listed below. For the purposes of this Section 14 permanent
disability shall mean the employee suffers from a disabling physi-
cal injury or illness and is thereby prevented from engaging in any
County occupation for which the employee is qualified by reason of
education training or experience. Sick leave 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) .
days of the start of use of sick leave for permanent disa-
bility. The appointing authority may review medical evi-
dence and order further examination as deemed necessary,
and may terminate use of sick leave when such further exa-
mination demonstrates that the employee is not disabled,
or when the appointing authority determines that the medi-
cal 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
25
while under a physician' s orders to remain secluded due to exposure
to a communicable disease.
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
.employee during the period of such disability under the conditions
set forth below:
1. Application for such leave must be made by the employee to
the appointing authority accompanied by a written state-
ment.of disability from the employee' s attending physi-
cian. 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 ter-
minateThe 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
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 ,Lupon 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 reco-
very 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
26
thirty two (32) hours remaining at the end of the fiscal
year shall not be carried over to the next year; depart-
ments shall notify the employee if the maximum allowance
is reached. Authorization to use sick leave for this pur-
pose is contingent on availability of accumulated sick
leave credits; it is not an additional allotment of sick
leave which employees may charge.
F. Emergency Care of Famil An employee may use paid sick leave cre-
Bits up to three 3 days for each 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
may not be used in the following situations:
1. Self-inflicted Injury. For time off from work for an employee's
illness or injury caused by his or her willful misconduct.
2. Vacation. For an employee' s illness or injury while the employee
is on vacation except when extenuating circumstances exist and the
appointing authority apprbves.
3. 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 general 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. The procedures dated April 12, 1982 for Registered
Nurses at Merrithew Memorial Hospital shall remain in effect.
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 responsible for obtaining advance approval from their
appointing authority or designee for the scheduled time of
prearranged personal or family medical and dental appointments.
27
14.4 Disability.
A. An employee physically or mentally incapacitated for the perfor-
mance of duty is subject to dismissal , suspension or demotion, sub-
ject to the County Employees Retirement Law of 1937. An appointing
authority after giving notice may place an employee on leave if the
appointing authority has filed an application for disability
retirement for the employee, or whom the appointing authority
believes to be temporarily or permanently physically or mentally
incapacitated for the performance of the employee's duties.
B. An appointing authority who has reasonable cause to believe that
there are physical or mental health conditions present in an
employee which endanger the health or safety of the employee, other
employees, or the public, or which impair the employee's perfor-
mance of duty, may order the employee to undergo at County expense
and on the employees paid time a physical , medical and/or
psychiatric exmination 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 or her duties the appointing authority may direct
the employee to take such leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without
prejudice to the employee' s right to use sick leave, vacation, or
any other benefit to which the employee is entitled other than
regular salary. The Director of Personnel ' may order lost pay
restored for good cause and subject to the employee' s duty to miti-
gate 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 deemed 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 pur-
poses of determining Workers' Compensation benefits.
B. Three (3) consecutive calendar days following the last day worked
constitutes a waiting period before Workers' Compensation starts.
28
The time the employee is scheduled to work during this waiting
period will be charged to the employee' s sick leave and/or vacation
accruals. In order to qualify for Workers' Compensation the
employee must be under the care of a physician. Temporary compen-
sation is payable on the first three (3) days of disability when
the injury necessitates hospitalization, or when the disability
.exceeds twenty-one (21) days.
C. 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 or vacation for these salary payments. Sick leave and
vacation rights shall not accrue for those periods during which
salary payments are made.
The maximum period for the described salary continuation for any
one injury or illness shall be one year from the date of temporary
disability. 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.
,t
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
for temporary disability beyond one year, full salary will continue
by integrating sick leave and/or vacation accruals with workers'
compensation benefits (vacation charges to be approved by the
Department and the employee) . 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 bene-
fits 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.
29
Thereafter, the rehabilitation temporary disability benefits will
be paid directly to the employee.
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' compen-
sation benefits.
G. Integration Formula. An employee' s sick leave and/or vacation
charges shall be calculated as follows:
C = 8 (1 - W/S)
Where C =Sick leave or vacation charge per day (in hours)
W = Statutory workers' compensation for a month
S = Monthly salary
14.6 Definition of Immediate Family. 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, grand-
parent, 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 26, 1981 the Board of Supervisors established a labor-
management committee to administer a rehabilitation program for disabled
employees. It is understood that the benefits specified above in this Section
14 shall be coordinated with the rehabilitation program as determined by the
labor-management committee.
14.8 No employee who has been granted a leave without pay or an unpaid
military leave shall accrue any sick leave credits during the time of such leave
nor shall an employee who is absent without pay accrue sick leave credits during
the absence.
14.9 Integration of State Disability 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 applica-
tion for both benefits. The State Disability benefits shall be returned to the
County to be credited to the employee' s sick leave balance on the following
basis:
1. Integration with State Disability is automatic and cannot be
waived.
2. The amount credited to the employee' s 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 bene-
fits, application must be made and the benefits returned to the
30
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.
5. In, the event an employee receives sick leave benefits for a portion
of the disability period, State Disability benefits must be uti-
lized 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 "purchase" sick
leave to insure that State Disability Insurance Benefits are not
taxable.
14.10 State Disability Insurance. The County shall establish a Disability
Insurance Review Committee consisting of one representative from each employee
organization and four (4) management representatives to review and recommend to
the Director of Personnel the feasability of implementing a self-funded and
self-administered disability insurance program.
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 the
employee' s usefulness on return to theemployee's
position;
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. Procedure in
31
granting extensions shall be the same as that in granting the original leave,
provided that the request for extension must be made not later than thirty (30)
calendar days before the expiration of the original leave.
Whenever an employee who has been granted a leave without any 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. The Personnel Department shall
be notified promptly of such return.
Except with respect to leave due to pregnancy, illness or disability, the deci-
sion of the appointing authority on granting or denying a leave of absence shall
be subject to appeal to the Director of Personnel 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 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 laws. Upon the ter-
mination of such service or upon honorable discharge, the employee shall be
entitled to return to the employee' s position in the classified service provided
such still exists and the employee is otherwise qualified, without any loss of
standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which
may be accrued at the time of such leave, nor shall 'the employee be prejudiced
thereby with reference to salary adjustments or continuation of employment.' For
purposes of determining eligibility for salary adjustments or seniority in case
of layoff or promotional examination, time on military leave shall be considered
as time in County service.
Any employee who has been granted a military leave, may upon return, be required
to furnish such evidence of performance of military service or.of honorable
discharge as the Director of Personnel may deem necessary.
15.3 Leave of Absence Replacement. Any permanent employee in the merit
system who requests reinstatement to the classification held by the employee in
the same department at the time the employee was granted a leave of absence,
shall be reinstated to that classification and department.
In case of severance from service by reason of the reinstatement of a permanent
employee, the provisions of Section 11 - Layoff and Seniority shall apply.
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 shall
be reviewed on the anniversary date. The approval or denial of an increment
will be at the discretion of the appointing authority. Employees on military
leave shall receive salary increments that may accrue to them during the period
of military leave.
32
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 Ahe appointing authority, or at the expiration of a leave shall
be without pay. Such absence may also be grounds for disciplinary action.
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 indi-
cate the days attended and the fact that fees other than mileage are waived. .
The employee shall furnish the court certificate to the employee' s department,
which shall be retained as a department record. When serving jury duty in a
federal 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 allowance or they may take vacation
leave or leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters
(e.g. , accident suits and family relations) shall take vacation leave or leave
without pay and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to
jury duty as set forth in Section 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.
33
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 Dental Plan, Aetna Life Insurance and the medical insurance
options of Kaiser-Permanente Foundation Health Plan, Blue Cross of Northern
California Health Plan, the Contra Costa County Health Plan, H.E.A.L.S. Health
Plan, IPM Health Plan and Lifeguard Health Plan to all permanent employees regu-
larly scheduled to work twenty (20) or more hours per week.
17.2 Alternatives. 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.
17.3 Health Plan Options & Rates. Effective August 1, 1985 the cost of the
existing County Group Health Plan Programs will be as follows:
Kaiser Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 74.89 $ 73.36 $ 1.53
CDS 89.14 82.16 6.98
Safeguard 84.53 82.16 2.37
Family (No Medicare)
No Dental 185.59 165.50 $ 20.09
CDS 218.84 173.23 45.61
Safeguard 205.57 173.23 32.34
Blue Cross Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $190.82 $ 91.18 $ 99.64
CDS 205.07 99.24 105.83
Safeguard 200.46 99.24 101.22
Family (No Medicare)
No Dental $342.91 $151.50 $191.41
CDS 376.16 174.19 201.97
Safeguard 362.89 174.19 188.70
34
Contra Costa Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 73.57 $ 72.54 $ 1.03
CDS 87.82 84.56 .3.26
Safeguard 83.21 82.18 1.03
Family (No Medicare)
No Dental 185.40 170.50 14.90
CDS 218.65 176.49 42.16
Safeguard 205.38 176.49 28.89
H.E.A.L.S. Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 85.49 $ 80.32 $ 5.17
CDS 99.74 87.62 12.12
Safeguard 95.13 87.62 7.51
Family (No Medicare)
No Dental 200.40 164.77 $ 35.63
CDS 233.65 176.05 57.60
Safeguard 220.38 176.05 44.33
IPM Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 74.31 $ 72.47 $ 1.84
CDS 88.56 79.81 8.75
Safeguard 83.95 79.81 4.14
Family (No Medicare)
No Dental 219.67 165.50 $ 54.17
CDS 252.92 174.18 78.74
Safeguard 239.65 174.18 65.47
35
Lifeguard Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 83.56 $ 73.36 $ 10.20
CDS 97.81 82.16 15.65
Safeguard 93.20 82.16 11.04
Family (No Medicare)
No Dental 208.36 165.50 42.86
CDS 241.61 173.23 68.38
Safeguard 228.34 173.23 55.11
Dental Plans Only
Category Total Cost County Share Employee Share
Employee Only
CDS $ 15.48 $ 15.47 $ .01
Safeguard 10.87 10.86 .01
Family
CDS 34.48 34.47 .01
Safeguard 21.21 21.20 .01
The employee will pay a minimum of one cent (.01) for any Health Plan or Dental
Care Coverage.
17.4 Increased Costs. All rates shown above include life insurance
coverage. The rates listed above are effective 8/1/85. and are based on the
County contributing up to a maximum of six dollars ($6.00) per month of
increased premium for a single subscriber and up to fourteen dollars ($14.00)
per month of increased premium for a subscriber with dependents.
Effective 8/1/86 the County will contribute up to six dollars ($6.00) per month
for a single subscriber and up to fourteen dollars ($14.00) per month for a
subscriber with dependents, based on the premium increase set by the
Kaiser-Permanente Foundation Health Plan.
Any increase in the Health Plan costs greater than the County contributions
identified above occuring during the duration of this Memorandum of
Understanding shall be borne by the employee.
17.5 Medicare Rates. 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 mem-
36
bers on Medicare by taking the Employee and Dependent(s) rate for the option
selected and subtacting the monthly Part B Medicare premium withheld from Social
Security payments for two enrollees.
17.6 Partial Month. The County' s contribution to_ the Health Plan premium
is payable for any month in which the employee is paid. If an employee is not
paid enough compensation in a month to pay the employee share of the premium,
the employee must make. up the difference by remitting the amount delinquent to
the Auditor-Controller. The responsibility for this payment rests with the
employee. If payment is not made, the employee shall be dropped from the health
plan. An employee is thus covered by the health plan for the month in which
compensation is paid.
17.7 Coverage During Absences. 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.
Employees shall be allowed to maintain their Health Plan coverage at the County
group rate for twelve (12) months if on approved leave of absence provided that
the employee shall pay the entire premium (i .e., both employer and employee
share) for the Health Plan during said leave. Said payment shall be made by the
employee at a time and place specified by the County. Late payment shall result
in cancellation of Health Plan coverage.
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 is credited with compen-
sation. An employee who terminates County employment may convert to individual
health plan coverage.
17.8 . Retirement Coverage. Upon retirement, employees may remain in the
same County group medical plan if immediately before their retirement they are
either active subscribers to one of the County Health Plans or if on authorized
leave of absence without pay they have retained individual conversion membership
from the County plan.
17.9 Dual Coverage. If a husband and wife both work for the County and one
of them is laid off, the remaining eligible shall be allowed to enroll or
transfer into the health coverage combination of his/her choice.
An eligible employee who is no longer covered for medical or dental coverage
through a spouse' s coverage shall be allowed to enroll or transfer into the
health coverage combination of his/her choice within thirty_.(30) days of the
date coverage is no longer afforded under the spouse's plan.
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 Association which
have probation periods in excess of six (6) months.
37
None
18.3 When the probationary period for a class is changed, only new appointees
to positions in the classification shall be subject to the revised probationary
period.
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 absence exceeding fifteen (15) calendar days except as
otherwise provided by law. For those employees appointed to permanent-
intermittent positions with a six (6) months probation period, probation will be
considered completed upon serving one-thousand (1,000) hours after appointment
except that in no instance will this period be less than six (6) calendar months
from the beginning of probation. If a permanent-intermittent probationary
employee is reassigned to full-time, credit toward probation completion in the
full-time position shall be prorated on the basis of one hundred seventy-three
(173) hours per month. For employees appointed to permanent part-time positions
with a six (6) month probation period, probation will be considered completed
after serving six (6) months in the permanent part-time position.
18.5 Rejection During Probation. An employee who is rejected during the
probation period and restored to the eligible list shall begin a new proba-
tionary 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 or 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 in facts by which it is claimed that grounds for appeal exist
under Subsection A and must be filed through the Director of
Personnel to the Merit Board by 5:00 p.m on the 7th calendar day
after the date of delivery to the employee of notice of rejection.
C. The Merit Board shall consider the appeal , and if it finds probable
cause to believe that the rejection may have been based on grounds
prohibited in Subsection A, it may refer the matter to a Hearing
Officer for hearing, recommended findings of fact, conclusions of
law and decision, pursuant to the relevant provisions of the Merit
Board rules in which proceedings the rejected probationer has the
burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall
deny the appeal . If, after hearing, the Merit Board upholds the
appeal , it shall direct that the appellant shall begin a new proba-
tionary 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,
38
subject to the condition that the Director of Personnel receive from the
appointing authority a statement in writing that the services of the employee
during the probationary period were satisfactory and that the employee is recom-
mended 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. The Department will
make every effort to process the probation report in a timely manner, with the
intent of completing it before the end of the probation period. If the
appointing authority fails to submit in a timely manner the proper written docu-
ments 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.
Notwith-standing 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
shall not be restored to the eligible list from which the employee was certified
unless the, employee receives the affirmative recommendation from the appointing .
authority and is certified by the Director of Personnel 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 proba-
tion, 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
39
shall be automatically restored to the layoff list, unless discharged for cause,
if the person is within the period of layoff eligibility. The employee shall
begin a new probation period if subsequently certified and appointed in a dif-
ferent 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 pro-
vided in this Memorandum of Understanding.
19.2 Promotion Policy. The Director of Personnel , upon request of an
appointing aut ority, s a l . determine whether an examination is to be called on
a promotional basis.
19.3 Promotion via Reclassification without Examination. Notwithstanding
other provisions of this Section, an employee may be promo ed from one classifi-
cation to a higher classification 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 higher class.
D. The action must have approval of the Director of Personnel .
E. The Association approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
19.4 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 promo-
tional list.
19.5 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits,
of seventy (7.0) percent or more, shall receive, in addition to all other cre-
dits, five one-hundredths (.05) of one percent for each completed month of ser-
vice as a permanent County employee continuously preceding the final date for
filing application for said examination. For purposes of seniority credits,
40
leaves of absence shall be considered as service. Seniority credits shall be
included in the final percentage score from which the rank on the promotional
list is determined. No employee, however, shall receive more than a total of
five (5) percent credit for seniority in any promotional examination.
19.6 County employees who are required as part of the promotional examina-
tion 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.
Notwithstanding the foregoing, transfer may also be accomplished
through the regular appointment procedure provided that the indivi-
dual desiring transfer has eligibility on a list for a class for
which appointment is being considered.
20.2 With the approval of the appropriate appointing authority/authorities
and the consent of the employee, the Director of Personnel may transfer an
employee from one job classification to another job classification without exa-
mination under the following conditions:
a. the duties and responsibilities of the position from which
the employee is being transferred are within the occupa-
tional area or directly associated with the duties and
responsibilities of the position to which the employee is
being transferred.
b. the employee must possess the minimum qualifications for
the job classification to which the employee is being
transferred.
c. the employee must serve the probationary period required
for the classification into which the employee is being
transferred.
41
d. an employee rejected during the probationary period or who
resigns during the probationary period for other than
disciplinary reasons shall have the right at that time to
be restored to a position in the classification in the
department from which the employee was transferred.
The Personnel Director, upon request, will provide written justification for
invoking this section.
This regulation expires one year from the signing _of this Memorandum of
Understanding unless extended by mutual agreement.
20.3 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 therefor. If the Director of Personnel considers that the reasons
are adequate and that the transfer will be for the good of the County service
and the parties involved, the Director of Personnel shall inform the appointing
authority or authorities concerned and the employee of the proposal and may take
the initiative in accomplishing the transfer.
20.4 Bid Procedure. Permanent employees may bid on open jobs in the same
classification throughout the Health Services Department. All open jobs will be
offered to presently assigned permanent employees for bid. The following proce-
dures shall apply:
A. Responsibility. Implementation of the bidding procedure is the
overall responsibility of the Director of Nursing for hospital
positions and the Director of Public Health Nursing for Public
Health positions, t
B. Job Notices Posted Five (5) bays Only. Open job notices shall be
posted for five 5 calendar days. The notice shall specify all
job factors and shall be posted only once. If there are no bid-
ders, the department head may fill the position by using the Merit
System eligible list or by making internal reassignments.
A late bid shall be accepted if the nursecan demonstrate she/he
was authorized to be off during the entire posting period.
C. All Open Jobs Must be Posted. All job openings which may occur by
creation of new jobs, separation, promotion, demotion or reassign-
ment must be posted for permanent employee bidding.
D. Who May Bid? All permanent full-time, permanent part-time and per-
manent intermittent employees in the Health Services Department may
bid on any open permanent position in the same classification
anywhere else in the Health Services Department including Public
Health.
E. Who May Not Bid? Employees who are in a temporary or provisional _
position and employees still on probation in a permanent position.
42
F. Bidder Selection. The Director_,of Nursing, Director of Public .
Health Nursing or .designee (i .e. Assistant Director of Nursing,
. Supervising Nurse, or Supervising Public Health Nurse I or II)
shall interview each employee submitting a bid and select the per-
son to fill the position they deem most qualified by virtue of. edu-
cation, training, experience and presentation in the interview. In
the event two or more bidders are equally well qualified, the posi-
tion will be filled by the most senior employee submitting a bid.
In all cases, the person selected must possess the minimum qualifi-
cations (as described in the job specification) for the skill level
of the position they are selected to fill (i .e. trainee, entry,
experienced, advanced, etc.).
G. No Old Job Claim. The selected bidder shall have no claim on the
job that the selected bidder left. If the decision is made by
either the supervisor or the employee to seek immediate reassign-
ment, the employee must take another open job (not bid on). The old .
job may not be reclaimed because the employee once held it.
H. Minimum Job Time - 3 Months. Employees must have had three (3
months in their reassigned position before they may bid on another
open position. Time period begins the date they begin working in
the new assignment.
I . Bidding While on Leave. Employees interested in a particular
assignment and wishing to be notified of an open position while on
vacation, sick leave, or leave of absence (not day off) may leave a
bid form or a self-addressed, stamped envelope with the Director of .
. Nursing or Director of Public Health,,Nursing.
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 ter-
mination. Oral resignation shall be immediately confirmed by the appointing
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 of notice, 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 ten (10) consecutive
working days without leave, and;
B. Ten (10) more consecutive days have elapsed without response by the
employee after the mailing of a notice of resignation by the
43
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 authority, operative either on that date or another
date specified.
21.4 Revocation. A resignation that is effective is revocable only by
written concurrance of the employee and the appointing authority.
21.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been
coerced by the appointing authority may be revoked within seven (7)
calendar days after its expression, by serving written notice on
the 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 file 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 con-
tained in Section 23 of the Memorandum of Understanding beginning.
with Step C.
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,. sub-
ject to the employee' s duty to mitigate damages.
21.6 Eligibility for Reemployment List. Within one year of resignation in
good standing from County service, a person who has had permanent status which
included satisfactory completion of probation may make application by letter to
the Director of Personnel for placement on a reemployment list as follows: the
class from which the person resigned; or any one class of equal or lesser rank
in the occupational series and in which the person had previously attained per-
manent status; or for any class or deep class which has replaced the class in
which the person previously had status, provided that the person meets the mini-
mum requirements for the new class. If the appointing authority of the depart-
ment from which the person resigned recommends reemployment, the Director of
Personnel shall grant reemployment privileges to the person. If the appointing
authority does not recommend reemployment, the employee may appeal to the
Director of Personnel . Consideration of names from a reemployment list is man-
44
datory if the appointing authority recommended reemployment of the individual (s)
listed but is optional for other appointing authorities.
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 or immoral 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,
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. Before taking a .disciplinary action to dismiss,
suspend, for more than five (5) work days (four (4) work days for employees on a
114-10" work week) , or demote an employee, the appointing authority shall cause
to be served personally or by certified mail , on the employee, a Notice of
Proposed Action, which shall contain the following:
A. A statement of the action proposed to be taken.
B. A copy of the charges including the acts or ommissions and grounds
upon which the action is based.
45
C. If it is claimed that the employee has violated a rule or regula-
tion of the County, department or district, a copy of said rule
shall be included with the notice.
D. A statement that the employee may review and request copies of
materials upon which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to
respond to the appointing authority either orally or in writing.
Employee Response. The employee upon whom a Notice of Proposed Action has been
served shall have seven (7) calendar days to respond to the appointing authority
either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend
in writing the period to respond. If the employee' s response is not filed
within seven (7) days or during any extension, the right to response is lost.
22.3 Leave Pending Employee Res onse. Pending response to a Notice of
Proposed Action within the first seven 7) days or .extension thereof, the
appointing authority for cause specified in writing may place the employee on
temporary leave of absence with pay.
22.4 Suspensions without pay shall not exceed thirty (30) days unless
ordered by an arbitrator, an adjustment board or Merit Board. The thirty (30)
day limit does not apply to suspension due to pending criminal charges as pro-
vided in 22.5 below.
22.5 Notice of Suspension Without Pay Due Pending Criminal Charges. Before
suspending an employee due to pending criminal charges, the appointing authority
shall cause to be served 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 ser-
vice 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 be 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.
F. An appointing authority, upon giving notice as provided in this
46
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 defendent in a criminal complaint or indictment filed
in any court.
G. The Director of Personnel 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 disposi-
tion of the charges.
22.6 Procedure on Dismissal , Suspension or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, .or demote an
employee having permanent status in a position in the merit system,
after having complied with the Skelly requirements where appli-
cable, the appointing authority shall make an order in writing
stating specifically the causes for the action.
B. Service of Order. Said order of dismissal , suspension, or demotion
shall be filed with the Director of 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 effec-
tive 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 Director of Personnel 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 appli-
cation 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 interpretation or
application of those provisions not being subject to the grievance procedure.
The Association may represent the employee at any stage 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:
47
1 /
A. Step 1. Any employee or group of employees who believes that a
provision of this Memorandum of Understanding has been misin-
terpreted 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.
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 misin-
terpreted or misapplied, how misapplication or misinterpretation
has affected the employee to the employee's detriment, and the
redress the employee 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 ten (10) work
days in which to respond to the grievance in writing.
C. Step 3. If a grievance is not satisfactorily resolved in Step 2
above, the employee may appeal in writing within seven (7) work
days to the Director of Personnel . The Director of Personnel or
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 Paragraph
C above and filed within 7 work days of the written response of the
Director of Personnel or designee. If the parties are unable to
reach a mutually satisfactory accord on any grievance which arises
and is presented during the term of this Memorandum of Understand-
ing, such grievance shall be submitted in writing to an Adjustment
Board comprised of three (3) Association representatives, no more
than two (2) of whom shall be either an employee of the County or
an elected or appointed official of the Association 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 and render a decision within twenty (20) work days of
receipt of the written request.
E. Step 5. If an Adjustment Board is unable to arrive at a majority
decision either the employee (or the County, when alleging a viola-
tion of Section 23.5 below) may require that the grievance be
referred to an impartial arbitrator who shall be designated by
mutual agreement between the employee and the Director of
Personnel .
Such request shall be submitted within twenty (20) work days of the
rendering of the Adjustment Board decision. Within twenty (20) days
48
of the request for arbitration the parties shall mutually select an
arbitrator. 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 pre-
sentation, including preparation and post hearing briefs, if any.
F. The following arbitrators have been agreed to:
Bonnie Bogue Jerillu Cossack-Twohey
Barbara Chvany Harvey Letter
Joe Henderson Donald Wollett
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 Association which has been
.certified as the recognized employee organization for such unit and
under such dispute falls within the definition of a grievance as
set forth in Subsection 23.1 above.
C. Proposals 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 Director of Personnel 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.
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 spe-
cified in .Steps 1 through 3 above, the grievance will automatically move to the
next step. If a grievant 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 An official , with whom a formal grievance is filed by a grievant who
is included in a unit represented by the Association, but is not represented by
the Association in the grievance, shall give the Association a copy of the for-
mal presentation.
49
23.5 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Director of
Personnel . Only complaints which allege that employees are not being compen-
sated 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 pro-
cess 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 interpreta-
tions resulting from Adjustment Board or arbitration proceedings_.hereunder) will
be recognized unless agreed to by the County and the Association.
.23.6 No Strike. During the term of this Memorandum of Understanding, the
Association, 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 refusal to perform customary duties.
In the case of a legally declared lawful strike against a private or public sec-
tor 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 aggra-
vate a danger to public health or safety.
23.7 Merit Board.
A. All Grievances of employees in representation units represented by
the Association 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.
23.8 The Association 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.
Section 24 - Bilingual Pay
A salary differential of thirty-five ($35.00) 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.
50
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 $200 per semester or $150 per quarter, not to exceed $600 per year.
Continuing education shall continue to be administered under the Administrative
Bulletin on Training and of the $600 per year, $150 may be applied to continuing
education courses. Training reimbursement applicable to continuing education
(i .e. $150) may be carried over into the next fiscal year if requested with an
explanation for the purpose. The maximum reimbursement available in.any fiscal
year may not exceed twice what may be accrued in any one fiscal year.
Section 27 - Education Leave
Each regular full-time employee in the classification of Registered Nurse with
one (1) or more years of service shall be entitled to five (5) days leave with
pay each year to attend accredited continuing education courses, institutions,
workshops, or classes. Employees in the classification of Family Nurse
Practitioner with one (1) ' or more years of County service shall be entitled to
eight (8) days leave with pay each year to attend accredited continuing educa-
tion courses, institutions, workshops or classes. Written requests for such
leave must be submitted in advance and may be denied only in the event such
leave interferes with staffing.
The leave is accumulative from year-to-year if, 1) it is applied for and denied,
2) it is applied for this year for a course next year, or 3) if it is applied
for to anticipate taking a specific course of more than five (5) days duration.
The maximum leave available in any fiscal year may not exceed twice what may be
accrued in any one (1) fiscal year.
Notwithstanding the above three conditions, employees may on request carry over
into the next fiscal year one half of- their continuing education leave.
The leave hereinabove defined shall not apply to those courses or programs the
employee is required by the County to attend.
A Registered Nurse assigned to the night shift, who attends a continuing educa-
tion course of eight (8) . hours duration outside scheduled worktime, may
receive educational leave pay for the actual course time and may be excused from
the night shift immediately preceding or following the course attended.
51
When an employee covered by this agreement separates from County service,
any unused educational leave shall be cancelled.
Permanent part-time registered nurses shall be entitled to educational leave on
a pro-rated basis.
Section 28 -Classification
Existing classes of positions may be abolished or changed and new classes may be
added to the classification plan by the Director of Personnel subject to appro-
val by the Board of Supervisors. The County will meet and confer with the
Association on the minimum qualifications and salary of new classes.
If the County wishes to add duties to classes represented by the Association,
the Association shall be notified and upon request of the Association, represen-
tatives of the County will meet and consult with the Association over such
duties.
Section 29 - Safety
The County shall expend every effort to see to it that the work performed under
the terms and conditions of this Memorandum of Understanding is performed with a
maximum degree of safety consistent with the requirement to conduct efficient
operations.
Section 30 - Mileage
Mileage allowance for the use of personal vehicles on County business shall be
paid according to the following per month formula:
1 - 400 miles $ .22 per mile
401 - plus miles .16 per mile
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 (1t) for
each fifteen cents (15f) increase or decrease in the base price for gasoline
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.
59
Section 31 - Pay Warrant Errors
31.1 If an employee receives a pay warrant which has an error in the amount
of compensation to be received and if this error occurred as a result of a
mistake by the Auditor-Controller' s Department, it is the policy of the
Auditor-Controller' s Department that the error will be corrected and a new
warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays
and holidays from the time the Department is made award of a verifies that the
pay warrant is in error.
31.2 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 an employee shall be made retroactively
except for the six (6) month period immediately preceding discovery of the pay
error. This provision shall apply regardless of whether the error was made by
the employee, the appointing authority or designee, the director of personnel or
designee, or the auditor/controller or designee. Discovery of fraudulently
accrued over or underpayments are excluded from this section for both parties.
Section 32- --- Detention Facility Differential
Employees who work in the County Detention Facility 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 the Detention
Facility are improved sothat hazardous conditions no longer exist, such dif-
ferential will no longer be applicable.
Section 33 - Critical Care Unit
A permanent Registered Nurse permanently assigned to the Critical Care Unit who
possesses a Coronary Care Certificate issued by the American Heart Association
or its equivalent approved by the Health Services Department and whose duties
necessitate use of the Coronary Care Certificate skills shall be compensated at
the Specialized Skill/Charge level . This provision shall apply to Registered
Nurses regularly assigned to the coronary care unit and shall not apply to
Registered Nurses assigned on a relief basis.
Section 34 - Joint Association/Management Meeting
A. There shall be a Joint Association/Management Meeting every
other month unless mutually waived. Release time or
appropriate overtime or paid straight time will be provided
for three (3) Association reprsentatives. Management may also
have three (3) representatives, one of whom shall be the
Associate Executive Director of Patient Care. Both parties
may agenda items in advance of the meeting and management
shall provide reasonable information which is not confidential
nor legally protected with a minimum of two weeks advance
notice.
B. Upon request of the Association, the County agrees to schedule
meetings similar in concept for the Public Health Division.
53
Suction 35 - Professional Performance Committee
35.1 There shall be a single Health Service Performance Committee which
shall consist of two subcommittees; one for inpatient nurses and one for out-
patient nurses.
The Committee(s) may consider and discuss issues and subject matters of their
own selection which are related to patient care and nursing practice. The
Committee(s) may also formulate advisory recommendations and proposals con-
cerning such matters. The committee(s) shall not discuss economic matters, such
as wages, hours and other economic conditions which may be subject to meet and
confer.
35.2 The inpatient subcommittee may schedule one (1) regular meeting each
month during working hours which shall be scheduled to conflict as little as
possible with nursing services. The County will release from duty no more than
three (3) Registered Nurses assigned to the day shift, two (2) Registered Nurses
assigned to the evening shift and one (1) Registered Nurse assigned tothe
graveyard._shift for a period not to exceed two (2) hours for attendance at such
a meeting.
The outpatient subcommittee may schedule one (1) regular meeting each month
during working hours, provided that such meetings shall be scheduled to conflict
as little as possible with the clinic schedule and shall be mutually agreeable
to the County. The County will release from duty no more than three (3) nurses
for a period not to exceed two (2) hours, including travel time. .
The committee(s)' may decide to meet jointly in lieu of separate meetings if par-
ticular issues or subjects call for joint inpatient and outpatient
consideration.
35.3 The committee(s) shall maintain written minutes and shall provide
copies to the Director of Nursing and Director of Public Health Nursing and.
shall maintain copies in various locations for perusal by Registered Nurses.
35.4 Employees who are not employed at the Health Services Department may
submit verbal or written advisory recommendations and proposals for improving
patient care to a designated representative of the Department Head, and timely
response will be provided.
Section 36 - Notice of Hires and Separations
The County agrees to periodically mail to California Nurses' Association the
name, classification, and date of hire or termination of employees in classifi-
cations represented by California Nurses' Association.
Section 37 - Provisional Appointment
Whenever an appointing authority makes a request for personnel to fill a posi-
tion in a class for which no reemployment or employment list is available, or in
a class for which no eligible or insufficient eligibles to complete the cer-
tification will accept appointment to the position, the Director of Personnel
54
May authorize the appointing authority to appoint any person who possesses the
minimum qualifications for the class as set forth in the class specifications,
provided that the names of eligibles available and the names of persons who have
indicated the intention to take the next examination for the class shall be
referred to the appointing authority at the time authorization is issued. In no
case shall a permanent position be filled by a provisional appointment for a
period exceeding six (6) calendar months except under the following conditions:
1. If an examination has been announced for the class and recruitment
of applicants is in process, the Director of Personnel may
authorize a continuation of provisional appointments until an eli-
gible list is established.
2. In case of a provisional appointment to a permanent position
vacated by a leave of absence, such provisional appointment may be.
continued for the duration of said leave.
A provisional appointment shall be terminated within thirty (30) days after the
date of certification of eligibles from an appropriate eligible list.
All decisions of the Director of Personnel relative to provisional appointments
are final and not subject to the grievance procedure.
Section 38 - Personnel Files
An employee shall have the right to inspect and review the employee' s departmen-
tal personnel file upon request at reasonable times and for reasonable periods
during the regular business hours of 8:00 a.m. to 5:00 p.m. Documentation in
the personnel file relating to the investigation of a possible criminal offense,
and such information or letters of reference shall be specifically excluded from
such inspection and review.
Section 39 - 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 the department head to attend
a meeting concerning County business or County affairs.
2. When the employee is required to be out of the regular or normal
work-area during a meal hour because of a particular work assign-
ment.
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 offi-
cial guests of the County, work as members of examining boards,
official visitors, and speakers or honored guests at banquets or
other official functions.
55
5. When the employee is required to work three or more hours of
overtime; in this case the employee may be reimbursed in accordance
with the Administrative Bulletin on Expense Reimbursement.
Meal costs will be reimbursed only when eaten away from home or away from the
facility in the case of employees at twenty-four (24) hour institutions.
Procedures and definitions relative to reimbursement for meal expenses shall be
in accordance with the Administrative Bulletin on Expense Reimbursement.
Section 40 - Compensation for Loss or Damage to Personal Property_
The loss or damage to personal _,property of employees is subject to reimbursement
under the following conditions.
1. The loss or damage must result from an event which is not normally
encounted 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 reimburse-
ment.
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 fulfill the duties and requirements
of the job.
7. The loss or damage to employees' eyeglasses, dentures or other
prosthetic devices did not occur simultaneously with a job con-
nected 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.
56
ction 41 - Service Awards
The County shall continue its present .policy with respect to service awards
including time off; provided, however, that the type of award given shall be at
the sole discretion of the County.
Section 42 - Unfair Labor Practice
Either the County or the Association may file an unfair labor practice as
defined in Chapter 34-22 of Resolution 81/1165 against the other. Allegations of
an unfair labor practice, if not resolved in discussions between the parties,
may be heard by a mutually agreed upon impartial third party.
Section 43 - Length of Service Definition (for service awards and vacation
accruals
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including tem-
porary, 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, or is
reemployed in a permanent County position from a layoff list within the period
of layoff eligibility, service credits shall include all credits accumulated at
time of separation, but shall not include the period of separation. The
Director of Personnel shall determine these matters based on the employee status
records in his department.
Section 44 - 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 the same
rate as for full-time employees providing they work at least forty (40) percent
of full time (i .e. 16/40) . `If the employee works at least fifty (50) percent of
full time, County retirement participation is also included.
Section 45 - Permanent-Intermittent Employee Benefits
Permanent intermittent employees are eligible for prorated vacation and sick
leave benefits.
Each person appointed to a Permanent Intermittent Registered Nurse position
shall be given an information sheet which lists the terms and conditions of
employment and employee benefits. The information sheet shall be signed by the
employee and representative of the Health Services Department.
Section 46 - Permanent-Intermittent Employees Health Plan
A permanent intermittent employee may participate in the County Group Health
Plans of medical , dental and life insurance coverage wholly at the employee' s
expense. The County will not contribute to the employee's monthly premium. The
employee will be responsible for paying the monthly premium appropriately and
punctually. Failure to meet the premium deadline will mean automatic and imme-
57
diate withdrawal from the County Group Health Plan and reinstatement may only be
effectuated during the annual open enrollment period.
Section 47 - Provisional Employee Benefits
Provisional employees who are not permanent employees of the County immediately
prior to.their provisional appointment, are eligible for vacation and sick leave
benefits.
A provisional employee may participate in the County Group Health Plans of
medical , dental and life insurance coverage wholly at the employee' s expense.
The County will not contribute to the employee' s monthly premium. The employee..
will be responsible for paying the monthly premium appropriately and punctually.
Failure to meet the premium deadline will mean automatic and immediate
withdrawal from the County Group Health Plan and reinstatement may only be
effectuated during the annual open enrollment period.
.Section 48 - Lunch Period/Rest Break
Hospital Nurses scheduled to work a full shift (8 hours within a spread of 82
hours) shall receive not less than 2 hour for lunch. If such nurse is required
to work during all or any portion of the lunch period, such time worked shall be
paid at the rate of time and one half, provided the nurse actually works a full
shift.
Nurses with a 2 hour lunch at the hospital shall receive priority service over
non-employees in the hospital cafeteria.
There is no change in shiftr hours for nurses employed at Juvenile Hall or the
Detention Facility; those remaining on a straight 8-hour shift are always in a
pay status and on duty during lunch and are not permitted to leave the facility
without the consent of their supervisor.
Nurses are entitled to a 10-minute rest break during each 4 hour working period,
and said rest break may be taken at any time during the 4 hour period. In no
event shall there be more than 2 rest breaks during one shift. Nurses shall
coordinate rest breaks with the Supervising Nurse, or designee in accordance
with patient care needs.
Section 49 - Health 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. In the event that an employee had a positive reaction to a tuber-
culosis skin test, said employee will be requested to..show proof of having had
two (2) negative chest x-rays at least one year apart.
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
recommend that the employee become immunized. If the employee has direct
patient contact and refuses to become immunized, an attempt will be made to
relocate the employee to a non-patient care area if possible.
58
Section 50 - Floating Committee
Within 30 days from ratification of this Agreement, the Department and the
Association shall appoint an equal number of representatives who shall meet to
discuss practices and policies relating to Floating.
Section 51 - Leave Denials
Any properly submitted request for educational leave, vacation leave, or other
leave of absence covered by this memorandum of understanding shall normally not
be denied without written explanation.
Section 52 - 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
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 53 - Scope of Agreement and Separability of Provisions
53.1 Scope of Agreement. Except as otherwise specifically provided herein,
this Memorandum of Understanding fully and completely incorporates the
understanding of the parties hereto and constitutes the sole and entire
agreement between the parties in any and all matters subject to meet and confer.
Neither party shall , during the term of this 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.
53.2 Separability of Provisions. Should any section, clause or provision
of this Memorandum of Understanding be declared illegal , unlawful or unenforce-
able, 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.
53.3 Personnel Management Regulations. Where a specific provision con-
tained 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 . Those provisions of
the Personnel Management Regulations within the scope of representation which
are not in conflict with the provisions of this Memorandum of Understanding and
those provisions of the Personnel Management Regulations which are not within
the scope of representation shall be considered in full force and effect.
53.4 Duration of Agreement. This Agreement shall continue in full force
and effect from July 1, 1985 to and including December 31, 1987. Said Agreement
shall automatically renew from year to year thereafter unless either party gives
written notice to the other prior to sixty (60) days from the aforesaid termina-
tion date of its intention to amend, modify or terminate the agreement.
59
Date:
CONTRA COSTA COUNTY CALIF IA NURSES SSOCIATIO
By
By y Zz� B
By / % .� Bye /
By ��N
By
By
By
By
60
ContraPersonnel Department
Costa Third Floor, Administration Bldg.
JI 651 Pine Street
County Martinez, California 94553-1292
(415) 372-4064
Harry D. Cisterman
Director of Personnel
ATTACHMENT A
June 3, 1986
Ms. Donna Gerber
California Nurses Association
1615 Broadway, Suite 1015
Oakland, CA 94612
Dear Ms. Gerber:
This side letter addresses the intent of the County to implement the following
employee benefit for Contra Costa County employees.
Child Care
The County intends to implement a pre-tax child care deduction
plan for eligible employees as allowed by the Internal Revenue
Service.
If the foregoing conforms with your understanding, please indicate your accep-
tance and approval in the space provided below.
Date .Z
A�
California Nurses Association Contra Costa County
A�7ipma
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
' Contra Personnel Department
Costa Third Floor, Administration Bldg.
651 Pine Street
County Martinez, California 94553-1292
(415) 372-4064
Harry D. Cisterman
Director of Personnel
June 3, 1986
Ms. Donna Gerber
California Nurses Association
1615 Broadway, Suite 1015
Oakland, CA 94612
Dear Ms. Gerber:
As you know on July 3, 1984, the Sacramento County Superior Court issued a deci-
sion in the County of Contra Costa, et al v. the State of California, finding,
among other things, that Section 3502.5 of the Government Code (Agency Shop) is
unconstitutional .
In consideration of the Agency Shop provisions contained in the July 1, 1983 -
June 30, 1985 Memorandum of Understanding between your organization and Contra
Costa County and Board of Supervisors approval of that memorandum of
understanding, it is hereby agreed that:
1. The County has sought "declaratory relief" in Action No.
262376 in the Superior Court of Contra Costa County to adju-
dicate the validity of the agency shop provisions, as to
which action the County shall bear its own attorney's fees
and costs, but not those of the Union.
2. In the event of a final judgment either in the Sacramento
County litigation or in a declaratory relief action that
Section 3502.5 of the Government Code is unconstitutional ,
the agency shop provisions shall henceforth no longer be
enforced, the Association shall refund to the County all
agency shop fees paid by non-members, together with all
interest payable on such fees not exceeding 7% per annum, and
the following Main.tenance of Membership provisions shall come
into effect.
ipm4�
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
-2-
2.2 Employees hired on or after October 1, 1981, in classifications
assigned to units represented by the Association shall , as a condition of
employment, complete a Union dues authorization card provided by the Association
and shall have deducted from their paychecks the membership dues of the
Association. Said employees 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 deci-
sion not to become a member of the Association must be made in writing to the
Auditor-Controller with a copy to the Employee Relations Division within said
thirty (30) day period. If the employee decides not to become a member of the
Association, any Association 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 Association. If the employee
does not notify the County in writing of the decision not to become a member
within the thirty (30) day period, he/she shall be deemed to have voluntarily
agreed to pay the dues of the. Association.
Each such dues authorization form referenced above shall include a statement
that the Association and the County have entered into a Memorandum of
Understanding, that the employee is required to authorize payroll deductions of
Association dues as a condition of employment, and that such authorization may
be revoked within the first thirty (30) days of employment upon proper written
notice by the employee within said thirty (30) day period as set forth above.
Each such employee shall , upon completion of the authorization form, receive a
copy of said authorization form which shall be deemed proper notice of his/her
right to revoke said authorization.
2.3 Maintenance of Membership. All employees in units represented by the
Association who are currently paying dues to the Union and all employees in such
units who hereafter become members of the Association shall as a condition of
continued employment pay dues to the Association for the duration of this
Memorandum of Understanding and each year thereafter so long as the Association
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 2.4.
2.4 Withdrawal of Membership. By notifying the Auditor-Controller's
Department in writing, between April 1, and April 30, 1987, any employee may
withdraw from Union membership and discontinue paying dues as of the payroll
period, commencing April 1, 1987, discontinuance of dues payments to then be
reflected in the May 10, 1987 paycheck. Immediately upon 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.
If the foregoing is in accordance with your understanding, please indicate
acceptance/7;lf
pproval in the appropriate space below.
Dated �° Z Very truly yours,
Contra Costa County
Approved & Accepted
Califoa' Nurses Association
By: By: �/
r
-L Health Services Department
'1 = OFFICE OF THE DIRECTOR
,
t
Hospital & Administration
2500 Alhambra Avenue
. _ Martinez. California 94553
�'p, .• (415) 372-4200
STq COUIZ"�
June 3, 1986
Donna Gerber
California Nurses Association
1440 Broadway, Suite 914
Oakland, CA 94612
Dear Ms. Gerber:
This side letter addresses agreement of the County and California
Nurses Association regarding:
"Health Plan Call"
If, during the term of a new contract, the County wants to
reinstate Health Plan Call for Family Nurse Practioners;
Section 9.2 of the 1983-85 CNA/County MOU will be amended
back to the MOU applying to East County only and with the
amount of pay increased to $1500 per month.
If the foregoing conforms with your understanding, please indicate
your acceptance and approval in the space provided .below.
Date Date
California Nurses s ciion Contra Costa County Health Services
A-345 C�,t�ntra (nztn ( rm w-*%,