HomeMy WebLinkAboutMINUTES - 06191990 - 1.6 (2) o
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on JUNE 19, 1990 , by the following vote:
AYES: Supervisors Powere , Schroder, McPeak, Torlak,-on, Fanden
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION. NO. 90/407
SUBJECT: IN THE MATTER OF APPROVING
THE MEMORANDUM OF UNDERSTANDING
WITH CALIFORNIA NURSES ASSOCIATION
The Contra Costa- County Board of Supervisors RESOLVES THAT:
1 . On June 19, 1990 the Employee Relations Officer submitted the Memorandum of .
Understanding dated May 10, 1990 entered into with the California Nurses
Association and the following unit represented by the Association :
Registered Nurses 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 attached hereto, and Section Numbers 1 through 56 are incor-
porated herein as if set forth in full and made applicable to the employees
in the above-named unit..
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 , 1990.
hereby certify thrat this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisorsl�^e date shown.
oq
\ ATTESTED: UN 1 1990
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
Sy = py :�i "'_ JJ� ,Deputy
Orig. Dept.: Personnel
CC: Health Services Dept.
Auditor-Controller
California Nurses Association
RE.90LIJTION No., 90/4,0.7
ro0
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
CALIFORNIA NURSES ASSOCIATION
EFFECTIVE
JANUARY 1 , 1990 - DECEMBER 31 , 1991
TABLE OF CONTENTS
PAGE
• DEFINITIONS. . . . . . . . . .. . . . . . . . . . . . .. . . .1
SECTION 1 RECOGNITION.. . . . . . . . . . . . . . . . . . . . .. . . .. .. . . . . . . . . . . . .. . . . .. . . ..3
1 .1 Association Recognition.. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . .3
SECTION 2 ASSOCIATION SECURITY.. ... . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. .3
2.1 Dues Deduction.. . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . ... . .. .. . . . .3
2.2 Agency Shop.. . . . . . .. .. .. . . . . . . . . . .. . . . . . . . . . . . . . . . .3
2.3 Communicating With Employees.. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .5
2.4 Use of County Mail System.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
2.5 Use of County Buildings.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
2.6 Advance Notice.. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .6
2.7 Written Statement for NewEmployees.. . . . . . . . . . . . . . . . . . . . . . . . . .6
2.8 Assignment of Classes to Bargaining Units .. . . . . . . . . . . . . . . . . . .7
SECTION 3 NO DISCRIMINATION.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
SECTION 4 NURSE REPRESENTATIVES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
4.1 Attendance at Meetings.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .7
4.2 Association Representative.. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .8
SECTION 5 SALARIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .8
5.1 General Wage Increases.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
5.2 Longevity Pay.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
5.3 Pay Equity Study.. . . . . . . . . . . .9
5.4 Relief of Advanced R.N. by�Experenced R.N. . . . . . . . . . . . .. . . . ..10
5.5 Application of Provisions.. . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . .10
5.6 Entrance Salary... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .10
5.7 Anniversary Dates.. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .10
A. New Employees... . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .10
B. Promotions.. . . . .. . . . . . . . .. . . .10
C. Demotions.. . . . . . . . . . . . . . . ... .10
D. Transfer, Reallocation Reclassification.. . . . . . . .. . . .10
E. Reemployments.. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . .10
F. Appointment Above Minimum Salary... . . .. . . . . . . . . . . . . . .10
5.8 Increments Within Range.. . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . .11
5.9 Part-Time Compensation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .11
5.10 Compensation for Portion of Month.. . .. . . . . . . . . . . . . . . . . . . . .. . .11
5.11 Position Reclassification.. . . . . ... . .. .. . . . . . . ... .11
5.12 Salary Reallocation & Salary on Reallocation.. .. . . . . . . . . .. . . .12
5.13 Salary on Promotion.. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .12
i
PAGE
SECTION 11 SEPARATION THROUGH LAYOFF (CONT-D. )
11 .4 Particular Rules on Displacing.. . . . . . . . . . . . . . . . . . . . . . . . . . ..20
11 .5 Seniority.. . . . . . . . . .20
11 .6 Eligibility for Layoff List.. . . . . . . . .. . .. . . . . . ... . . . . . . . .. . . .20
11 .7 Order of Names on Layoff.. . . . . . . . . . . . . . . . . . . . . . . .. . . .21
11 .8 Duration of Layoff & Reemployment Rights.. . ... . . . .. . . . . .. . . . .21
11 .9 Certification of Persons. From Layoff Lists.. . . .. . . . . . . . . . . ...21
11 .10 Removal of Names From Reemployment & Layoff Lists.. . . . . . . . .. .21
11 .11 Association Notification.. . . . . . . . . . .. . . . . . .. . . . .. . . . . . . . . . . . .22
SECTION 12 HOLIDAYS.. . . . . .. .. . . ... . . ... . ... . . . . . .. . . . . . . . . . . . . . . . .. . . ..22
12.1 Holidays Observed.. . . . . . . . . . . . . . . . . . . . . . . . . . . .22
12.2 Application of Holiday Credit.. . . . . . . . . . . . . . . . . . . . . .. . .. ..23
12.3 Permanent Part-Time Employees.. . . . . . . . . . . . . . . .. . . . . . . . . . .. . . .23
12.4 4-10 Shift.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
A. Holiday Shift Pay.. . . . . . . . . . . . . . . . . . . . . . . .. . . . . ... . . .. . .23
B. Absence on Holiday.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
. 12.5 Accrual of Holiday Time & Credit.. . . . . . . . . . . . . . . . . . . . .23
12.6 Thanksgiving, Christmas or New Year's DayOff.. . . . . . . . . . . . . ..24
12.7 Thanksgiving or Christmas Holiday Meal . . . . . . . . . . . . . . . . . . . . . ..24
12.8 Permanent-Intermittent Holiday Pay.. . . . . . . . . . . . . . . . . . . . . . . . . .24
SECTION 13 VACATION.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .24
13.1 Vacation Allowance.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
13.2 Vacation Accrual Rates.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..25
13.3 Leave Without Pay.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .25
13.4 Professional Sabbatical Leave.. . . . . . . . . . . . . .. . . . . . . . . . .25
13.5 Vacation Allowance for Separated Employees.. . . . . . . . . . . . . . . . . .25
13.6 Permanent Part-Time/Permanent-Intermittent Positions.. . . . . . . .25
13.7 Vacation Scheduling.. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .25
13.8 Policy Governing FNP Vacation Requests.. . . . . . . . . . . . . . . . . . . . . .26
SECTION 14 SICK LEAVE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . ..26
14.1 Purpose.. . . . . . .. . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..26
14.2 Accrual ... .. . .. �
. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . ... . . . .26
A. Temporary Illness or Injury.. . .. . . . . . .. .. . . . .. . . . . .. . .. .26
B. Permanent Disability... . . . . . .. .. . . ... . . . . . . . . . . . . . . . . .26
C. Communicable Disease.. . . . .. . . . . . .. . ..27
D. Pregnancy.. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..27
E. Medical & Dental Appointments.. . . . . . . .. . . . . .. . . . . .. . . . ..27
F. Emergency Care .of Family.. . . . . . . . . . . ... . . . . .. . . . . . . .28
G. Death of Family Member.. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ..28
iii
PAGE
SECTION 19 PROMOTION.. . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .40
19.1 Competitive Exam.. . . . . . . . . .. . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . .40
19.2 Promotion Policy. . . . . . . . . . . . . . . . . . . . . . . .40
19.3 Promotion Via Reclassification Without Examination.. . . . . . . .. .40
19.4 Requirements for Promotional Standing.. . . . . .. . . .. . . . .. . . . . .. .41
19.5 Seniority Credits. . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . .41
19.6 Physical Examination Requirement.. . . . . . . . . . . . . . . . . . . . . . . . . . . .41
SECTION 20 TRANSFER... . . . .. . . .. . . . . . . . . . . . . .. . .42
20.1 Conditions Required for Transfer.. . . . . . . .. . . . . . . . . . . . . . . . .. .42
20.2 Transfer Without Examination.. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .42
20.3 Initiating a Transfer.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42
20.4 Bid Procedure.. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43
SECTION 21 RESIGNATIONS. . . .. ... .. . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44
21 .1 Resignation in Good Standing.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44
21 .2 Constructive Resignation.. . . . . . . . . .. . . .. . . .. . . . . . . . . . . . . . . . . .44
21 .3 Effective Resignation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44
21 .4 Revocation.. . . . . . . . . . . . . . . . . . . . .44
21 .5 Coerced Resignations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . .. . .44
21 .6 Eligibility for Reemployment.. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .45
SECTION 22 DISMISSAL, SUSPENSION AND DEMOTION.. . . . . . . . .. . . . . . . . . . . . . . . . .45
22.1 Sufficient Cause for Action.. . . . . . . . . . . . .. . . . . . . . . .45
22.2 Skelly Requirements.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46
2.2.3 Leave Pending Employee Response... . . . . . . . . . .. . . . . . . . . . . . . . .47
22 .4 Length of Suspension.. . . . . . . . . . . . . . . . . .47
. . . . . . . . . . . . . .
22.5 Procedure on Dismissal , Suspension or Disciplinary Action.. . .47
SECTION 23 GRIEVANCE PROCEDURE... . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . .47
23.1 Definition and Procedural Steps.. . . . . . . . . . . . . . . . .47
. . . . . . . . . ..
23.2 Scope of Adjustment Board and Arbitration Dec is ions.. . . . . . . . .49
23.3 Time Limits .. . . . . .. . . . . . . . . . . . . . . . .. . .. . . . . . . . . .. . . . .49
23.4 Association Notification.. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. .. .49
23.5 Compensation Complaints .. . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .49
23.6 No Strike.... . . . . . . . . . . . . . . . . . . . . . . .50
23.7 Merit Board.. . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . .50
23.8 Filing by Association. .. . . .50
SECTION 24 BILINGUAL PAY.. . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . .. . .50
v
PAGE
SECTION 39 REIMBURSEMENT FOR MEAL EXPENSES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56
SECTION 40 COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY. . . . . . . . .56
SECTION 41 SERVICE AWARDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57
SECTION 42 UNFAIR LABOR PRACTICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57
SECTION 43 LENGTH OF SERVICE DEFINITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57
SECTION 44 PERMANENT PART-TIME EMPLOYEE BENEFITS. . . . . . . . . . . . . . . . . . . . . . . .57
SECTION 45 PERMANENT- INTERMITTENT EMPLOYEE BENEFITS. . . . . . . . . . . . . . . . . . . . .57
SECTION 46 PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN. . . . . . . . . . . . .. . . . .58
SECTION 47 PROVISIONAL EMPLOYEE BENEFITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58
SECTION 48 LUNCH PERIOD/REST BREAK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58
SECTION 49 CASE MANAGEMENT TIME. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58
SECTION 50 HEALTH EXAMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59.
SECTION 51 FLOATING COMMITTEE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59
SECTION 52 LEAVE DENIALS. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59
SECTION 53 STAT-CALL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59
SECTION 54 SPECIAL STUDIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59
SECTION 55 ADOPTION. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .60
vii
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 , 1990 and
ending December 31 , 1991 .
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 qualifi-
cations 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 allo-
cated 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 pro-
vided 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 .
1
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 I 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 which does
not exceed an amount which may be lawfully collected under appli-
cable constitutional , statutory, and case law, which under no cir-
cumstances shall exceed the monthly dues, initiation fees and
general assessments made during the duration of this Memorandum of
Understanding. It shall be the sole responsibility of the
Association to determine an agency shop fee which meets the above
criteria; or
3. do both of the following:
3
G. The Association shall indemnify, defend and save the County harmless
against any and all claims , demands, suits , orders, or judgments , or
other forms of liability that arise .out of or by reason of this Agency
Shop Section, or action taken or not taken by the County under this
Section. This includes but is not limited to the County's attorney
fees and costs .
H. The authorization of payroll deductions described in Subsection F shall
require the employee to agree to 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.
I . 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 .
5
?.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 repre-
sentation 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 organiza-
tions where appropriate) to seek agreement on this matter within sixty
(60) days after the ten (10) day period in Subsection B, unless other-
wise mutually agreed . Thereafter, the procedures in cases of agreement
and disagreement, arbitration referral and expenses, and criteria for
determination shall conform to those in Subsections D through I of
Section 34-12.008 of Board of Supervisors Resolution 81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin,
sexual orientation or Association activities against any employee or applicant
for employment by the County or by anyone employed by the County; and to the
extent prohibited by applicable State and Federal law there shall be no discri-
mination because of age. There shall be no discrimination against any han-
dicapped person solely because of such handicap unless that handicap prevents
the person from meeting the minimum standards established for the position.
There shall be no discrimination because of Association membership or legitimate
Association activity against any employee or applicant for employment by the
County or anyone employed by the County.
SECTION 4 - NURSE REPRESENTATIVES
4.1 Attendance at- Meetings. Employees designated as nurse representatives of
the Association shall be allowed to attend meetings held by County agencies
during regular working hours on County time as follows:
A. If their attendance is required by the County at a specific meeting;
B. if their attendance is sought by a hearing body or presentation of testi-
mony 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 pur-
suant to Section 23 — Grievance Procedure of this Memorandum;
D. if they are designated as a nurse representative in which case they may
7
B. Family Nurse Practitioner
Clinical Nurse Specialist-Obstetrics/Gynecology
Clinical Nurse Specialist-Psychiatric
Clinical Nurse Specialist-Psychiatric - _Project
Monthly Rate
Effect. Effect. Effect. Effect.
Step on Salary Range 1/1/90 7/1/90 1/1/91 7/1/91
1 3693 3772 4073 4156
2 3878 3960 4277 4363
3 4072 4158 4491 4581
4 4275 4366 4715 4811
5 4489 4584 4951 5051
5:2 Longevity Pay. Effective July 1 , 1990 employees who have completed ten
(10) or more years of employment shall receive longevity pay in the amount of
two percent (2q) per month of base pay.
5.3 Pay Equity Study. A pay equity study using point factor methodology will
be carried out by the County using County Staff and resources. The County shall
attempt to complete the study as early as possible, but no later than March 1 ,
1991 .
Pay equity adjustments resulting from the study shall be subject to meeting and
conferring for a successor Memorandum of Understanding commencing October 1 ,
1991 .
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.
Pay equity adjustments resulting from the study shall be subject to meeting and
conferring for a successor Memorandum of Understanding commencing October 1 ,
1991 .
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 employees.,
within five years from the effective date of this agreement, by any person(s)
employed or formerly employed in a class(s) represented by the participating
unions, the union(s) representing such class(s) 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.
9
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 deter-
mine whether the salary of the employee shall be advanced to the next higher
step in the salary range. Advancement shall. be granted on the affirmative
recommendation of the appointing authority, based on satisfactory performance by
the employee. The appointing authority may recommend denial of the increment or
denial subject to one additional review at some specified date before the next
anniversary, such date to be set at the time the original report is returned.
This decision may be appealed through the Grievance Procedure.
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 . Incase an appointing authority recommends denial of the within
range increment on some particular anniversary date, but recommends a special
salary review at some date before the next anniversary the special salary review
shall not affect the regular salary review on the next anniversary date.
Nothing herein shall be construed to make the granting of increments mandatory
on the County. If an operating department verifies in writing that an adminis-
trative or clerical error was made in failing to submit the documents needed to
advance an employee to the next salary step on the first of the month when eli-
gible, said advancement shall be made retroactive to the first of the month when
eligible.
5.9 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 percent
(15%) 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 position
which is reclassified to a class which is allocated to the same range of the
basic salary schedule as is the class of the position before it was
reclassified , shall be paid at the same step of the range as the employee
received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated
to a lower range of the basic salary schedule shall continue to receive the same
11
except as provided under Section 5.16, shall receive the salary in the new
salary range which is next higher than the rate received before promotion. In
the event this increase is less than five (5) percent, the employee's salary
shall be adjusted to the step in the new range which is at least five (5) per-
cent greater than the next higher step; provided, however, that the next step
shall not exceed the maximum salary for the higher class. In the event of the
promotion of a laid off employee from the layoff list to the class from which
the employee was laid off, the employee shall be appointed at the step which the
employee had formerly attained in the higher class unless such step results in
an increase of less than five (5) percent, in which case the salary shall be
adjusted to the step in the new range which is five (5) percent greater than the
next higher step, if the new range permits such adjustment.
5 .14 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.16, shall have his/her salary reduced to the monthly
salary step in the range for the class of position to which he/she has been
demoted next lower than the salary received before demotion. In the event this
decrease is less than five (5) percent, the employee's salary shall be adjusted
to the step in the new range which is five (5) percent less than the next lower
step; provided , however, that the next step shall not be less than the minimum
salary for the lower class .
Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights , the salary of
the demoted employee shall be that step on the salary range which he/she would
have achieved had he/she been continuously in the position to which he/she 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 range lower than that of the class from
which he or she demotes, his or her salary shall remain the same if the steps in
his or her 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 depp 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 permanent
position in the merit system is required to work in a classification for which
the compensation is greater than that to which the employee is 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 of the assignment, (after eighty (80) hours for employees on schedules other
than eight (8) hours) under the following conditions:
13
case of an election made pursuant to 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.
5 .19 Nursing Certification Test Fee Reimbursement. The County shall reimburse
employees for test fees involved in taking National Certification tests upon
presentation of certification.
SECTION 6 - DAYS AND HOURS OF WORK
6.1 Work Week. The work wee-k of County employees is forty (40) hours normally
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 operational
requirements of a department require deviations from the usual pattern of five
(5 ) eight (8) hour days per work week, an employee's work hours may be scheduled
to meet these requirements , but 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 and Family Nurse Practitioners with 20 years of service with
the County shall , upon request, be granted every weekend off.
5.3 Time Changes : Pacific Standard Time/Daylight Savings Time. For those nur-
ses who work on the shift when day light 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
hours per week or eight hours per day. Overtime for employees on other work
schedules such as on ten (10) hour or twelve (12 ) hour shifts is any work per-
formed 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 that eight (8) hours a day or forty 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.
15
F. Employees may not use more than one hundred twenty (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 bet-
ween 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 classification eli-
gible for compensatory time off to another classification eligible for com-
pensatory time off within the same department, the employee' s accrued com-
pensatory time off balance will be carried forward with the employee.
I . Compensatory time accrual balances will be paid off when an employee moves
from one department to another through promotion, demotion or transfer.
Said payoff will be made in accordance with the provisions and salary of the
class from which the employee is promoting, demoting or transferring as set
forth in J. below.
J. Since employees accrue compensatory time off at the rate of one and one-half
(1-1/2) hours for each hour of authorized overtime wroked , accrued compen-
satory 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 compensatory
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 pro-
cedures to administer this Section.
7.3 Contiguous Shifts. At the County's request, if an employee works two (2)
contiguous shifts normally sixteen (16) continuous hours) which is outside the
employee's regular work schedule and the first eight (8) 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 addi-
tion 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.
17
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 Employees in the Registered Nursing Unit whose regular shift is extended
such that it ends twelve (12) consecutive hours or more after its beginning
shall receive shift differential, paid at the differential rate appropriate for
those additional hours in excess of eight (8) .
10.3 Shift Differential for Employees Working a Holiday. When a shift employee
works on a recognized holiday, the employee shall be entitled to holiday pay and
shift differential to be computed on the employee's base salary.
10.4 Weekend Differential . Registered Nurses shall receive a weekend shift
bonus of an increased 22.00 per shift for each weekend shift worked which : 1 )
falls on weekends for which the nurse is not scheduled to work in their normal
work schedule; 2) falls between the beginning of the night shift on Friday and
the end of the evening shift on Sunday; 3) is worked for the full duration of
the shift, and 4) is not the result of a trade. The Registered Nurse is to note
such qualifying shifts on his/her time sheets in order to receive this compen-
sation.
SECTION 11 - SEPARATION THROUGH LAYOFF
11 .1 Grounds for Layoff. Any employee(s) having permanent status in
position s) in the merit service may be laid off when the position is no longer
necessary, or for reasons of economy, lack of work, lack of funds or for such
other reason(s) as the Board of Supervisors deems sufficient for abolishing the
position(s) .
11 .2 Order of Layoff. The order of layoff in a department shall be based on
inverse seniority in the class of positions, the employee in that department
with least seniority being laid off first and so on.
11 .3 Layoff By Displacement.
A. In the same class. A laid off permanent full time employee may
displace an employee in the department having less seniority in the
same class who occupies a permanent intermittent or permanent part-
time position , the least senior employee being displaced first.
B. In the same level or lower class. A laid off or displaced employee
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 .
19
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 displa-
cement, 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 different depart-
ments , the tie(s) shall be broken by length of last continuous permanent 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 Layoff Lists . The Director of Personnel may remove
the name of any eligible from a 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 eligible that the
;eligible declines certification or indicates no further desire for appoint-
ment 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 eligible.
E. If five (5) certifications for permanent appointment from an open employment
list, including certification to two (2 ) different departments if the class
has permanent positions in more than one (1 ) department have failed to
result in selection and appointment.
21
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.
l?.3 Permanent Part-Time and Permanent-Intermittent Employees who work on a
holiday shall receive overtime pay or compensatory time credit for all hours
worked , up to a maximum of 8.
Permanent part-time employees who do not work on a holiday shall receive holiday
credit in the same ratio to the holiday credit given full time employees as the
number of hours in the regular full time schedule, regardless of whether the
holiday falls on the part-time employee' s regular work day.
12.4 "4-10" 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, vacation
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:
A. Eligible employees may elect, on a quarterly basis , the method of reimbur-
23
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 Professional Sabbatical Leave. Employees who have completed five (5)
years or more of employment shall annually receive three (3) days of paid sab-
batical leave. This leave shall be granted under the same provisions for vaca-
tion leave.
13.5 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the
employee' s then current pay rate.
13.6 Employees in permanent part-time and permanent -intermittent positions
shall accrue vacation benefits on a prorated basis as provided in Resolution
81/1165 , Section 36-2.006.
13.7 Vacation for employees in the Hospital and Clinic Division Hospital
Nursing Service (including the Detention Facilities) and Ambulatory Care Nursing
Services shall be scheduled on an annual Cycle, April 1 through March 30.
Employees must submit their written vacation request by March 1st of each year.
The Hospital will post a schedule of vacations by April 1st of each year.
Only one employee per classification from each work site and shift may be
preapproved for vacation at the same time. In case of conflict, the employee
with the greater length of service in their classification will receive the
requested vacation time. Less senior employees will be given the opportunity to
request a different time before the annual schedule is posted.
Vacation requests submitted after March 1st to the Nurses' assigned Nursing
Program Manager shall be considered on a first come basis and the County will
respond to such requests within 30 days from receipt. If staffing and patient
care requirements do not permit all Registered Nurses requesting a certain vaca-
tion preference to take their vacations over the same period, length of service
in their classification among those Registered Nurses who submit vacation
requests at the same time shall be the determining factor within each work area.
Arrangements for vacation replacements shall be the responsibility of Nursing
Service, it being understood that denial of the vacation request may result if
Nursing Service is unable to arrange for replacements.
25
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 disability. The appointing authority may review
medical evidence and order further examination as deemed necessary, and
may terminate use of sick leave when such further examination demonstra-
tes that the employee is not disabled , or when the appointing authority
determines that the medical evidence submitted by the employee is insuf-
ficient, or where the above conditions have not been met.
C. Communicable Disease. An employee may use paid sick leave credits while
under a physician' s orders to remain secluded due to exposure to a com-
municable 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 statement must address itself to the
employee's general physical condition having considered the nature 'of the
work performed by the employee, and it must indicate the date of the commen-
cement 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 provided the County with a written statement from her attending physi-
cian stating that her disability continues and the projected date of the
employee's recovery from such disability.
E. Medical and Dental Appointments. . An employee may use paid sick leave cre-
dits for medical and dental appointments as follows:
27
C. Employees are responsible for obtaining advance approval from their
appointing authority or designee for the scheduled time of prearranged per-
sonal or family medical and dental appointments .
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 retirement for the
employee, or whom the appointing authority believes to be temporarily
or permanently physically or mentally incapacitated for the performance
of the employee's duties.
B. An appointing authority who has reasonable cause to believe that there
are physical or mental health conditions present in an employee which
endanger the health or safety of the employee, other employees, or the
public, or which impair the employee's performance of duty, may order
the employee to undergo at County expense and on the employees paid
time a physical , medical and/or psychiatric exmination by a licensed
physician and receive a report of the findings on such examination. If
the examining physician recommends that treatment for physical or men-
tal health problems , including leave, are in the best interests of the
employee or the County in relation to the employee overcoming any disa-
bility 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 preju-
dice 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 purposes of deter-
mining Workers' Compensation benefits.
B. Three (3) consecutive calendar days following the last day worked
constitutes a waiting period before Workers' Compensation starts . The
29
F. Health Insurance. The County contribution to the employee's group
insurance plan s continues during the continuing pay period and during
integration of sick leave or vacation with workers' compensation bene-
fits .
G. Integration Formula. An employee's sick leave and/or vacation charges
shall be calculated as follows:
C = 8 1 - (W=S)
Where C = Sick leave or vacation charge per day (in hours)
W = Statutory workers ' compensation for a month
S = Monthly salary
14.6 Definition of Immediate Family. For the purposes of this Section 14 the
immediate family shall be restricted to the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister, grand-
parent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law or sister-in-law of an employee.
14.7 On May 26, 1981 the Board of Supervisors established a labor-management
committee to administer a rehabilitation program for disabled employees. It is
understood that the benefits specified above in this Section 14 shall be 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. Integration 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 , appli-
cation must be made and the benefits returned to the County for sick leave
credits so that the principle of integration is completed.
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.
31
A. Leave without pay may be granted for any of the following reasons :
1 . Illness or disability;
2. pregnancy;
3. parental ;
3. to take a course of study such as will increase the employee's use-
fulness 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.
33
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,
lst Choice Health Plan, and the H.E.A.L.S. Health Plan to all permanent
employees regularly scheduled to work twenty (201 or more hours per week. .
However, the H.E.A.L.S.Health Plan will be terminated effective February 28,
1990.
17.2 Health Plan Options & Rates . Effective February 1 , 1990 the cost of the
existing County Group Health Plan Programs will be as follows:
KAISER HEALTH PLAN OPTION
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $106.82 $100.59 $ 6.23
Delta 124.63 110.58 14.05
Safeguard 117.46 110.39 7.07
Family (No Medicare)
No Dental 246.65 216.82 $ 29.83
Delta 286.94 229.25 57.69
Safeguard 268.67 226.59 42 .08
35
DENTAL PLANS ONLY
Category Total Cost County Share Employee Share
Employee Only
Delta $ 19.04 $ 1.9.03 $ .01
Safeguard 11 .87 11 .86 .01
Family
Delta 41 .52 41 .51 .01
Safeguard 23.25 23.24 .01
The employee will pay a minimum of one cent ($.O1 ) for any Health Plan or Dental
Care Coverage.
17.3 Increased Costs . All rates shown above include life insurance coverage.
The rates listed above are effective February 1 , 1990 and are based on the County
contributing up to a maximum of ten dollars ($10.00) per month of increased pre-
mi.um for a single subscriber and twenty-three dollars ($23.00) per month of
increased premium for a subscriber with dependents, for the Kaiser and
H.E.A.L.S. Health Plans .
Effective October 1 , 1990, the County will contribute up to ten dollars ($10.00)
per month for a single subscriber and up to twenty-six dollars ($26.00) per
month for a subscriber with dependents , for the Kaiser and First Choice Health
Plans .
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.
17.4 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 subtacting the monthly Part B Medicare premium withheld from Social
Security payments for two enrollees.
17.5 Partial Month. The County's contribution to the Health Plan premium is
payable for any month in which the employee is paid. If an employee is not paid
enough compensation in a month to pay the employee share of the premium, the
employee must make up the difference by remitting the amount delinquent to the
Auditor-Controller. The responsibility for this payment rests with the
employee. If payment is not made, the employee shall be dropped from the health
plan . An employee is thus covered by the health plan for the month in which
compensation is paid.
37
otherwise provided by law. For those employees appointed to permanent-
intermittent positions with a six (6) months probation period, probation will be
considered completed upon serving one-thousand (1 ,000) hours after appointment
except that in no instance will this period be less than six (6) calendar months
from the beginning of probation. If a permanent-intermittent probationary
employee is reassigned to full-time, credit toward probation completion in the
full-time position shall be prorated on the basis of one hundred seventy-three
(173) hours per month. For employees appointed to permanent part-time positions
with a six (6) month probation period, probation will be considered completed
after serving six (6) months in the permanent part-time position.
18.5 Rejection During Probation. An employee who is rejected during the proba-
tion period and restored to the eligible list shall begin a new probationary
period if subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this
section , an employee (probationer) shall have the right to appeal from
any rejection during the probationary period based on political , or
religious or union activities, or race, color, national origin, sex,
age, handicap, or. sexual orientation.
B. The appeal must be written , must be signed by the employee and set
forth in facts by which it is claimed that grounds for appeal exist
under Subsection A and must be filed through the Director of Personnel
to the Merit Board by 5:00 p.m on the 7th calendar day after the date
of delivery to the employee of notice of rejection.
C. The Merit Board shall consider the appeal , and if it finds probable
cause to believe that the rejection may have been based on grounds
prohibited in Subsection A, it may refer the matter to a Hearing
Officer for hearing, recommended findings of fact, conclusions of law
and decision, pursuant to the relevant provisions of the Merit Board
rules in which proceedings the rejected probationer has the burden of
proof.
D. If the Merit Board finds no probable cause for a hearing, it shall
deny the appeal . If, after hearing, the Merit Board upholds the
appeal , it shall direct that the appellant shall begin a new proba-
tionary period unless the Merit Board specifically reinstates the
former period.
18.6 Regular Appointment. The regular appointment of a probationary employee
shall begin on the day following the end of the probationary period , 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 recommended for
permanent appointment. A probationary employee may be rejected at any time
during the probation period without regard to the Skelly provisions of this
Memorandum of Understanding, without notice and without right of appeal or
hearing. If the appointing authority has not returned the probation report, a
probationary employee may be rejected from the service within a reasonable time
after the probation period for failure to pass probation. The Department will
39
SECTION 19 - PROMOTION
19.1 Promotion shall be by competitive examination unless otherwise provided in
this Memorandum of Understanding.
19.2 Promotion Policy. The Director of Personnel , upon request of an
appointing authority, shall determine whether an examination is to be called on
a promotional basis .
19.3 Promotion via Reclassification without Examination. Notwithstanding other
provisions of this Section , an employee may be promoted from one classification
to a higher classification and his/her position reclassified at the request of
the appointing authority and under the following conditions:
A. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level
of work.
B. The incumbent of the position must have performed at the higher level for
one (1 ) year.
C. The incumbent must meet the minimum education and experience requirements
for the higher class.
D. The action must have approval of the Director of Personnel .
E. The Association approves such action.
The appropriate rules regarding probationary status and salary on promotion are
.applicable.
19.4 Requirements for Promotional Standing. In order to qualify for an exami-
nation called on a promotional basis , an employee must have probationary or per-
manent 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 exa-
minations and who have earned a total score, not including seniority credits , of
seventy (70) percent or more, shall receive, in addition to all other credits,
five one-hundredths ( .05) of one percent for each completed month of service as
a permanent County employee continuously preceding the final date for filing
application for said examination. For purposes of seniority credits, leaves of
absence shall be considered as service. Seniority credits shall be included in
the final percentage score from which the rank on the promotional list is deter-
mined . No employee, however, shall receive more than a total of five (5) per-
cent credit for seniority in any promotional examination.
19.6 County employees who are required as part of the promotional examination
process to take a physical examination shall do so on County time at County
expense. 41
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.
?0.4 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 eligible 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 reassignment must be posted
for permanent employee bidding.
D. Who May Bid? All permanent full-time, permanent part-time and permanent
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 job that
the selected bidder left. If the decision is made by either the supervisor
or the employee to seek immediate reassignment, the employee must take
another open job (not bid on) . The old job may not be reclaimed because the
employee once held it.
43
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 contained 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 deci-
sion but without loss of seniority or pay, subject to the employee's
duty to mitigate. damages.
2.1 .6 Eligibility for Reemployment. Within one (1 ) 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 indica-
tive rather than inclusive of restrictions and dismissal , suspension or demotion
may be based on reasons other than those specifically mentioned:
A. absence without leave,
B. conviction of any criminal act involving moral turpitude,
C. conduct tending to bring the merit system into disrepute,
D. disorderly or immoral conduct,
E. incompetence or inefficiency,
F. insubordination,
45
E. A statement that the employee has seven (7) calendar days to respond to the
appointing authority either orally or in writing.
Employee Response. The employee upon whom a Notice of Proposed Action has been
served shall have seven (7) calendar days to respond to the appointing authority
either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend
in writing the period to respond . If the employee's response is not filed
within seven (7) days or during any extension, the right to respond is lost.
22.3 Leave Pending Em to ee 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 the Merit Board.
22 .5 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 specifi-
cally 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 per-
sonal 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 applica-
tion 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 Union may represent the employee at any stage of the process. Grievances
must be filed within thirty (30) days of the incident or occurence about which
the employee claims to have a grievance and shall be processed in the following
manner:
47
23.2 Scope of Adjustment Board and Arbitration Decisions.
A. Decisions of Adjustment Boards and arbitrators on matters properly
before them shall be final and binding on the parties hereto, to the
extent permitted by law..
B. No Adjustment Board and no arbitrator shall entertain, hear, decide or
make recommendations on any dispute unless such dispute involves a
position in a unit represented by the Union which has been certified
as the recognized employee organization for such unit and unless such
dispute falls within the definition of a grievance as set forth in
Subsection 23.1 above.
C. 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 connec-
tion with such proposals, may be referred to arbitration under this
Section. Neither any Adjustment Board nor any arbitrator shall have
the power to amend or modify this Memorandum of Understanding or writ-
ten 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.
2.3.3 The time limits specified above may be waived by mutual agreement of the
parties to the grievance. If the County fails to meet the time limits specified
in Steps 1 through 3 above, the grievance will automatically move to the next
step. If an employee fails to meet the time limits specified in Steps 1 through
3 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 formal
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
49
program as determined by the Board of Retirement of the Contra Costa County
Employees' Retirement Association without the County paying any part of the
employees share. The County will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
SECTION 26 - TRAINING REIMBURSEMENT
26.1 The County Administrative Bulletin on Training shall govern reimbursement
for training and . shall continue to limit reimbursement for career development
training to two hundred dollars ($200) per semester or one hundred fifty dollars
($150) per quarter, not to exceed six hundred dollars ($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.
26.2 The Health Services Department will provide Advanced Cardiac Life Support
certification and recertification classes to those employees who are required to
be certified at a cost of no more than twenty-five dollars ($25 .00) to the
employee.
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.
51
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 Office, it is the policy of the Auditor-Controller's
Office that the error will be corrected and a new warrant issued within forty-
eight (48) hours, exclusive of Saturdays, Sundays and holidays from the time the
Department is made aware of and verifies that the pay warrant is in error.
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 infor-
mation which is not confidential nor legally protected with a minimum of two
weeks advance notice.
B. Upon request of the Association, the County agrees to schedule meetings
similar in concept for the Public Health Division.
53
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 appli-
cants 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 decision.s 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.
55
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.
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. 57.
SECTION 50 - 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 51 - 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 52 - 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 53 STAT-CALL
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
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 ".
SECTION 54 - SPECIAL STUDIES
A. During the term of this Memorandum of Understanding, the County intends to
study the feasibility of instituting a shared savings plan for its Health
Plan premiums and will meet and confer with the Association prior to any
implementation.
B. As soon as possible, the County intends to implement the provisions of IRS
Section 125 - Medical Insurance Premiums , which will allow employees, at
their option, to pay health care premiums with pre-tax dollars.
59
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.
56.3 Personnel Management Regulations. Where a specific provision contained in
a section of this Memorandum of Understanding conflicts with a specific provi-
sion contained in a section of the Personnel Management Regulations, the provi-
sion of this Memorandum of Understanding shall prevail . Those provisions of the
Personnel Management Regulations within the scope of representation which are
riot 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 and as such remain in full force and effect.
56.4 Duration of A reement. This Agreement shall continue in full force and
effect from January9p0 to and including December 31 , 1991 . Said Agreement
shall automatically renew from year to year thereafter unless either party gives
written notice to the other prior to sixty (60) days from the aforesaid ter-
mination date of its intention to amend , modify, or terminate the Agreement.
DATE: "4 l , I cl q O
CONTRA COSTA COUNTY CALIFORNIA NURSES ASSOCIATION
BYE /
v
BY BY7�p �nni� }(C
Stephanie Brown Fehm, RN, FNP
Labor Representative
BY _� BY
emy ernardo , RN
BY BY
i Peggy Lehrman, RN, Alternate
BY
E aine M( one, RN
BYcr---
Jane Russo , RN
BY
Linda Stephent�on, RN . FNP
A77ACn.!7?d, B
ContraL. ° Personnel Department
�� -- ..
CostaThird Floor, Administration Bldg.
c a 651 Pine Street
County 4° Martinez, California 94553.1292
s� (415)646-4064
r'fi'
STA CO l'f�
Harry D. Cisterman
February 15, 1990 Director of Personnel
Stephanie Brown-Fehm
California Nurses Association
1100 - llth Street, #200.
Sacramento CA 95814
RE : Family Nurse Practitioners - Recognition of Excellence
Dear Ms. Brown-Fehm:
This is to confirm our agreement that the Health Services Department will imple-
ment a system to recognize excellence in the performance of Family Nurse
Practitioners based on the following:
1 . A committee consisting of an equal number of representatives designated by
management and by the California Nurses Association (not to exceed three
each) will be convened as soon as practical following the signing of a
Memorandum of Understanding.
2. This committee will develop the criteria upon which monetary recognition for
excellence will be awarded, the duration of the award, the title of process,
and the, methodology for application by the Family Nurse Practitioners to
process.
3. The goal for implementation of this process shall be December 31 , 1990.
If the foregoing conforms to your understanding, please indicate your approval
and acceptance in the space provided below.
Dated
CONTRA COSTA COUNTY CALIFORNIA NURSES ASSOCIATION
Bill Hamilton, Chief Stephan a Brown-Fehm,
Employer-Employee Relations Labor Representative
Ipm61
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
Contra Personnel Department
� _
Costa _..;5 Third Floor, Administration Bldg.
651 Pine Street
County '.� y Martinez, California 94553.1292
v (415)646-4064
OSTq CO NT'
Harry D. Cisterman
February 15, 1990 Director of Personnel
Stephanie Brown-Fehm
California Nurses Association
1100 - llth Street, #200
Sacramento CA 95814
RE : Charge Nurses
Dear Ms. Brown-Fehm:
This is to confirm our agreement that the Health Services Department will submit
a proposal for the new classification of Charge Nurse to the County's Personnel
Department. The proposed class will be five percent (5%) above the top step of
Registered Nurse-Advanced Level . Effective July 1 , 1990, all current employees
who are acting as a "Charge Nurse" will be reallocated into the new classifica-
tion.
If the foregoing conforms to your understanding, please indicate your approval
and acceptance in the space provided below.
Dated:
CONTRA COSTA COUNTY CALIFORNIA NURSES ASSOCIATION
Bill Hamilton, Chief Stephanie Brown-Fehm,
Employer-Employee Relations Labor Representative
inmel
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER