HomeMy WebLinkAboutMINUTES - 06271988 - 1.48 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 28, 1988 by the following vote:
AYES: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder.
NOES: None.
ABSENT: None.
ABSTAIN: None.
SUBJECT: )
1988-89 COMPENSATION FOR )
EMPLOYEES IN UNITES REPRESENTED BY ) 88/ 376
CALIFORNIA NURSES ASSOCIATION )
The Contra Costa County Board of Supervisors RESOLVES THAT:
1. On June 28, 1988, the Employee Relations Officer submitted the
Memorandum of Understanding dated June 27, 1988, with attachments A through E
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. Employees who may have. retired between
January 1, 1988 and June 1, 1988 are eligible for the lump sum payment. Former
employees who resigned from County employment between January 1, 1988 and June
19, 1988 are not eligible.
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 January 1, 1988.
B hereby certify that this.isa true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown. v
ATTESTED:
PHIL BA HELOR. Clerk of the Board
of SupBrvisors and County Administrator
.14&- Deputy
Original : Personnel Department
Copies: County Administrator
County Counsel
Auditor-Controller
California Nurses Association
He 1 h S ryi c s Department
I. . .A.eJvia �ersonnel
RESOLUTION NO. 88/376
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 January 1 , 1988 and
ending December 31 , 1989..
Definitions:
A. Appointing Authority means Department Head unless otherwise provided by
statute or ordinance.
B. Class means a group of positions sufficiently similar with respect to the
duties and responsibilities that similar selection procedures and quali-
fications may apply and that the same descriptive title may be used to
designate each position allocated to the group.
C. Class Title means the designation given to a class, to each position
allocated to the class, and to the employees allocated to the class.
D. County means Contra Costa County.
E. Demotion means the change of a permanent employee to another position in
a class allocated to a salary range for which the top step is lower than
the top step of the class which the employee formerly occupied except as
provided for under "Transfer" or as otherwise provided for in this
Memorandum of Understanding, in the Personnel Management Regulations, or
in specific resolutions governing deep classifications.
F. Director of Personnel means the person designated by the County
Administrator to serve as the Assistant County Administrator-Director of
Personnel .
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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 allocated
to a class in the Merit System and who have been involuntarily 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 interruption, for an indefi-
nite 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 provided for in the Personnel
Management Regulations, deep class resolutions or other ordinances,
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, difficulty 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 qualified for consideration for reappointment under the
Personnel Management Regulations governing reemployment,
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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 pre-
viously 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:
1 . 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 bona fide religion, body or sect which has historically
held a conscientious objection to joining or financially
supporting any public employee organization as a condition
of employment and
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b. pay a sum equal to the agency shop fee described in
Subsection B (2) to a non-religious, non-labor charitable
fund chosen by the employee from the following charities :
Family and Children's Trust Fund, Child Abuse Prevention
Council and Battered Women's 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
.Notice shall have until the return date shown in the Skelly
Notice to either file the authorization card, pay the initiation
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 reim-
bursed 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.
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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 Association
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:
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.
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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.
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.
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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 officer 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 organi-
zations 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 expen-
ses, 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;
B. if their attendance is sought by a hearing body or presentation of
testimony or other reasons;
C. if their attendance is required for meetings scheduled at reasonable
times agreeable to all parties required for settlement of grievances
filed pursuant to Section 23 - Grievance Procedure of this
Memorandum;
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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; pro-
vided 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.
Section 5 - Salaries
5.1 General Wage Increases. The salary range for each represented classifi-
cation all be as listed below with general wage increases as follows: 3%
effective June 1 , 1988; 3% effective July 1 , 1988; 4% effective January 1 , 1989.
A. Registered Nurse Compensation
Step on Monthly. Rate/Effect. Date
Level Salary Range 6/1/88 7/1/88 1/1/89
Entry 6 2518 2595 2698
Experienced 10 2780 2864 2978
11 2849 2936 3058
12 2921 3009 3129
13 2994 3085 3207
14 3068 3162 3288
Advanced 17 3304 3405 3540
18 3387 3490 3629
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B. Family Nurse Practitioner
Clinical Nurse Specialist-Obstetrics/Gynecology
Clinical Nurse Specialist-Psychiatric
Clinical Nurse Specialist-Psychiatric - Project
Monthly Rate/Effect. Date
Step on Salary Range 6/1/88 7/1/88 1/1/89
1 3192 3289 3420
2 3351 3453 3591
3 3519 3626 3770
4 3695 3807 3959
5 3880 3998 4157
5.2 Lump Sum Payment. In lieu of a retroactive pay requiring special payroll
recomputation processing back to January 1 1988, the County will make a "lump
sum payment" to each employee for the months of January, February, March, April ,
and May computed as follows: May 25 year-to-date gross earnings (base pay
(minus AWOP) , overtime, shift differential , hazard duty pay, career incentive,
and other differential payments ordinarily computed as a percentage of base pay)
plus June 25 current payroll gross earnings will be added together for each
employee (retro pay base) .
May 25 year-to-date 1988 + June 25, 1988 payroll = Retro Pay Base
RPB X 3% = Lump Sum Payment
Then the Retro Pay Base will be multiplied by 3% for all employees to compute
the lump sum payment. The lump sum payment will be added to employees' regular
July 10th pay warrants and is subject to normal tax withholding and retirement
deduction requirements.
If, after receiving the lump sum payment an employee finds more than a $30.00
negative difference in pay, the Auditor's Office will verify the difference, if
any, and will pay the difference as soon as practicable.
Written notification of the alleged error shall be filed with the Employee
Relations Division of the County Personnel Department not later than five (5)
work days following receipt of the July 10, 1988 lump sum payment.
5.3 Pay Equity Study A pay equity study will be carried out by the County
using County Staff and resources. The County shall attempt to complete the
study in order that the results shall be available for the meet and confer pro-
cess during 1989.
In formulating the pay equity study, the Director of Personnel shall meet with a
Labor-Management Task Force, which shall include one representative appointed by
each participating union and a number of management personnel equal to the total
number of union representatives, appointed by the County Administrator. Such
task force meeting will occur 30 days after the adoption of the relevant
Memoranda of Understanding.
The Chair of the Board of Supervisors or the Chair's designee shall Chair the
Labor-Management Task Force as a non-voting member. Actions and recommendations
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of the Pay Equity Task .Force must be approved by a majority of management and a
majority of union votes. Minority reports may be filed by the management or the
union side if proposed actions or recommendations do not receive joint approval .
Recommendations from the Labor Management Task Force regarding the methodology
to be used in conducting the study shall be submitted to the Board of
Supervisors for approval sixty days (60) after the first meeting of the Labor
Management Task Force.
Staff for the Labor-Management Task Force shall be provided by the Personnel
Department.
Recommendations from the Pay Equity Study shall be submitted to the Board of
Supervisors for approval .
Pay Equity recommendations which are approved by the Board of Supervisors shall
be implemented in such fashion that the County will provide fifty cents in pay
equity adjustments for each one dollar general wage increase authorized for the
classifications represented by the participating unions collectively, provided
that the total of pay equity adjustments in any fiscal year shall not exceed
twenty-five percent of the general payroll increase.
Each participating union will promise not to bring or support comparable worth
or pay equity litigation against Contra Costa County or any agent, servant,
officer, or employee of Contra Costa County and further promise that in the
event litigation advancing comparable worth or pay equity claims is brought
against the County or any of its agents, servants, officers, or employes, within
five years from the effective date of this agreement, by any person(s) employed
or formerly employed in a class(es) represented by the participating union, the
union(s) representing such class(es) shall each pay up to $5000 of the County's
attorney fees and costs; provided that the union is not named as a co-defendant
in such litigation.
5.4 Effective June 1 , 1988, an experienced level Registered Nurse who at
the County's request relieves an advanced level Registered Nurse for a shift
shall receive an additional seven dollars ($7.00) per shift.
5.5 The following provisions of this section shall apply to all employees
except as modified by deep class resolution.
5.6 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.
5.7 Anniversary Dates. Except as may otherwise be provided for in deep
class resolutions, anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first
day of the calendar month after the calendar month when the employee
successfully completes six (6) months service provided, however,
if an employee began work on the first regularly scheduled workday
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of the month the anniversary date is the first day of the calendar
month when the employee successfully completes six (6) months ser-
vice.
B. Promotions. The anniversary date of a promoted employee is deter-
mined as for a new employee in Subsection 5.7 (A) above.
C. Transfer, Reallocation and Reclassification. The anniversary date
of an employee who is transferred to another position or one whose
position has been reallocated or reclassified to a class allocated
to the same salary range or to a salary range which is within five
(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-
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 anniversary
is one (1 ) year after the first calendar day of that month.
5.8 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 5.7 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
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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.
5.9 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.
5.10 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.
5.11 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 5.13 Salary on Promotion.
5.12 Salary Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class
which is reallocated to a salary range above or below that to
which it was previously allocated, when the number of steps remain
the same, shall be compensated at the same step in the new salary
range the employee was receiving in the range to which the class
was previously allocated. If the reallocation is from one salary
range with more steps to a range with fewer steps or vice versa ,
the employee shall be compensated at the step on the new range
which is in the same percentage ratio to the top step of the new
range as was the salary received before reallocation to the top
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step of the old range, but in no case shall any employee be com-
pensated at less than the first step of the range to . which the
class is allocated.
B. In the event that a classification is reallocated from a
salary range with more steps to a salary range with fewer
steps on the salary schedule, apart from the general salary
increase or decrease described in 5.12A 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 reallo-
cated to a different class which is allocated to a salary
range the same as above or below the salary range of the
employee's previous class, the incumbent shall be placed at
the step in the new class which equals the rate of pay
received before reallocation. In the event that the steps in
the range for the new class do not contain the same rates as
the range for the old class, the incumbent shall be placed at
the step of the new range which is next above the salary rate
received in the old range; or if the new range does not 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 alloca-
tions, if any, shall supercede Section 5.12.
5.13 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 5.16, shall receive the salary
in the new salary range which is next higher than the rate he was receiving
before promotion. In the event this increase is less than five (5) per-
cent, 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; pro-
vided, 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.
{
13
5.14 Salary on Involuntary Demotion. Any employee who is demoted, except
as provi ed under Section 5.16, shall have his/her salary reduced to the monthly
salary step in the range for the class of position to which he 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.
5.15 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.
5.16 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
the 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.
5.17 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 5.13 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:
A. The employee is assigned to a program, service, or activity
established by the Board of Supervisors which is reflected in
an authorized position which has been classified and assigned
to the Salary Schedule.
B. The nature of the departmental assignment is such that the
employee in the lower classification becomes fully respon-
sible . for the duties of the position of the higher classifi-
cation.
C. Employees selected for the assignment will normally be
expected to meet the minimum qualifications for the higher
classification.
14
D. Pay for work in a higher classification shall not be utilized
as a substitute _ for regular promotional procedures provided
in this Memorandum.
E. The appropriate authorization form has been submitted by the
Department Head and approved by the County Administrator.
F. Higher pay assignments shall not exceed six (6) months except
through reauthorization.
G. If approval is granted for pay for work in a higher classifi-
cation and the assignment is terminated and later reapproved
for the same employee within thirty (30) days, no additional
waiting period will be required.
H. Any incentives (e.g. , the education incentive) and special
differentials (e.g. , bilingual differential and hazardous
duty differentials) accruing to the employee in the permanent
position shall continue.
I . During the period of work for higher pay in a higher classi-
fication, employees will retain their permanent classifica-
tion, and anniversary and salary _ review dates will be deter-
mined by time in that classification.
K. Allowable overtime pay, shift differentials and/or work loca-
tion differentials will be paid on the basis of the rate of
pay for the higher class.
5.18 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 5.18 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.
15
5.19 Nursing Certification Test Fee Reimbursement. The County shall reim-
burse employees for test fees involved in taking National Certification tests
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.
6.3 Time Changes : Pacific Standard Time/Daylight Savings Time. For 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.
16
Employees who work a double shift shall receive thirty-five dollars ($35.00)
6/1/88, thirty-seven dollars ($37.00) . 1/1/89, in addition to all other compen-
sation for each double shift worked. Registered Nurses who work from the
beginning of their regularly scheduled shift to the conclusion of the next sche-
duled shift will be considered to have worked a double shift. If the second
shift is not completed, the premium will be prorated. If the total hours
worked, excluding lunch breaks, exceed sixteen hours, additional prorated pre-
mium will be paid.
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 (11/2) hours compensatory time off for each hour worked.
Such compensatory time off, and the accumulation thereof shall be in addition to
the total vacation accumulation. permitted under the terms of this Memorandum of
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 recei.ve overtime pay at least thirty (30)
days in advance of the change.
B. The names of those employees electing to accrue compensatory time
off shall be placed on a list maintained by the Department.
Employees who become eligible (i .e. , newly hired employees,
employees promoting, demoting, etc.) for compensatory time off in
accordance with these guidelines must elect to accrue compensatory
time or they will be paid for authorized overtime hours worked.
C. Compensatory time off shall be accrued at the rate of one and one- -
half (1-1/2) times the actual authorized overtime hours worked by
the employee.
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-
17
satory time off balances may not exceed one-hundred twenty (120)
hours.
F. Employees may not use more than one-hundred (120) hours of compen-
satory 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 Regisgered 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 classifica-
tion 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 provi-
sions 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 wroked,
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
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(2) contiguous shifts (normally sixteen (16) continuous hours) which is outside
the employee's regular work schedule and the first eight (8) hours fall 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.
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.
However, Registered Nurses who are assigned to on-call for the Operating Room or
Post Anesthesia Recovery shall be paid one (1 ) hour of straight time pay for
each two (2) hours on such on-call time.
9.1 Alternate Birth Care ABC Pro ram. 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) .
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.
19
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
employee 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.
10.3 Weekend Differential . Registered Nurses shall receive a weekend shift
bonus of 7.00 per shift for each weekend shift worked which: 1) falls on
weekends for which the nurse is not scheduled to work in their normal work sche-
dule; 2) falls between the beginning of the night shift on Friday and the end of
the evening shift on Sunday; 3) is worked for the full duration of the shift,
and 4) is not the result of a trade. The Registered Nurse is to note such
qualifying shifts on his/her time sheets in order to receive this compensation.
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 reasons) 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 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.
20
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
provided 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
later 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 included in the deep class.
Service for layoff and displacement purposes includes only the employee's last
continuous permanent County employment. Periods of separation may not be
bridged to extend such service unless the separation is a result of layoff in
which case bridging will be authorized if the employee .is reemployed in a per-
manent position within the employee's layoff eligibility.
Approved leaves of absence as provided for in these rules and regulations shall
not constitute a period of separation. In the event of ties in seniority rights
in the particular class in question, such ties shall be broken by length of last
continuous permanent County employment. If there remain ties in seniority
rights, such ties shall be broken by counting total time in the department in
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.
21
. ,
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(s) 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
authorities.
C . On receipt of a statement from the appointing authority or eli-
gible that the eligible declines certification or indicates no
further desire for appointment in the class.
D. If three offers of permanent appointment to the class for which
the eligible list was established have been declined by the eli-
gible.
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
22
• y
(1 ) .department, have failed to result in selection and appoint-
ment.
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 in February, known as Presidents Day
The last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veteran's Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
D^cember 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
positions.
C. Employees who only celebrate the holidays listed in 12.1 (A) above .
shall accrue two (2) hours of personal holiday credit per month.
Such personal holiday time may be taken in increments of one (1 )
hour, and preference of personal holidays shall be given to
employees according to their seniority in their department as reaso-
nably as possible. No employee. may accrue more than forty (40)
hours of personal holiday credit. On separation from County ser-
23
vice, an employee shall be paid for any unused personal holiday cre-
dits 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.
C. For all employees, if a work day falls on a scheduled holiday they
shall receive overtime pay or equivalent compensatory time credit
(Holiday Credit) for working the holiday, or if a holiday falls on
the day off of an employee, the employee shall be given straight
time pay or equivalent compensatory time credit.
The purpose of this plan is to equalize holidays between employees on regular
work schedules and those on other work schedules.
If any holiday listed in Section 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.. Holiday
shift pay shall be subject to provisions of Section 7 - "Overtime" .
B. Absence on Holiday. 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:
24
A. Eligible employees may elect, on 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.
B. 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.
C. 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.
D. 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.
E. Accrued holiday time may be taken off at times determined by mutual
agreement of the employee and the department head.
12.6 Each permanent employee who qualifies for paid holidays shall not be
required to work on at least one (1 ) of the following holidays each year:
Thanksgiving, Christmas, New Year's Day.
12.7 Employees 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.
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 5.9 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.
25
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 Aliowance 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 Registered Nurses 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 Registered 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
Registered Nurse, vacation may be taken in daily segments. A request for vaca-
tion shall not be unreasonably denied because of the season of the year.
13.7 The following policy governs the approval of vacation requests and the
vacation coverage responsibilities of the Family Nurse Practitioners.
A. FNP's who submit vacation request less than thirty (30) days in
advance shall be responsible to arrange for other FNP's to cover
their assignments. If they are unable to arrange coverage for
their assignments, their vacation will not be approved unless they
obtain approval from the appropriate Manager to make other
arrangements.
B. Vacation requests which are submitted at least thirty (30) days in
advance shall normally be approved. Assistance from the FNP in
arranging coverage will be appreciated, but Administration will
assume responsibility to arrange coverage for the FNP's
assignments.
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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 examination
demonstrates that the employee is not disabled, or when the
appointing authority determines that the medical evidence sub-
mitted by the employee is insufficient, or where the above con-
ditions have not been met.
C. Communicable Disease. An employee may use paid sick leave credits
27
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 statement of
disability from the employee's attending physician. The state-
ment must address itself to the employee's general physical
condition having considered the nature of the work performed by
the employee, and it must indicate the date of the commencement
of the disability as well as the date the physician anticipates
the disability to terminate. The appointing authority retains
the right to medical review of all requests for such leave.
2. If a female employee does not apply for sick leave and the
appointing authority believes that the employee is not able to
properly perform her work or that her general health is
impaired due to disability caused or contributed to by
pregnancy, miscarriage, abortion, childbirth or recovery
therefrom, the employee shall be required to undergo a physical
examination by a physician selected by the County, the cost of
such examination shall be borne by the County. Should the
medical report so recommend, a mandatory leave shall be imposed
upon the employee for the duration of the disability.
3. If all accrued sick leave has been utilized by the
employee, the employee shall be considered on leave without
pay. Sick leave may not be utilized after the employee has
been released from the hospital unless the employee has pro-
vided the County with a written statement from her attending
physician stating that her disability continues and the pro-
jected date of the employee's recovery from such disability.
E. Medical and Dental Appointments. An employee may use paid sick
leave credits for medical and dental appointments as follows:
1 . For working time used in keeping medical and dental appointments
for the employee' s own care; and
2. For working time (not over forty (40) 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, and for children and parents who may reside
outside of 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 forty
(40) hours remaining at the end of the fiscal year shall not be
28
carried over to the next year; departments shall notify the
employee if the maximum allowance is reached. Authorization to
use sick leave for this purpose is contingent on availablility
of accumulated sick leave credits; it is not an additional
allotment of sick leave which employees may charge.
F. Emergency Care of Family: An employee may use paid sick leave cre-
dits 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,
or for children and parents who may reside outside of 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:
A. Self-inflicted Injury. For time off from work for an employee' s
illness or injury caused by his or her willful misconduct.
B. Vacation. For an employee's illness or injury while the employee
is on vacation except when extenuating circumstances exist and.-the
appointing authority approves.
C. 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 appoint-
ments.
29
14.4 Disability.
A. An employee physically or mentally incapacitated for the performance
of duty is subject to dismissal, suspension or demotion, subject to
the County Employees Retirement Law of 1937. An appointing
authority after giving notice may place an employee on leave if the
appointing authority has filed an application for disability retire-
ment 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 performance
of duty, may order the employee to undergo at County expense and on
the employees paid time a physical , medical and/or psychiatric exmi-
nation 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 pre-
judice 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 mitigate damages.
D. Before an employee returns to work from any absence for illness or
injury, other leave of absence or disability leave, exceeding two
weeks in duration, the appointing authority may order the employee
to undergo at County expense a physical, medical , and/or psychiatric
examination by a licensed physician, and may consider a report of
the findings on such examination. If the report shows that such
employee is physically or mentally incapacitated for the performance
of duty, the appointing authority may take such action as 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.
The time the employee is scheduled to work during this waiting
30
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 disa-
bility. Continuing pay begins at the same time that temporary
Workers' Compensation starts and continues until the temporary disa-
bility ends , or until one (1 ) year has expired, whichever comes
first. All continuing pay under the Workers' Compensation Program
will be- cleared through the County Personnel Office, Safety
Division.
Whenever an employee who has been injured on the job and has
returned to work is required by an attending physician to leave work
for treatment during working hours the employee shall be allowed
time off up to _ three (3) hours for such treatment without loss of
pay or benefits. This provision applies only to injuries that have
been accepted by the County as a job connected injury.
D. Full Pay Beyond One Year. If an injured employee remains eligible
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 tem-
porary disability benefits until those accruals are exhausted.
Thereafter, the rehabilitation temporary disability benefits will be
paid directly to the employee.
31
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 = s [i - (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 coor-
dinated 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 mili-
tary 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:
A. Integeration with State Disability is automatic and cannot be
waived.
B. 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.
C. If the employee is eligible for State Disability Insurance benefits,
application must be made and the benefits returned to the County for
sick leave credits so that the principle of integration is
completed.
32
D. In the event an employee is not eligible for sick leave credits from
the from the County, there will be no integration and the employee
shall not return State Disability Insurance benefits to the County.
E. In the event an employee receives sick leave benefits for a portion
of the disability period, State Disability benefits must be utilized
to restore. only those sick leave hours used during the period of
disability.
F. Restoration of sick leave balances shall be rounded to the nearest
one-half (1/2) hour.
G. In no instance will an employee be allowed to "purchase" sick leave
not accrued.
H. 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.
14.11 Sick Leave Coalition. The County agrees to meet and confer with the
association along with the other employee organizations in the coalition
regarding implementation of a revised County-wide Sick Leave Policy. Such meet
and confer sessions shall take place during the term of this Memorandum of
Understanding.
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. Upon request to the appointing authority, any employee who has permanent
status in the classified service shall be entitled to at least an eighteen (18)
week (less if so requested by the employee) parental leave of absence, com-
mencing with the birth, adoption, or serious illness of a child or dependent
parent.
Insofar as pregnancy disability leave is used under Section 14.2D, that time
will not be considered a part of the 18 week parental leave period.
Additionally, an employee may choose to remain in a pay status by using
available sick leave (under Section 14) , vacation, floating holiday or compen-
satory time off entitlements during the 18 week parental leave; however, use of
accruals must be on a continuous basis from the beginning of the parental leave
period and may not be "broken" into segments used on . a monthly basis (except as
may be required by SDI buyback under Section 14.9) . Parental leave must be
requested at least 30 days prior to the scheduled leave commencement date unless
an exigency arises.
33
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 the employee' 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
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.
34
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.
15.5 Unauthorized Absence. An unauthorized absence from the work site or
failure to report for duty after a leave request has been disapproved, revoked,
or cancelled by the appointing authority, or at the expiration of a leave shall
be without pay. Such absence may also be grounds for disciplinary action.
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 sta-
tus, 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.
35
Employees called to serve as witnesses in private cases or personal matters
(e.g. , accident suits and family relations) shall take vacation leave or leave
without pay and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to
jury duty as set forth in Section 16 of this Memorandum of Understanding.
Employees shall advise . their department as soon as possible if scheduled to
appear for witness duty. Permanent intermittent employees are entitled to paid
witness duty only for those days on which they were previously scheduled to
work.
Section 17 Health and Welfare, Life and Dental Care
17:1 The County will continue the existing County Group Health Plan program of
medical , dental and life insurance coverage through Delta Dental Plan, Safeguard
Dental Plan, Aetna .. Life Insurance and the medical insurance options of
Kaiser-Permanente Foundation Health Plan, the Contra Costa County Health Plan,
H.E.A.L.S. Health Plan, and lst Choice Health Plan to all permanent full-time
and part-time employees regularly scheduled to work twenty (20) or more hours
per week.
17.2 Health Plan Options &- Ra-tes. Effective January 1 , 1988 the cost of
the existing County Group Health lan Programs will be as follows--
Kaiser
ollows:Kaiser Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 87.98 $ 85.78 $ 2..20
Delta 103.32 94.58 8.74
Safeguard 98.10 95.06 3.04
Family (No Medicare)
No Dental 209.:95 189.86 $ 20.09
Delta - 244.63 198.59 46.04
Safeguard 230.92 198.58 32.34
36
Contra Costa Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 84.40 $ 84.39 $ .01
Delta 99.74 99.73 .01
Safeguard 94.52 94.51 .01
Family (No Medicare)
No Dental 213.45 213.44 .01
Delta 248.13 248.12 .01
Safeguard 234.42 234.41 .01
H.E.A.L.S. Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 94.37 $ 89.20 $ 5.17
Delta 109.71 97.59 12.12
Safeguard 104.49 96.98 7.51
Family (No Medicare)
No Dental 227.41 188.48 $ 38.93
Delta 262.09 199.76 62.33
Safeguard 248.38 200.75 47.63
1st Choice Health Plan Option
Cate or Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $138.70 $135.45 $ 2.73
Delta 153.41 141 .17 12.24
Safeguard 148.19 141 .65 6.54
Family (No Medicare)
No Dental 343.33 318.33 $ 25.00
Delta 378.01 324.86 53.15
Safeguard 364.30 324.85 39.45
37
Dental Plans Only
Category Total Cost County Share Employee Share
Employee Only
Delta $ 16.57 $ 16.56 $ .01
Safeguard 11 .35 11 .34 .01
Family
Delta 35.91 35.90 .01
Safeguard 22.20 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 1/1/88 and are based on the County contri-
buting 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 8/1/88 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-
bers on Medicare by taking the Employee and Dependent(s) rate for the option
selected and subtracting the monthly Part B Medicare premium withheld from
Social Security payments for two enrollees.
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 Audi.tor-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.
38
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.
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
39
u J
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 politi-
cal , or religious or union activities, or race, color, national ori-
gin, 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 perio.d unless the Merit Board specifically reinstates the
former period.
18.6 Regular Appointment. The regular appointment of a probationary
employee shall begin on the day following the end of the probationary period,
subject to the condition that the Director of Personnel receive from the
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.
40
Notwithstanding any other provisions of the Memorandum of Understanding, an
employee rejected during the probation period from a position in the Merit
System to which the employee had been promoted or transferred from an eligible
list, shall be restored to .a position in the department from which the employee
was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months
after being promoted or transferred from a position in the Merit System to a
position not included in the Merit System shall be restored to a position in the
classification in the department from which the employee was promoted or trans-
ferred.
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
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 authority, shall determine whether an examination is to be called on
a promotional basis.
41
19.3 Promotion via Reclassification without Examination. Notwithstanding
other provisions of this Section, an employee may be promoted 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 consti-
tute 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 (70) 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,
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
42
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 individual 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.
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
43
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.
B. Job Notices Posted Five (5) Days 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 bidders, the
department head may fill the position by using the Merit System eli-
gible list or by making internal reassignments.
A late bid shall be accepted if the nurse can 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.
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 person to
fill the position they deem most qualified by virtue of _education,
training, experience and presentation in the interview. In the
event two or more bidders are equally well qualified, the . position
will be filled by the most senior employee submitting a bid. In all
cases, the person selected must possess the minimum qualifications
(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
44
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 ori). 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 id 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
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.
45
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, subject 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-
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:
46
A. absence without leave,
B. conviction of any criminal act involving moral turpitude,
C. conduct tending to bring the merit system into disrepute,
D. disorderly or immoral conduct_ ,
E. incompetence or inefficiency,
F. insubordination,
G. being at work under the influence of liquor or drugs, carrying onto
the premises liquor or drugs or consuming or using liquor or drugs
during work hours and/or on County premises,
H. neglect of duty,
I . negligent or willful damage to public property or waste of public
supplies or equipment,
J. violation of any lawful or reasonable regulation or order given by a
supervisor or Department Head,
K. willful violation of any of the provisions of the merit system ordi-
nance or Personnel Management Regulations,
L. material and intentional misrepresentation or concealment of any
fact in connection with obtaining employment,
M. misappropriation of County funds or property,
N. unreasonable failure or refusal to undergo any physical, medical
and/or psychiatric exam and/or treatment authorized by this
Memorandum of Understanding,
0. dishonesty or theft,
P* excessive or unexcused absenteeism and/or tardiness,
Q. sexual harassment, including but not limited to unwelcome sexual
advances, requests for sexual favors, and other verbal , or physical
conduct of a sexual nature, when such conduct has the purpose or
effect of affecting employment decisions concerning an individual ,
or unreasonably interfering with an individual 's work performance,
or creating an intimidating and hostile working environment.
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
"4-10" 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.
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.
47
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 Response. 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 service
or conflict with continued employment.
C. A statement that the employee may respond to the appointing
authority either orally or in writing within seven (7) calendar
days.
D. A statement that disciplinary action may 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
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 cri-
minal 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
48
directly related to the charges within fourteen (14) calendar days
after the appointing authority has knowledge of final disposition of
the charges.
22.6 Procedure on Dismissal , Suspension or Disciplinary 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 applicable,
the appointing authority shall make an order in writing stating spe-
cifically 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 effective
either upon personal service or deposit in the U. S. Postal Service.
C. Employee Appeals from Order. The employee may appeal an order of
dismissal , suspension or demotion either to the Merit Board or
through the procedures of Section 23 - Grievance Procedure of this
Memorandum of Understanding provided that such appeal is filed in
writing with the 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:
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 pro-
vision of the Memorandum of Understanding has been misinterpreted or
49
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) workdays
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 or designee
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 two (2) Association representatives and two (2)
representatives of the County. 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
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
50
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 arbitra-
tion 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.
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
51
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.
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
52
.I
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.
Registered Nurses and Family Nurse Practitioners may carry over continuing edu-
cation leave at the rate of 5 days and 2 days respectively for a maximum total
of 10 days per year. Such carry-over will be granted without restriction upon
written request. Family Nurse Practioners may carry-over additional continuing
education leave subject to approval .
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.
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.
53
f
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 ($.O1 ) for
each fifteen cents ($.15) 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.
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
54
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 aware of and 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 so that 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 con-
fidential 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.
55
Section 35 - Professional Performance Committees
35.1 There shall be a single Health Services Registered Nurse Professional
Performance Committee which shall consist of two subcommittees_; one for inpa-
tient Registered Nurses and one for outpatient Registered Nurses.
The Committee(s) may consider and discuss issues and subject matters of their
own selection which are related to patient care and nursing practice. The
Committee(s) may also formulate advisory recommendations and proposals 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 to the
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.
35.5 There shall be a . separate Professional Performance Committee for the
Family Nurse Practitioners.
The Committee may consider and discuss issues and subject matters of their own
selection which are related to patient care and nursing practice. The Committee
may .also formulate advisory recommendations and proposals concerning such mat-
ters. The committee shall not discuss economic matters, such as wages, hours and
other economic conditions which may be subject to meet and confer.
The Committee may schedule one regular meeting each month during working hours
which shall be scheduled to conflict as little as possible with clinic schedules
or operational needs. The County will release from duty no more than three
56
Family Nurse Practitioners for a period not to exceed two hours, including tra-
vel time, for attendance at such a meeting.
The Committee shall maintain written minutes and shall provide copies to the
designated supervisor(s) of the Family Nurse Practitioners in the Hospital and
Clinic and Public Health Divisions and shall maintain copies in various loca-
tions for perusal by the Family Nurse Practitioners.
Section 36 - Notice of Hires and Separations
The County agrees to periodically mail to California Nurses' Association the
name, classification, and date of hire or termination of employees in 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
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:
A. 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 eligible list is
established.
B. 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.
57
Section 39 - Reimbursement for Meal Expenses
Employees shall be reimbursed for meal expenses under the following circumstances
and in the amount specified:
A. When the employee is required by the department head to attend a
meeting concerning County business or County affairs.
B. When the employee is required to be out of the regular or normal
work area during a meal hour because of a particular work assign-
ment.
C. When the employee is required to stay over to attend consecutive or
continuing afternoon and night sessions of a board or commission.
D. When the employee is required to incur expenses as host for official
guests of the County, work as members of examining boards, official
visitors, and speakers or honored guests at banquets or other offi-
cial functions.
E. When the employee is required to work three or more hours of over-
time; 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.
A. The loss or damage must result from an event which is not normally
encountered or anticipated on the job and which is not subject to
the. control of the employee.
B. Ordinary wear and tear of personal property used on the job is not
compensated.
C. Employee tools or equipment provided without the express approval of
the .department head and automobiles are excluded from reimburse-
ment.
D. The loss or damage must have occurred in the line of duty.
E. The loss or damage was not a result of negligence or lack of proper
care by the employee.
F. The personal property was necessarily worn or carried by the
employee in order to adequately fulfill the duties and requirements
of the job.
58
G. The loss or damage to employees' eyeglasses, dentures or other
prosthetic devices did not occur simultaneously with a job connected
injury covered by workers' compensation.
H. The amount of reimbursement shall be limited to the actual cost to
repair damages. Reimbursement for items damaged beyond repair shall
be limited to the actual value of the item at the time of loss or
damage but not more than the original cost.
I . The burden of proof of loss rests with the employee.
J. Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to
Personal Property.
Section 41 - Service Awards
The County shall continue its present 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.
59
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.
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-
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 81/2
hours) shall receive not less than 1/2 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 1/2 hour lunch at the hospital shall receive priority service over
non-employees in the hospital cafeteria.
There is no change in shift hours for nurses employed at Juvenile Hall or the
Detention Facility; those remaining on a straight 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
60
J
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.
Section 50 - Floating Committee
Upon request of either party to 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 for Registered Nurses.
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 - Dependent Care
A. Dependent Care Information & Referral Service
On or about March 1 , 1988 the County will administer an "Information
& Referral Service" through the Contra Costa Child Care Council for
the duration of this Memorandum of Understanding.
B. Dependent Care Salary Contribution
Effective the first pay period in August 1988, subject to the appli-
cable provisions of the Internal Revenue Service, employees may
contribute up to $5,000 each calendar year from their salaries for
approved dependent care; only eligible employees may contribute for
such expenses; there is no County contribution for dependent care.
Reimbursements are made on a monthly basis subject to submission of
itemized statements, adequate accumulation of the salary contribu-
tion, proof of payment, and applicable County administrative
procedures.
61
Section 53 - 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 imple-
ment these provisions. It is understood that where it is determined that an
Ordinance is required to implement any of the foregoing provisions, said provi-
sions shall become effective upon the first day of the month following thirty
(30) days after such Ordinance is adopted.
Section 54 - Scope of Agreement and Separability of Provisions
54.1 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.
54.2 Separability of Provisions. Should any section, clause or provision of
this Memorandum of Understanding be declared illegal , unlawful or unenforceable,
by final judgment of a court of competent jurisdiction, such invalidation of
such section, clause or provision shall not invalidate the remaining portions
hereof, and such remaining portions shall remain in full force and effect for
the duration of this Memorandum of Understanding.
54.3 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.
54.4 Duration of Agreement. This Agreement shall continue in full force
and effect from January 1 , 1988 to and including December 31 , 1989. 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 afore-
said termination date of its intention to amend, modify or terminate the
agreement.
62
Date Vis,,z �}l , �($ K
CONTRA STA COUNTY CALIFORNIA NURSES ASSOCIATION
By By
BY
BY �G�/h/ i
i
By By �
By
By
BY
By
BY
63
ATTACHMENT A
a
Health Services Department
OFFICE OF THE DIRECTOR
Hospital & Administration
p 2500 Alhambra Avenue
_ Martinez. California 94553
�'p• -�' (415) 372-4200
srq COLJK�
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 ci ion Contra Costa County Health Services
A-345 Contra Costa Coufty
ATTACHMENT B
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:
This side letter addresses agreement of the County and California Nurses'
Association that provisions of Section 14.4, "Disability" in the 1985-87
Memorandum of Understanding between Contra Costa County and California Nurses'
Association will apply to Association members instead of Personnel Management
Regulation 1105.
If the foregoing conforms with your understanding, please indicate your accep-
tance and approval in the space provided below.
Date -3 An
Cal 'fornia Nurses Associati nContra Costa County
G
Ipmei
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
ATTACHMENT C
.v w
SE L Health Services Department
k Personnel Services
` f
OFFICE OF THE DIRECTOR
n, — - = �S Administrative Offices
O: `:1jpiill F 20 Allen Street
��, a a • VZ Martinez,California 94553-2658
(415)646-4157
COUIZ
May 18, 1988
Ms. Stephanie Brown-Fehm
Labor Representative
California Nurses Association
1100 - llth Street, Suite 200
Sacramento, CA 95814
Dear Ms. Brown-Fehm,
This will confirm our agreement that Merrithew Memorial Hospital will implement
a Patient Classification System based on the following process:
1 . A committee consisting of three representatives designated by management
and three representatives designated by CNA will be convened as soon
as practical following the conclusion of negotiations currently in
process.
2. This committee shall interview and select an outside consultant who
will make recommendations to the committee regarding patient classification
systems. The committee shall review the recommendations of the consultant
and agree upon the selection of a patient classification system for
implementation at Merrithew Memorial Hospital .
3. The target date for completion on item #2 above shall be six months
from the first meeting of the committee.
4. Nurse representatives on the committee shall be given release time
to attend these meetings. To the extent possible, the meetings will
be scheduled at various times to accommodate the work schedules of
the nurse representatives.
5. Upon selection of the Patient Classification System, during its implementation
and thereafter, the JAMM will serve as the oversight committee for
the development of the system. It will receive regular progress reports
on the development of the system and will make recommendations to the
'Associate Hospital Executive Director on points of policy to be resolved
in that process.
Approved and Accepted:
Date• 1 0,,, �23—
Ca-Tifdrnia Nurses As ociation Health Services Department
WB:sf
A410 (2/88)
ATTACHMENT D
r
Health Services Department
»-,--- Personnel Services
OFFICE OF THE DIRECTOR
O Administrative Offices
20 Allen Street
C Martinez,California 94553-2658
� (415)646-4157
COlu
May 18, 1988
Ms. Stephanie Brown-Fehm
Labor Representative
California Nurses Association
1100 - 11th Street, Suite 200
Sacramento, CA 95814
Dear Ms. Brown-Fehm,
This letter will confirm the agreement reached concerning Registered Nurses
who may want to be assigned to the STAT team.
When an RN indicates interest in being assigned to the STAT team, the Department
will meet and confer with CNA regarding the appropriateness of assigning
that nurse to the STAT team. In the event the nurse is subsequently assigned
to the STAT team, the following provisions shall apply:
A ten (10) percent base salary differential shall be paid for those
shifts on which employees in classifications represented by CNA are
specifically assigned by the administration to respond to emergency
"stat-calls" if said employees do not qualify for other hazard assignment
differential . A five (5) percent base pay salary differential shall
be paid for those shifts in which said employees are specifically
assigned to respond to emergency "stat-calls" if said employees qualify
for other hazard assignment differential , said five (5) percent to
be in addition to the "hazard pay" differential .
It is understood that acceptance of the assignment to "stat-call " is voluntary.
Additionally, acceptance of the assignment to "stat-call" is conditional
on an employee(s) having successfully completed required training. It
is further understood that the above referenced salary differential is
based on an employee(s) actually being assigned to "stat-call".
Approved and Accepted:
Date: � "', an , \ 0,v
Calif rnia Nurses AssociationeaFallth Services Department
WB:sf
A410 (2/88)
ATTACHMENT E
4 « v
E
L o Health Services Department
Personnel Services
., -- OFFICE OF THE DIRECTOR
Administrative Offices
+ ,Ifiiill « %� 20 Allen Street
Martinez,California 94553-2658
(415)646-4157
ST'S`COUPZ"�
May 18, 1988
Ms. Stephanie Brown-Fehm
Labor Representative
California Nurses Association
1100 - 11th Street, #200
Sacramento, CA 95814
Dear Ms. Brown-Fehm,
This letter will confirm the agreement reached concerning the Family Nurse
Practitioners employed in the Health Services Department.
Within two months following ratification of the new Memorandum of Understanding,
Department representatives will commence meet and confer sessions with
a team of Family Nurse Practitioners to consider the following issues which
were unresolved during contract negotiations:
- how additional hours will be offered/awarded
- scheduling, including
- every weekend off with 20 years' service
- clarification of schedules and five-week cycle
- AWOP issue when clinics are cancelled
- discussion of the pool concept
- overtime pay for evenings and weekends
- RN versus MD model
- improvement in on-call pay to one hour pay for each two hours on-call.
These meetings will continue on a monthly basis until such time as the
issues. are resolved. The initial meeting will be scheduled as soon as
possible after notification to the Department by CNA that their team is
ready to commence.
Approved and Accepted:
I
Date: �7 j L Q
California Nurses Association Health Services Department
WB:sf
cc: Keith Fleming, I.E.D.A.
Bill Hamilton
A410 (2/88)