HomeMy WebLinkAboutMINUTES - 06021992 - X.3 (3) CALIFORNIA NURSES ASSOCIATION
TABLE OF CONTENTS
DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION 1 ASSOCIATION RECOGNITION . . . . . . . . . . . . . . . . . . . . 3
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.2 Agency Shop . . . . . . . . . . . . . . . . . . . . . . . . 3
2.3 Communicating With Employees . . . . . . . . . . . . . . . . . . . 5
2.4 Use of County Buildings . . . . . . . . . . . . . . . . . . . . . . . 6
2.5 Advance Notice 6
2.6 Written Statement for New Employees . . . . . . . . . . . . . . 6
2.7 Assignment of Classes to Bargaining Unite . . . . . . . . . . . . . 6
SECTION 3 NO DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . 7
SECTION 4 NURSE REPRESENTATIVES
4.1 Attendance at Meetings . . . . . . . . . . . . . . . . . . . . . . . 7
4.2 Association Representatives . . . . . . . . . . . . . . . . . . . . . 8
SECTION 5 SALARIES
5.1 General Wage Increases . . . . . . . . . . . . . . . . . . . . . . . 8
5.2 Longevity Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5.3 Pay Equity Study . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5.4 Shift Relief . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5.5 Deep Class Exception . . . . . . . . . . . . . . . . . . . . . . . . . 9
5.6 Entrance Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5.7 Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . . . 10
5.8 Increments Within Range . . . . . . . . . . . . . . . . . . . . . . 10
5.9 Part-Time Compensation . . . . . . . . . . . . . . . . 11
5.10 Compensation for Portion of Month . . . . . . . . . . . . . . . . 11
5.11 Position Reclassification . . . . . . . . . . . . . . 11
5.12 Salary Reallocation 6 Salary on Reallocation . . . . . . . . . . . 11
5.13 Salary on Promotion . . . . . . . . . . . . . . . . . . . 12
5.14 Salary on Involuntary Demotion . . . . . . . . . . . . . . . . . . 12
5.15 Salary on Voluntary Demotion . . . . . . . . . . . . . . . . . . . 13
5.16 Transfer . . . . . . . . . . . . . . . . . . 13
5.17 Pay for Work in Higher Classification . . . . . . . . . . . . . . . 13
5.18 Payment . . . . . . . . . . . . . . . 14
5.19 Nursing Certification Test Fee Reimbursement . . . . . . . . . 14
SECTION 6 DAYS 6 HOURS OF WORK
6.1 Work Week . . . . . . . . . . . . . . 14
6.2 Four Week Schedules/Weekend Schedules . . . . . . . . . . . . 15
6.3 Time Changes: PST/DST . . . . . . . . . . . . . . . . . . . . . . 15
6.4 Low Census . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
SECTION 7 OVERTIME 6 COMPENSATORY TIME
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7.1 - Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
7.2 Compentinlory Time . . . . . . . . . . . . . . . . . . . . . . . . . 16
7.3 Continuous Shifts . . . . . . . . . . . . . . . . . . . . . . . . . . 17
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SECTION 8 CALL BACK TIME
8.1 Call Back Pay . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8.2 Operating Room Call Back . . . . . . . . . . . . . . . . . . . . . 18
SECTION 9 ON-CALL DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . 18
SECTION 10 SHIFT DIFFERENTIALS
10.1 Shift Differentials . . . . . . . . . . . . . . . . . . . . . . . . . 18
10.2 Weekend Differential . . . . . . . . . . . . . . . . . . . . . . . . 19
SECTION II SEPARATION THROUGH LAYOFF
11.1 Grounds for Layoff . . . . . . . . . . . . . . . . . . . . . . . . . 19
11.2 Order of Layoff . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
11.3 layoff by Displacement . . . . . . . . . . . . . . . . . . . . . . 20
11.4 Particular Rules on Displacing . . . . . . . . . . . . . . . . . . 20
11.5. Seniority . . . . . . . . . . . . . . . . . . . . . . . 20
11.6 Eligibility for Layoff List . . . . . . . . . . . . . . . . . . . . . 21
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 Layoff Lists . . . . . . . . . . . . . 21
11.11 Association Notification . . . . . . . . . . . . . . . . . . . . . . 22
SECTION 12 HOLIDAYS
12.1 Holidays Observed . . . . . . . . . . . . . . . . . . . . . . 22
12.2 Application of holiday Credit . . . . . . . . . . . . . . . . . . . 23
12.3 Holiday Credit for Part-Time Employees . . . . . . . . . . . . . 23
12.4 4/10 Shift Holidays . . . . . . . . . . . . . . . . . . . . . . 23
12.5 Accrual of Holiday Time . . . . . . . . . . . . . . . . . 23
12.8 Permanent-Intermittent Holiday Pay . . . . . . . . . . . . . . . 24
SECTION 13 VACATION
13.1 Vacation Allowance . . . . . . . . . . . . . . . . . . . . . . . 24
13.2 Vacation Accrual Rates . . . . . . . . . . . . . . . . . . . . . . . 25
13.4 Professional Sabbatical Leave . . . . . . . . . . . . . . . . . . . 25
13.5 Vacation Allowance for Separated Employees . . . . . . . . . . . 25
SECTION 14 SICK LEAVE
14.1 Purpose of Sick Leave . . . . . . . . . . . . . . . . . . 26
14.2 Credits to&Charges Against Sick Leave . . . . . . . . . . . . . 26
14.3 Policies Governing the Use of Paid Sick Leave . . . . . . . . . . 26
14.4 Administration of Sick Leave . . . . . . . . . . . . . . . . . . . 28
14.5 Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
14.6 Workers'Compensation . . . . . . . . . . . . . . . . . . . . . . . 31
14.7 Labor-Management Committee . . . . . . . . . . . . . . . . . . . 32
14.8 Accrual During Leave Without Pay . . . . . . . . . . . . . . . . 32
14.9 Integration of SDI Benefits . . . . . . . . . . . . . . . . . . . . 32
SECTION 15 LEAVE OF ABSENCE
15.1 Leave Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . 33
15.2 Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
15.3 Leave of Absence Replacement . . . . . . . . . . . . . . . . . 35
15.4 Salary Review While on Leave of Absence . . . . . . . . 35
15.5 Unauthorized Absence . . . . . . . . . . . . . . . . . . . . . . . 35
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SECTION 16 JURY DUTY AND WITNESS DUTY
16.1 Jury Duty . _. . . . . . . . . . . . . . . . . . . . . . . . . . . 35
16.2 Witness Dilly . . . . . . . . . . . . . . 35
SECTION 17 IIFALTII AND WELFARE, LIFF AND DENTAL CARE.
17.2 Ilealth & Dental Subvention . . . . . . . . . . . . . . . . . . . . 36
17.3 Rate Information . . . . . . . . . . . . . . . . . . . . 37
17.4 Medicare Rates . . . . . . . . . . . . . . . . . . . . . . . . . . 37
17.5 Partial Month . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
17.6 Coverage During Absences . . . . . . . . . . . . . . . 37
17.7 Retirement Coverage . . . . . . . . . . . . . . . . . . . . . . . . 37
17.8 Dual Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . 38
SFCTION 19 PROBATIONARY PERIOD
18.1 Duration . . . . . . . . . . . . . . . . . . . 38
18.5 Rejection During Probation . . . . . . . . . . . . . . . . . . . . 38
18.6 Regular Appointment . . . . . . . . . . . . . . . . . . . . . . 39
18.7 Layoff During Probation . . . . . . . . . . . . . . 40
WS Rejection During Probation of Layoff Employee . . . . . . 40
SECTION 19 PROMOTION
19.2 Promotion Policy . . . . . . . . . . . . . . . 40
19.3 Promotion Via Reclassification Witbout Examination . . . . . . . 40
19.4 Requirements for Promotional Standing . . . . . . . . . . . . . . 41
19.5 Seniority Credits . . . . . . . . . . . . . . . . . . . . . . . . . . 41
SECTION 20 TRANSFER
20.3 Bid Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
SECTION 21 RESIGNATIONS
21.1 Resignation in Good Standing . . . . . . . . . . . . . . . . . . 43
21.2 Constructive Resignation . . . . . . . . . . . . . . . . . . . . . 43
21.3 Effective Resignation . . . . . . . . . . . . . . . . . . . . . . . 43
21.4 Revocation . . . . . . . . . . . . . . . . . . . . . . . . . 43
21.5 Coerced Resignations . . . . . . . . . . . . . . . . . . . . . . . 43
21.6 Eligibility for Reemployment . . . . . . . . . . . . . . . . . . . . 44
SECTION 22 DISMISSAL SUSPENSION REDUCTION IN PAY AND DEMOTION
22.2 Skelly Requirements . . . . . . . . . . . . . . . . . . . . 45
22.3 Leave Pending Employee Response . . . . . . . . . . . . . . . . 46
22.4 Suspensions Without Pay . . . . . . . . . . . . . . . . . . 46
22.5 Procedure on Disciplinary Actions . . . . . . 46
SFCTION 23 GRIEVANCE PROCEDURE
23.2 Scope of Adjustment Boards& Arbitration Decisions . . . . . . 47
23.5 Compensation Complaints . . . . . . . . . . . . . . . . . . . . . 48
23.7 Merit Board . . . . . . . . . . . . . . . . . . . . . . . . 49
SFCTION 24 BILINGUAL PAY . . . . . . . . . . . . . . . . . . . . . . . . . . 49
SECTION 25 RETIRF3ti1ENT CONTRIBUTION . . . . . . . . . . . . . . . 49
SFCTION 26 TRAINING REIMBURSF7NENT . . . . . . . . . . . . . . . . . . . 49
SECTION 27 EDUCATION LEAVE . . . . . . . . . . . . . . . . . . . . . . . . 50
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SECTION 28 CLASSIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . 50
SECTION 29 SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
SECTION 30 MILEAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
SECTION 31 PAY WARRANT ERRORS . . . . . . . . . . . . . . . . . . . . . . 51
SECTION 32 DETENTION FACILITY DIFFERENTIAL . . . . . . . . . . . . . 52
SECTION 33 CRITICAL CARE UNIT . . . . . . . . . . . . . . . . . . . . . . . 52
SECTION 34 JOINT ASSOCIATION/MANAGEMENT MEETING . . . . . . . . . 52
SECTION 35 PROFESSIONAL PERFORMANCE COMMITTEES . . . . . . . . . 52
SECTION 36 NOTICE OF HIRES i SEPARATIONS . . . . . . . . . . . . . . . 53
SECTION 37 PROVISIONAL APPOINTIKIT . . . . . . . . . . . . . . . . . . . 53
SECTION 38 PERSONNEL FILES . . . . . . . . . . . . . . . . . . . . . . . . . 54
SECTION 39 REIMBURSEMENT FOR MEAL EXPENSES . . . . . . . . . . . . . 54
SECTION 40 COMPENSATION FOR LOSS/DAMAGE TO PERSONAL PROPERTY 55
SECTION 41 SERVICE AWARDS . . . . . . . . . . . . . . . . . . . . . . . . . 55
SECTION 42 UNFAIR LABOR PRACTICE . . . . . . . . . . . . . . . . . . . . 56
SECTION 43 LENGTH OF SERVICE DEFINITION . . . . . . . . . . . . . . . . 56
SECTION 44 PERMANENT PART-TIKE EMPLOYEE BENEFITS . . . . . . . . . 56
SECTION 45 PERMANENT-INTERMITTENT EMPLOYEE BENEFITS . . . . . 56
SECTION 46 PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN . . . . 56
SECTION 47 PROVISIONAL EMPLOYEE BENEFITS . . . . . . . . . . . . . . . 57
SECTION 48 LUNCH PERIOD/REST BREAK . . . . . . . . . . . . . . . . . . . 57
SECTION 49 CASE MANAGEMENT TIME . . . . . . . . . . . . . . . . . . . . . 57
SECTION 50 HEALTH EXAMINATION . . . . . . . . . . . . . . . . . . . . . . 57
SECTION 51 FLOATING COMMITTEE . . . . . . . . . . . . . . . . . . . . . 58
SECTION 52 LEAVE DENIALS . . . . . . . . . . . . . . . . . . . . . . . . . . 58
SECTION 53 STAT-CALL . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
SECTION 54 SPECIAL STUDIES . . . . . . . . . . . . . . . . . . . . . . . . . 58
SECTION 55 ADOPTION . . . . . . . . . . . . . . . . ... . . . . . . . . . . . 59
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SECTION 56 SCOPE OF AGREEMENT i SEPARABILITY OF PROVISIONS
56.1 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . 59
56.2 Separability of Provisions . . . . . . . . . . . . . . . . . . 59
56.3 Personnel Management Regulations . . . . . . . . . . . . . . . . 59
56.4 Duration of Agreement . . . . . . . . . . . . . . . . . . . . . . . f,0
ATTACHMENT A: FNP Recognition of Excellence
ATTACHMENT B: Increase in Hours-Permanent-Intermittent/Permanent Part-Time
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
CALIFORNIA NURSES ASSOCIATION
This Memorandum of Understanding is entered into pursuant to the authority contained
in Board of Supervisors Resolution 81/1165 and has been jointly prepared by the parties.
fllu Ltrtpluyee ltelations 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 representation 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, 1992 and ending
December 31, 1993.
DEFINITIONS:
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Association: California Nurses Association.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and
that the surae descriptive title may be used to designate each position allocated to the
group.
Class'I'itle: The designation given to a class, to each position allocated to the class,
and to the employees allocated to the class.
count : Contra Costa County.
Demotion: The change of a permanent employee to anottier position in a class allocated
Io a salary range for which the lop step is lower than the top step of the class which
the employ—formerly occupied except as provided for under"'Transfer"or as otherwise
provided for is this Memorandum of Understanding, in the Personnel Management
Regulations, or in specific resolutions governing duel)classifications.
Dimet_ur of Porsoaael: The person designated by the County Administrator to serve
as Il Assisiasit County Administrator-Director of Personnel.
Eligible: Any person whose name is on an employment or reemployment or layoff list
for a given classification.
Employee: A person who is an incumbent of a position or who is on leave of absence
In accordance with provisions of this Memorandum of Understanding and whose position
Is held pending his/her return.
Employment List: A list of persons, who have been found qualified for employment
in a specific class.
Layoff List: A list of persons who have occupied positions allocated to a class in the
Merit System and who have been involuntarily separated by layoff or displacement
or have voluntarily demoted in lieu of layoff.
Permanent-Intermittent Position: Any position which requires the services of an
Incumbent for an indefinite period but on an intermittent basis,as needed, paid on
an hourly basis.
Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period but on a regularly scheduled less than full time
basis.
Permanent Position: Any position which has required,or which will require the services
of an incumbent without interruption, for an indefinite period.
Promotion: The change of a permanent employee to another position in a class allocated
to a salary range for which the top step is higher than the top step of the class which
the employee formerly occupied,except as provided for under"Transfer"or as otherwise
provided for in this Memorandum of Understanding, in the Personnel Management
Regulations, or In specific resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for the regular full time,
pert-time or intermittent employment of a person.
Reallocation: The act of reassigning an Individual position from one class to another
class at the same range of the salary schedule or to a class which is allocated to another
range that is within five percent (59)of the top step,except as otherwise provided
for in the Personnel Management Regulations,deep class resolutions or other ordinances.
Reclassification: The act of changing the allocation or a position by raising it to a
higher class or reducing it to a lower class on the basis of significant changes in the
kind, difficulty or responsibility of duties performed in such position.
Reemployment List: A list of persons,who have occupied positions allocated to any
class In the merit system and, who have voluntarily separated and are qualified for
consideration for reappointment under the Personnel Management Regulations governing
reemployment.
Resi&nation: The voluntary termination bf permanent employment with Itic County.
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I on rlr F]aployment: 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.
Transfer: 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 percent(5%)at top
step as the class previously occupied by the employee.
SECTION 1 -ASSOCIATION RECOGNITION
California Nurses Association is the formally recognized employee organization for
the Registered Nurses Unit and such organization has been certified as such pursuant
to Chapter 34-12 of Resolution 61/1165.
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
applicable constitutional, statutory, and case law, which under
no circumstances 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:
Lt. Execute a written declaration that the employee is a member
of a bona fide religion, body or sect which has historically
held a conscientious objection to joining or financially
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supporting any public employee organization as a condition
of employment, and
b. pay a sum equal to the agency shop fee described in Section
2.2.B.2 to a non-religious,non-labor,charitable fund chosen
by the employee from the following charities: Family and
Children's Trust Fund,Child Abuse Prevention Council and
Battered Women's Alternative.
C. The Association shall provide the County with a copy of the Association's
Hudson Procedure for the determination and protest of its agency shop
fees. The Association shall provide a copy of said Hudson Procedure to
every fee payer covered by this MOU within one month from the date it
is approved and annually thereafter,and as a condition to any change
in the agency shop fee.Failure by an employee to invoke the Association's
Hudson Procedure within one month after actual notice of the Hudson
Procedure shall be a waiver by the employee of their right to contest the
amount of the agency shop fee.
D. The provisions of Section 2.2.B.2 shall not apply during periods that
an employee is separated from the representation unit but shall be
reinstated upon the return of the employee to the representation unit.
The term separation Includes transfer out.of the unit,layoff,and leave
of absence with a duration of more than thirty (30) days.
E. Annually, the Association shall provide the Director of Personnel with
copies of the financial report which the Association annually files with
the California Public Employee Relations Board. Such report shall be
available to employees in the unit. Failure to file such a report within
sixty(60)days after the end of its fiscal year shall result In the termination
of all agency shop fee deductions without jeopardy to any employee,until
said report is filed, and upon mutual agreement, this time limit may be
extended to 120 days.
F. Current Employees and New Employees.
1. An employee employed In or hired into a job class represented by
the California Nurses Association shall be provided with an Employee
Authorization for Payroll Deduction form by the Personnel
Department.
2. If the form authorizing payroll deduction is not returned within
thirty (30) calendar days after notice of this agency shop fee
provision and the Association dues, agency shop fee, initiation
fee or charitable contribution required under Section 2.2.B.3 are
not received,the Association my,in writing,direct that the County
withhold the agency shop fee and the initiation fee from the
employee's salary, in which case the employee's monthly salary
shall be reduced by an amount equal to the agency shop fee and
the County shall pay an equal amount to the Association.
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C. 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.
If. The authorization of payroll deductions described in Subsection F shall
require the employee to agree to hold the County harmless from all c4ilms,
demands,suite 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 Department 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 notification 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 one 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 understoud that in each such
instance advance arrangements,including disclosure of which of the above purposes
is the reason for the visit,will be made with the departmental representative in charge
of the work area, and the visit will not interfere with County services.
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2.4 Use of County Buildings. The Association shalt be allowed the use of areas
normally used for meeting purposes for meetings of County employees during non-
work hours when:
a. Such spare is available and its use by the Association is scheduled twenty-four
(24) hours in advance;
b. there is no additional cost to the County;
C. it does not interfere with normal County operations;
d. employees in attendance are not on duty and are not scheduled for duty;
e. the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Association shall maintain proper order at the meeting,
and see that the space is left in a clean and orderly condition.
The use of County equipment(other than items normally used in the conduct of business
meetings,such as desks,chairs,ashtrays,and blackboards)is strictly prohibited,
even though it may be present in the meeting area.
2.5 Advance Notice. The Association shall, except in cases of emergency, have
the right to reasonable notice of any ordinance,rule,reaolution or regulation directly
relating to matters within the scope of representation proposed to be adopted by the
Board,or boards and commissions designated by the Board,and to meet with the body
considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal at
least seventy-two(72)hours before the item will be heard,or the delivery of a copy
of the proposal at least twenty-four (24) hours before the item will be heard, shall
constitute notice.
In cases of emergency when the Board,or boards and commissions designated by the
Board determines it must act immediately without such notice or meeting,it shall give
notice and opportunity to meet as soon as practical after Its action.
2.6 Written Statement for New Employees. The County will provide a written statement
to each new employee hired into a classification in any of the bargaining units represented
by the Association,that the employee's classification is represented by the Association,
and the name of a representative of the Association. The County will provide the
employee with a packet of information which has been supplied by the Association and
approved by the County.
2.7 Assignment of Classes to Bargaining Units. The County shall assign now classes
in accordance with the following procedure:
a. Initial Determination. When a new class title Is established,the Employee Relations
Manager shall review the composition of existing representation units to determine
the appropriateness of including some or all of the employees in the new class
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in one or more existing representation units, and within a reasonable period
of time shall notify all recognized employee organizations of his determination.
b. Final Delermination. His determination is final unless within ten(10)days after
notification a recognized employee organization requests in writing to meet and
confer thereon.
C. Meet and Confer and Other Steps. He shall meet and confer with such requesting
organizations (and with other recognized employee organizations whore
appropriate)to seek agreement on this matter within sixty(60)days after the
ten(10)day period in b. (above),unless otherwise mutually agreed. Thereafter,
the procedures In cases of agreement and disagreement, arbitration referral
and expenses,and criteria for determination shall conform to those in Subsections
1)through I of Section 34-12.008 of Board of Supervisors Resolution 81/1165.
SECTION 3-NO DISCRIMINATION
Thera 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 discrimination because of age.
There shall be no discrimination against any handicapped person solely because of
such handicap unless that handicap prevents the person from meeting the minimum
standards established for the position. There shall be no discrimination because of
Association membership or legitimate Association activity against any employee or
applicant for employment by the County or anyone employed by the County.
SECTION 4-NURSE REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as nurse representatives of
the Association shall be allowed to attend meetings held by County agencies during
regular working hours on County time as follows:
a. If their attendance Is required by the County at a specific meeting;
b. if their attendance is sought by a hearing body or presentation of testimony
or other reasons;
C. if their attendance is required for meetings scheduled at reasonable times
agreeable to all parties required for settlement of grievances filed pursuant
to Section 23-Grievance Procedure of this Memorandum;
d. if they are designated as a nurse representative in which case they may utilize
a reasonable time at each level of the proceedings to assist an employee to present
a grievance,provided the meetings are scheduled at reasonable times agreeable
to all parties;
e. il' they are designated as spokesperson or representative of the Association
and as such make representations or presentations at meetings or hearings on
wakes, salaries and working conditions; provided in each case advance
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arrangements for time away from the employee's workstation or assignment are
made with the appropriate Department Head, and the County agency calling
the meeting is responsible for determining that the attendance of the particular
employee(s) is required.
4.2 Association Representatives. Official representatives of the California Nurses
Association shall be allowed time off on County time for meetings during regular working
hours when formally meeting and conferring In good faith or consulting with the Employee
Relations Manager or other management representatives on matters within the scope
of representation,provided that the number of such representatives shall not exceed
two(2)without prior approval of the Employee Relations Manager,and that advance
arrangements for the time away from the work station or assignment are made with
the appropriate Department Head.
SECTION 5-SALARIES
5.1 General Wage Increases. The salary range for each represented classification
shall be as Hated below with general wage increases as follows:5.0195%effective January
1, 1992; 3.0439%effective July 1, 1992; 3.9750%effective January 1, 1993.
A. Registered Nurse Compensation.
Monthly Rate
Step on Effect Effect Effect
Level Salary Range 1 1 92 7/l/9 1 1 93
Entry 6 3443 3548 3689
Experienced 10 3801 3917 4072
11 3896 4015 4175
12 3993 4115 4278
13 4093 4218 4385
14 4195 4323 4495
Advanced 17 4518 4656 4841
18 4631 4772 4962
R. Family Nurse Practitioner
Clinical Nurse Specialist-Obstetrics/Gynecology
Clinical Nurse Specialist-Oncology
Clinical Nurse Specialist- Psychiatric
Clinical Nurse Specialist - Psychiatric-Project
Monthiv Rate
Effect Effect Effect
Step on Salary Range 1/1/92 7/l/9 1/1/93
1 4364 4497 4676
2 4582 4722 4909
3 4811 4958 5155
4 5052 5206 5413
5 5305 5466 5683
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C. Charge Nurse.
Monthly (tate
Effect Effect Effect
Step on Salary Mange 111/92 7 1 92 1 1 93
1 4411 4545 4726
2 4631 4772 4962
3 4863 5011 5210
5.2 Longevity Puy. 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
(2%)per month of base pay. Effective January 1,1992 employees who have completed
fifteen(15)or more years of employment shall receive additional longevity pay in the
amount of two percent (2!) per month of base pay for a total of 4%.
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 agrees to commence meet and confer deliberations with each bargaining
unit participating in the pay equity study not later than 30 days after the last appeal
has been resolved.
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 (25%)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$5000 of the County's attorney fees and costs;provided that the
union is not named as a co-defendant in such litigation.
5.4 Shift Relief. An Experienced Level Registered Nurse who at the County's request
relieves an Advanced Level Registered Nurse or Charge Nurse for a shift shall receive
an additional seven dollars (;7.00) per shift.
5.5 Uri'►,glass Exception. The following provisions of this section shall apply to
all employees except as modified by deep class resolution.
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5.6 Entrance Salary. New employees shall generally be appointed at the minimum
step of the salary range established for the particular class of position to which the
appointment is made. however,the appointing authority may fill a particular position
at a step above the minimum of the range.
5.7 Anniversary Dates. Except as may otherwise be provided for in deep class
resolutions, anniversary dates will be set as follows:
a. New Employees. The anniversary date of a new employee is the first day of
the calendar month after the calendar month when the employee successfully
completes six(6)months service provided however,Iran employee began work
on the first regularly scheduled workday of the month the anniversary date
Is the first day of the calendar month when the employee successfully completes
six months service.
b. Promotions. The anniversary date of a promoted employee is determined as
For a new employee In Subsection 5.7.a above.
C. Transfer,Reallocation and Reclassification. The anniversary date of an employee
who is transferred to another position or one whose position has been reallocated
or reclassified to a class allocated to the same salary range or to a salary range
which Is within five percent(5$)of the top step of the previous classification,
remains unchanged.
d. Realm to nts. The anniversary of an employee appointed from a reemployment
list to the first step of the applicable salary range and not required to serve
a probation period is determined in the same way as the anniversary date is
determined for a new employee who is appointed the same date, classification
and step and who then successfully completes the required probationary period.
e. Notwithstanding other provisions of this Section 5,the anniversary of an employee
who is appointed to a classified position from outside the County's merit system
at a rate above the minimum salary for the employee's new class, or who is
transferred from another governmental entity to this County's merit system,
is one(1)year from the first day of the calendar month after the calendar month
when the employee was appointed or transferred;provided however,when the
appointment or transfer is effective on the employee's first regularly scheduled
work day of that month, his/her anniversary Is one (1) year after the first
calendar day of that month.
5.8 Increments Within Range. The performance of each employee, except those
of employees already at the maximum salary step of the appropriate salary range,shall
be reviewed on the anniversary date as set forth In Section 5.7 to determine whether
the salary of the employee shall be advanced to the next higher step in the salary range.
Advancement shall be granted on the 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 act at the time the
original report is returned. This decision may be appealed through the Grievance
Procedure.
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Except as hervin provided,increments within range shell not be g anted more frequently
tlian once a year,nor shall more than one(1)step within-range increment be granted
at one time,except as otherwise provided in deep class resolutions. In case an appointing
authority recommends denial of the within range increment on some particular anniversary
date,but recommends a special salary review at some date before the next anniversary
the special salary review shall not affect the regular salary review on the next
anniversary date.Nothing herein shall be construed to make the granting of increments
mandatory on the County. If an operating department verifies in writing that an
administrative 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 eligible,
said advancement shall be made retroactive to the first of the month when eligible.
5.9 fart-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 sit incumbent of a position which
is reclassified to a class which is allocated to the same range of the basic salary schedule
as is the class of the position before it was reclassified,shall be paid at the same step
of the range as the employee received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a lower
range of the basic salary schedule shall continue to receive the same salary as before
the reclassification, but if such salary is greater than,the maximum of the range of
the class to which the position has been reclassified, the salary of the Incumbent shall
be reduced to the maximum salary for the new classification.The salary of an incumbent
of a position which is reclassified to a class which is allocated to a range of the basic
salary schedule greater than the range of the class of the position before it was
reclassified shall be governed by the provisions of Section 5.13-Salary on Promotion.
5.12 Salary Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which
is reallocated to a salary range above or below that to which it was
previously allocated, when the number of steps remain the same, shall
be compensated at the same step in the new salary range the employee
was receiving in the range to which the class was previously allocated.
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If the reallocation is from one salary range with more steps to a range
with fewer steps or vice versa,the employee shall be compensated at the
step on the new range which is In the same percentage ratio to the top
step of the new range as was the salary received before reallocation to
the top step of the old range, but In no case shall any employee be
compensated at less than the first step of the range to which the class
is allocated.
B. In the event that a classification Is reallocated from a salary range with
more steps to a salary range with fewer steps on the salary schedule,
apart from the general salary Increase or decrease described in Section
5.12.A above,each incumbent of a position in the reallocated class shall
be placed upon the step of the new range which equals the rate of pay
received before the reallocation. In the event that the steps in the new
range do not contain the same rates as the old range, each incumbent
shall be placed at the step of the new range which Is next above the salary
rate received in the old range, or if the new range does not contain a
higher step,at the step which is next lower than the salary received in
the old range.
C. In the event an employee is in a position which is reallocated to a different
class which is allocated to a salary range the same as,or above or below
the salary range of the employee's previous class, the incumbent shall
be placed at the step in the new class which equals the rate of pay received
before reallocation. In the event that the steps In the range for the new
class do not contain the same rates as the range for the old class, the
Incumbent shall be placed at the step of the new range which is next above
the salary rate received in the old range;or if the new range does not
contain a higher step, the incumbent shall be placed at the step which
is next lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the deep
class resolution and incumbent salary allocations,if any,shall supersede
Section 5.12.
5.13 Salary on Promotion. Any employee who is appointed to a position of a class
allocated to a higher salary range than the class previously occupied,except as provided
under Section 5.16, shall receive the salary in the new salary range which is next
higher than the rete received before promotion.in the event this Increase Is less than
five percent(5%),t he employee's salary shall be adjusted to the step in the new range
which Is at least five percent(58)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 percent (5b), in which case the salary shall be adjusted to the step in
the new range which is five percent (5%) 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, shnll 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
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the salary received before demotion.In the event this decrease is less than five percent
(5%), the employee's salary shall be adjusted to the step in the new range which is
five percent (58) 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 lite class from which
he/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 deep class,the provisions
of the deep class resolution on salary of transfers,if any, shall apply in lieu of the
above provisions.
5.17 }'�for Work in Hiqu, 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 01th) work day of the assignment, (after eighty (80)
hours for employees on schedules other than eight (8) hours) under the following
conditions
a. The employee is assigned to a program,service,or activity established by the
Board of Supervisors which is reflected in an authorized position which has
been classified and assigned to the Salary Schedule.
b. The nature of the departmental assignment is such that the employee in lite lower
classification becomes fully responsible for the duties of the position of the higher
classification.
c. Employee selected for the assignment will normally be expected to meet the minimum
qualifications for the higher classification.
d. pay for work in a higher classification shall not be utilized as a substitute for
regular promotional procedures provided in this Memorandum.
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e. The appropriate authorization form has been submitted by the Department Head
and approved by the County Administrator.
f. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
g. If approval is granted for pay for work in a higher classification and the
assignment is terminated and later reapproved for the same employee within
thirty (30) days, no additional waiting period will be required.
It. Any incentives(e.g.,the education incentive)and special differentials(e.g.,
bilingual differential and hazardous duty differential)accruing to the employee
In his/her permanent position shall continue.
i. During the period of work for higher pay in a higher classification,an employee
will retain his/her permanent classification,and anniversary and salary review
dates will be determined by time in that classification.
j. Allowable overtime pay, shift differential and/or work location differentials
will be paid on the basis of the rate of pay for the higher class.
5.18 Payment. On the tenth(10th)day of each month,the Auditor will draw a warrant
upon the Treasurer in favor of each employee for the amount of salary due the employee
for the preceding month;provided,however,that each employee(except those paid
on an hourly rate)may choose to receive an advance on the employee's monthly salary,
In which case the Auditor shall,on the twenty-fifth(25th)day of each month, draw_
his/her warrant upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third(1/3)or less,at the employee's
option,of the employee's basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less all requested or required
deductions. The election to receive an advance shall be made on or before April 30
or October 31 of each year or during the first month of employment by filing on forms
prepared by the Auditor-Controller a.notice of election to receive a salary advance.
Each election shall become effective on the first day of the month following the deadline
for filing the notice and shall remain effective until revoked. In the case of an election
made pursuant to this section 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 week 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
midnighl Saturday,usually live(5)eight(8)hour days.Where operational requirements
- 14 -
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 subject to the approval of the appropriate
Nursing Program Manager.
Registered Nurses and Family Nurse Practitioners with 20 years of service with the
County shall, upon request, be granted every weekend off.
6.3 Time Changes:Pacific Standard Time/Daylight Savings Time. For those nurses
who work on the shift when 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.
6.4 Low Census. In the event that there is a decrease in the hospital census requiring
adjusting levels of nurse staffing and/or there are insufficient nurses who volunteer
to use accruals or take time off without pay in order to reduce staffing to the necessary
level, the County and Association agree to meet and confer upon request regarding
formal low census provisions.
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 performed beyond
that work schedule or forty (40)hours per week. All overtime shall be compensated
for at tine rate of one and one-half(1-1/2)limes the employee's base rete of pay(not
including shift and other special differentials).Permanent part-time registered nurses
shall be compensated at the straight time rate for those hours worked over and above
the regular work schedule but less than eight(8)hours a day or forty hours per week.
Overtime for permanent employees is earned and credited in a maximum of one-tenth
hour(6 minute) increments and is compensated by either pay or compensatory time
off.
Employees who work a double shift shall receive forty-eight dollars(=48.00) 1/1/92;
fifty dollars ($50.00)7/1/92;and fifty-two dollars(=52.00) 1/1/93 in addition to all
other compens+ttion for each double shift worked. Registered Nurses who work from
the beginning of their regularly scheduled shift to the conclusion of the next scheduled
shift will be considered to have worked a double shift. If the second shift is not
- 15 -
completed, the premium will be prorated. If the total hours worked,excluding lunch
breaks, exceed sixteen hours, additional prorated premium will be paid.
Employees entitled to overtime credit for holidays In positions wblch work around the
clock(such as the County Hospital,the Sheriffs Office,Jails,Juvenile Hall and Boys'
Ranch) shall be provided a choice as to whether they shall be paid at the overtime
rate or shall receive compensatory time off at the rate of one and one half(1-1 J 2)hours
compensatory time off for each hour worked. Such compensatory time off, and the
accumulation thereof shall be in addition to the total vacation accumulation permitted
under the terms of this Memorandum of Understanding. The specific provisions of
this accumulation are set forth In Section 12.5 of this Memorandum of Understanding.
Regular overtime for twenty-four(24) hour institutional employees may be accrued
as compensatory time in accordance with Section 7.2 of this Memorandum of
Understanding.
7.2 Compensatory Time. The following provisions shall apply:
a. Employees may periodically elect to accrue compensatory time off in lieu of overtime
pay. Eligible employees must notify their Department Head or designee of their
intention to accrue compensatory time off or to receive overtime pay at least
thirty (30) days in advance of the change.
b. The names of those employees electing to accrue compensatory time off shall
be placed on a list maintained by the Department.Employees who become eligible
(i.e., newly hired employees, employees promoting, demoting, etc.) for
compensatory time off in accordance with these guidelines,must elect to accrue
compensatory time or they will be paid for authorized overtime hours worked.
c. Compensatory time off shall be accrued at the rate of one and one-half(1-112)
times the actual authorized overtime hours worked by the employee.
d. Employees may not accrue a compensatory time off balance that exceeds one
hundred twenty (120) hours (i.e., eighty (80) hours at time and one-half).
Once the maximum balance has been attained,authorized overtime hours will
be paid at the overtime rate. If the employee's balance falls below one hundred
twenty(120)hours,the employee shall again accrue compensatory time off for
authorized overtime hours worked until the employee's balance again reaches
one hundred twenty (120) hours.
e. Accrued compensatory time off shall be carried over for use In the next fiscal
year;however,as provided in d.above,accrued compensatory time off balances
may not exceed one hundred twenty (120) hours.
f. Employees may not use more than one hundred twenty(120)hours of compensatory
time off In any fiscal year period(July 1-June 30).However,Registered Nurses
regularly assigned to surgery shall not be subject to a limit on the usage of
compensatory time during the fiscal year.The use of compensatory time by said
Registered Nurses shall require the approval of the supervisor and shall be
subject to the needs of the department.
- 16-
g. The use of accrued compensatory time off shall be by mutual agreement between
the Department Head or designee and the employee.Compensatory time off shall
not be taken when the employee should be replaced by another employee who
would be eligible to receive, for time worked, either overtime payment or
compensatory time accruals as provided for in this Section.This provision may
be waived at the discretion of the Department Head or designee.
h. When an employee promotes,demotea or transfers from one classification eligible
for compensatory time off to another classification eligible for compensatory
time off within the same department,the employee's accrued compensatory time
off balance will be carried forward with the employee.
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
0-1/2)hours for each hour of authorized overtime worked,accrued compensatory
time balances will be paid off at the straight time rate(two-thirds(2/3)of the
overtime rate) for the employee's current salary whenever:
I. 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 procedures
to administer this Section.
7.3 Conbiwous 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 addition to the employee's
base salary rate for the second eight(8)hours. Additionally,such employees shall
be provided a meal in the hospital cafeteria at no cost to the employee.
SECTION 8-CALL BACK TIME
8.1 Call Hack PEY. Any employee who is called back to duty shalt be paid at the
appropriate rate for the actual time worked plus one(1)hour. Such employee called
back shail be paid u minimum of two(2)hours at the appropriate rate of each call back.
This provision shall apply to employees who are not in on-call status.
-
17 -
8.2 Operating Room Call Back. A Registered Nurse who is in on-call status for /
the Operating Room and is called back to duty shall be paid for the actual time so spent
plus one hour, but not less than three (3) hours total for each call back. /
SECTION 9-ON-CALL DUTY /
On-call duty is any time other than time when the employee is actually on duty during
which an employee Is not required to be on County premises but stand ready.i to
Immediately report for duty and must arrange so that the employee's superior can contact
the employee on ten(10)minutes notice or less. An employee assigned to on-call time
shall be paid one(1)hour of straight time pay for each four(4)hours on such on=call
time.
However, Registered Nurses who are assigned to on-call for the Operating Room or
Post Anesthesia Recovery shall be paid one(1)hour of straight time pay for each two
(2) hours on such on-call time.
SECTION 10-SHIFT DIFFERENTIAL i
i
10.1 Shift Differentials. /
A. Evening Shift. An employee who works an evening shift in/which the
employee works four(4)or morehours between 5:00 p.m.and 11:00 p.m.
shall receive a shift differential of twelve percent(129)of the employee's
base pay.
Split shifts with more than 1-1/2 hours between the two portions of the
shift shall also qualify for the twelve percent(129)hourly differential.
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B. Night Shift. An employee who works a night shift in which the employee
works four (4)or more hours between 11:00 p.m. and;8:00 a.m. shall
receive a shift differential of fifteen percent(159)of the'employee's base
Pay. /
C. Special Provisions.
1. An employee who works overtime shall receiv,�shift differential
In addition to overtime compensation only when the overtime hours
Independently satisfy the requirement for shift.'dlfferentlal as stated
above.The shift differential shall be computed on the employee's
base salary. %
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2. Employees who have been regularly workinga shift qualifying for
shift differential Immediately preceding the commencement of a
vacation,paid sink leave period,paid disability or other paid leave,
will have shift differential included In computing the pay for their
leave. The paid leave of an employee who is on a rotating shift
schedule shall include the shift differential that would have hemi
received had the employee worked the shift for which t he employee
was scheduled during such period. Shift differential shall only
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be paid during paid sick leave and paid disability as provided above
for the first thirty (30) calendar days of each absence.
3. 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). Effective July 1, 1992 a Registered Nurse released
from duty at the request of Nursing Administration prior to the
completion of twelve(12)hours work will receive the appropriate
shift differential on those hours worked In excess of eight(8)hours.
4. 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.
10.2 Weekend Differential. Effective January 1,1992 Registered Nurses shall receive
a weekend shift bonus of an increased$30.00 per shift for each weekend shift worked
which 1)fails 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 compensation.
10.3 Each full time, part-time and permanent-intermittent Registered Nurse who
is in a position assigned to one of the following units/services, will receive a salary
differential of$60 per month: Surgery, Recovery, Labor and Delivery, Nursery,
Postpartum, Intensive Care Unit,Emergency Room,Medical Unit,Surgical Unit,Fenny
Care,Mental Health Crisis Unit,Geriatric Med-Psych,I-Psychlatry,J-Psychiatry,
Martinez Detention, West County Detention, and Juvenile Hall.
Registered Nurses assigned to the following units/services and Family Nurse Practitioners
are not eligible for this differential:Education and Training,Specialty Clinic;Family
Practice Clinic;Concord,Brentwood,Pittsburg and Richmond Health Centers; East
County,West County and Central County Geriatric Clinics,Adult Mental Health Dual
Diagnosis Program,George Miller-West,Public Health Clinic staffing pool,Public Health
Nursing pool and Home Health Agency.
SECTION 11 -SEPARATION THROUGH LAYOFF
I I.1 Grounds for layoff. Any employees)having permanenIs tatui;in position(s)
in life merit service may be laid off when the position is no longer necessary,or for
reusons 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 0r,ier of loff
.a . The order of layoff in a department shall be based on inverse
su�iority iu tt he class of positions,the employee in that department with least seniority
being luid off first and so on.
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11.3 Layoff By Displacement. I
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.
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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 senloremployee beingdisplaced first,and so on with
senior displaced employees displacing junior employees.
11.4 Particular Rules on Displacing. /
A. Permanent-intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type respectively.
B. A permanent full time employee may displace any intermittent or part-time
employee with less seniority 1)in the same class as provided in Section
11.3.A., or 2) in a class of the same or lower salary level as provided
in Section 11.2.B.if no full time employee in a class at the same or lower
salary level has less seniority than the displacing employees.
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C. Former permanent full time employees who have voluntarily become
permanent part-time employees for the purpose of reducing the impact
of a proposed layoff with the written approval of the Director of Personnel
or designee retain their permanent full time employee seniority rights
for layoff purposes only and may in a later layoff displace a full time
employee with less seniority as provided in these rules.
11.5 Seniority. An employee's seniority within a class for layoff and displacement
purposes shall be determined by adding the employee's length of service in the particular
class in question to the employee's length of service in other classes at the same or
higher salary levels as determined by the salary schedule In effect at the time of layoff.
Employees reallocated or transferred without examination from one class to another
class having salary within five percent(5%)of the former class as provided in Section
305.2 of the Personnel Management Regulations,shall carry the seniority accrued in
the former class into the new class. Employees reallocated to a new deep class upon
its initiation or otherwise reallocated to a deep class because the duties of the position
occupied are appropriately described in the deep class shall carry Into the deep class
the seniority accrued or carried forward in the former class and seniority accrued
in other classes which have been included In the deep class. Service for layoff and
displacement purposes includes only the employee's last continuous permanent County
employment. Periods of separation may not be bridged to extend such service unless
the separation is a result of layoff in which case bridging will be authorized If the
employee is reemployed in a permanent position within the employee's layoff eligibility.
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Approved leaves of absence as provided for In these rules and regulations shall not
constitute a period of separation. In the event of ties in seniority rights in the,luirticular
class in question, such ties shall be broken by length of last continuous permanent
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County employment. If there remain ties in seniority rights,such ties stall be broken
by counting total time in the department in permanent employment. Any remaining
ties shall be broken by random selection among the employees involved.
11.6 haigibility for Lavoff List. Whenever any person who has permanent status is
laid off, has been displaced, has been demoted by displacement or has voluntarily
demoted in lieu of layoff or displacement, the person's name shall be placed on the
layoff list for the class of positions from which that person has been removed.
11.7 Order of Names on Layoff. First,layoff Hats shall contain the names of-persons
laid off or displaced or when demoted as a result of a layoff or displacement, or who
have voluntarily demoted in lieu of layoff or displacement, names shall be listed in
order of layoff seniority in the class from which Laid off,displaced or demoted on the
date of layoff, the most senior person listed first. In case of ties in seniority, the
seniority rules shall apply except that where there is a class seniority tie between
persons laid off from different departments, 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 names)
of persons laid off,displaced or demoted by displacement or voluntarily demoted in
lieu of layoff.When a request for personnel is received from the appointing authority
of a department, if a layoff Het 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 Hat for any reason listed below:
a. Forany muse stipulated in Soction 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 appointment in the class.
d. If three offers of permanent appointment to the class for which the eligible list
was established have been declined by the eligible.
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e. If five(5)certifications for permanent appointment from an open employment
list, including certification to two (2) different departments if the class has
permanent positions in more than one(1)department have failed to result in
selection and appointment.
f. If the eligible falls to respond to the Director of Personnel or the appointing
authority within five(5) days to written notice of certification mailed to the
person's last known address. Notice shall be sent to the person affected.
11.11 Association Notification. When it appears to the Department Head and/or Employee
Relations Manager that the Board of Supervisors may take action which will result
in the layoff of employees In a representation unit represented by the California Nurses
Association,the Employee Relations Manager shall notify the Association of the possibility
of such layoffs and shalt meet and confer with it regarding the implementation of the
action.
The County agrees to give employees ten(10)work days (eight (8) work days for
employees on the 4/10 workweek) notice of layoff.
SECTION 12-HOLIDAYS
12.1 Holidays Observed. The County will observe the following holidays:
A. January 1st, known as New Years Day .
Third Monday in January known as Dr. Martin Luther King, Jr. Day
Third Monday in February, known as Presidents Day
The last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veteran's Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day /
December 25th, known as Christmas Day /
Such other days as the Board of Supervisors may by resolution designate
as holidays. (/
B. Employees in positions which are designated as 24-hour positions shall
also celebrate:
September 9th known as Admission Day
Second Monday in October known as Columbus Day
February 12th known as Lincoln's Day
Family Nurse Practitioner positions are designated as2 4-hour positions.
C. Employees who only celebrate the holidays listed in 12.1.A.above shall
accrue two(2)hours of personal holiday credit per month. Such personal
holiday time may he tnken in increments of one(1)hour,and preference
of personal holidays shall be given to employees according to their seniority
in their department as reasonably as possible. No/employee may accrue
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more titan forty(40)hours of personal holiday credit.On separation from
County service,an employee shall be paid for any unused personal holiday
credits at the employee's then current pay rate.
12.2 Application of Holiday Credit. 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
ttie holiday, or if a holiday falls on the day off of an employee, the employee
shall be given straight time pay or equivalent compensatory time credit.
The purpose of this plan is to equalize holidays between employees on regular work
schedules and those on other work schedules.
If any holiday listed in Section 12.1.A.above falls on a Saturday,it shall be celebrated
on the preceding Friday. If any holiday listed In Section 12.1.A. falls on a Sunday,
it shall be celebrated on the following Monday.For employees in positions whose shifts
include Saturday or Sunday as designated by the appointing authority(rather than
Monday through Friday eight(8)hours per day or a designated 4/10)holidays shall
be observed on the day on which the holiday falls regardless if it is a Saturday or
Sunday.
12.3 Holiday Credit Cor Part-TimeEmployees. Permanent part-time and permanent-
oil employees who work on a holiday shall receive overtime pay or compensatory
time credit for all hours worked, up to a maximum of eight (8).
Permuneut part-time employees who do not work on a holiday shall receive holiday
credit is 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
u holiday shalt 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 stall be two(2) hours.
12.5 Accrual of ilolida Time. Employees entitled to overtime credit in positions which
work atioind the clock shall be permitted to elect between pay at the overtime rate
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or compensatory time off in recognition of holidays worked.The following procedures
shall apply to this selection:
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a. Eligible employees may elect,on a quarterly basis,the method of reimbursement
for work performed on holidays. The selection between accrued holiday time
and/or overtime pay must be made known to the County during each oU the
calendar months of June, September, December, and March for the duration
of this Memorandum Of Understanding.
b. Employees starting work after a list of those electing to accrue holiday time has
been submitted to the Auditor and approved,will be paid overtime unless they
specifically requested in writing within seven(7)calendar days to be placed
on the accrual list.
c. Holiday time shall be accrued at the rate of one and one-half(1-1/2),times the
actual hours worked to a maximum of eight(8)hours worked by the employee.
d. Holiday time may not be accumulated In excess of two hundred eighty-eight(288)
working hours. Holiday time may be accrued up to two hundred eighty-,elght
(288)hours,exclusive of regular vacation accruals.After two hundred eighty-
eight (288)hours holiday time shall be paid at the overtime rates as specified
In Section 7. ;
e. Accrued holiday time may be taken off at times determined by mutual agreement
of the employee and the department head.
12.6 Each permanent employee who qualifies for paid holidays shall;not bi quired
to work on at least one(1)of the following holidays each year:Thanksgiving,Christmas,
New Year's Day. i
12.7 Employees who work at the County Hospital on Thanksgiving and/or Christmas
shall receive a meal at the County Hospital Cafeteria during an assigned shift at no
cost to the employee. (J
12.8 Permanent-Intermittent Holidays Pay. Employees in permanent-intermittent
positions shall receive holiday pay at the rate of 1-1/2 times the employee's base salary
rate for up to eight (8) hours worked on a recognized holiday.
SECTION 13-VACATION LEAVE
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13.1 Vacation Allowance. Permanent and provisional employees in permanent positions
are entitled to vacation with pay.Accrual is based upon straight time hours of working
time per calendar month of service and begins on the date of appolntment to a permanent
position. Increased accruals begin on the first of the month following the month in
which the employee qualifies.Accrual for portions of a month shall be in minimum amounts
of one(1)hour calculated on the same basis as for partial month compensation pursuant
to Section 5.9 of this Memorandum of Understanding.Vacation credits my not be taken
during the first six(6)calendar months of employment,not neces-,�pry synonymous
with prnbationary status,except where sick leave has been exliausl •j.'find none shall
be nllowed in excess of actual accrual at the time vacation ist taken.
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13.2 Vacation Accrual Rates.
Monthly Maximum
Accrual Cumulative
Le.nglh 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 sabbatical leave.
This leave shall be granted under the same provisions for vacation 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 8111165,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.Leas 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 vacation 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
fuctur 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.
Vacations requested during the preapproved phase which include major holidays,
Thanksgiving,Christmas and Now Years,shall be rotated amongst staff rather than
determined by seniority.
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13.8 The following policy governs the approval of vacation requests and the vacation
coverage responsibilities of the Family Nurse Practitioners.
a. FNP's who submit vacation request less than thirty(30)days in advance shall
be responsible to arrange for other FNP's to cover their assignments. If they r
are unable to arrange coverage for their assignments, their vacation,;Yill not
be approved unless they obtain approval from the appropriate Manager to make
other arrangements. t t
b. Vacation requests which are submitted at least thirty(30)days in advance shall
normally be approved. Assistance from the FNP In arranging coverage will be'
appreciated,but Administration will assume responsibility to arrange coverage
for the FNP's assignments.
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SECTION 14-SICK LEAVE
A�
14.1 Purpose of Sick Leave. The primary purpose of paid sick leave Is to ensure
employees against loss of pay for temporary absences from work due to illness or iriJury.
It is a benefit extended by the County and may be used only as authorized; itlis not
paid time off which employees may use for personal activities. f
14.2 Credits To and Charges Against Sick Leave. Sick leave credits accrue et the
rete of eight(8)working hours credit for each completed month of service,as prescribed
by County Salary Regulations. Employees who work a portion of aimonth ere entitled
to a pro rate share of the monthly sick leave credit computed on the same Basis as is
partial month compensation.
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Credits to and charges against sick leave are made In minimum amounts of one-tenth
hour(6 minutes) increments. a
Unused sick leave credits accumulate from year to year.
When an employee Is separated other than through retirement',accumulated sick leave
credits shall be cancelled, unless the separation results from layoff.; in which case
the accumulated credits shall be restored ifs/he Is reemployed in a permanent position
within the period of lay off eligibility. t
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Upon the date of retirement, an employee's accumulated sick leave 1s converted to
retirement time on the basis of one day of retirement service credit for each day of
accumulated sick leave credit. >
14.3 Policies Governing the Use of Paid Sick Leave. AWIndicated above,the primary
purpose of paid sick leave is to ensure employees against lose of pay for temporary
absences from work due to illness or injury. The following definitions apply:
Immediate Family: Includes only the spouse,son,stepson,daughter,stepdaughter,
father,stepfather,mother,stepmother,brother,sister,grandparent,grandchild,
father-in-law,mother-in-law,daughter-in-law,son-in-law,brother-in-law,sister-in-
law, foster children,sunt, uncle,cousin,stepbrother,or stepsister of an employee
end/or includes any other person for whom the employee is the legal guardian or
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conservator,ur arty person who is claimed as a"dependent"for IRS reporting purposes
by lite employee.
Employee: Any person employed by Contra Costa County in an allocated position in
the County service.
Paid Sick leave Credits: Sick leave credits provided for by County Salary Regulations
and memoranda of understanding.
Condition/Reason: With respect to necessary verbal contacts and confirmations which
occur between the department and the employee when sick leave is requested or verified,
a brief statement in non-technical terms from the employee regarding inability to work
due to injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
a. Temporary Illness or Injury of an Employee. Paid sick leave credits may be
used when the employee is off work because of a temporary Illness or injury.
b. Permanent Disability Sick Leave. Permanent disability means the employee suffers
from a disabling physical injury or Illness and is thereby prevented from engaging
in any County occupation for which the employee to qualified by reason of
education, training or experience. Sick leave may be used by permanently
disabled employees until all accruals of the employee have been exhausted or
until the employee is retired by the Retirement Board,subject to the following
conditions:
1. An application for retirement due to disability has been filed with the
Retirement Board.
2: Satisfactory medical evidence of such disability is received by the
appointing authority within 30 days of the start of use of sick leave for
permanent disability.
3. 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 demonstrates that the employee is not
disabled,or when the appointing authority determines that the medical
evidence submitted by the employee is insufficient,or where the above
conditions have not been met.
c. Communicable Disease. An employee may use paid sick leave credits when under
a physician's order to remain secluded due to exposure to a communicable disease.
d. Sick Leave Utilization for Pregnancy Disabili1t. Employees whose disability
is caused or contributed to by pregnancy,miscarriage,abortion,childbirth,
or r•ec:uvery 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:
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I. Application for such leave must be made by the employee to the appointing
authority accompanied by a written statement of disability from,the
employee's attending physician. The statement must address itself to
the employee's general physical condition having considered the nature
of the work performed by the employee, and it must indicate the date
of the commencement of the disability as well as the date the physician
anticipates the disability to terminate.
2. If an employee does not apply for 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. Should the medical report sorecommend;
a mandatory leave shall be Imposed upon the employee for the duration
of the disability.
3. Sick leave may not be utilized after the employee has been released from
the hospital unless the employee has provided the County with a written
statement from her attending physician stating that her disability contlriues
and the projected dates of the employee's recovery from such disability.
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e. Medical and Dental Appointments. An employee may use paid sick leave credits:
I. For working time used In keeping medical and dental appointme nt s for
the employee's own care; and
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2. For working time used by an employee for prescheduled medical and dental
appointments for an immediate family member.
f. Emergency Care of Family. An employee may use paid sick leave credits for
working time used In cases of Illness or injury to an immediate family member.
g. Death of Family Member. An employee may use paid sick leave credits for working
time used because of a death in the employee's Immediate family, but this shall
not exceed three working days,plus up to two days of work time for necessary
travel.
h. Accumulated paid sick leave credits ay not be used in the following s
trituations:
I. Vacation. Paid sick leave credits may not be used for an employee's illness
or injury which occurs while he is on vacation but the County Administrator
may authorize it when extenuating circumstances exist and the appointing
authority approves.
2. Not in Pay Status. Paid sick leave credits may not be used when the
employee would otherwise be eligible to use paid sick leave credits but
is not in pay status. j
14.4 Administration of Sick Leave. The proper administration of sick leave is a
responsibility of the employee and the department head'. The following procedures
apply:
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A. Employee Responsibilities
1. Employees are responsible for notifying their department of ail
absence prior to the commencement of their work shift or as soon
thereafter as possible. Notification shall include the reason and
possible duration of the absence.
2. Employees are responsible for keeping their department informed
on a continuing basis of their condition and probable date of return
to work.
3. Employees are responsible for obtaining advance approval from
their supervisor for the scheduled time of pro-arranged personal
or family medical and dental appointment.
4. Employees are encouraged to keep the department advised of(1)
a current telephone number to which sick leave related inquiries
may be directed,and(2)any condition(s)and/or restriction(s)
that may reasonably be imposed regarding specific locations and/or
persons the department may contact to verify the employee's sick
leave.
B. Department Responsibilities. The use of sick leave may properly be denied
if these procedures are not followed. Abuse of sick leave on the part
of the employee to cause for disciplinary action.
Departmental approval of sick leave is a certification of the legitimacy
of the sick leave claim. The department head or designee may make
reasonable inquiries about employee absences. The department may require
medical verification for an absence of three(3)or more working days.
The department may also require medical verification for absences of less
than three(3)working days for probable cause if the employee had been
notified in advance in writing that such verification was necessary.
Inquiries may be made in the following ways:
1. Calling the employee's residence telephone number or other contact
telephone number provided by the employee if telephone notification
was not made In accordance with departmental sick leave call-in .
guidelines. These inquiries shall be subject to any restrictions
imposed by the employee under Section IV.A.4.
2. Obtaining the employee's signature on the Absenoe/Overtime Record,
or on another form established for that purpose, as employee
certification of the legitimacy of the claim.
3. Obtaining the employee's written statement of explanation regarding
the sick leave claim.
4. Requiring the employee to obtain a physician's certificate or
verification of the employee's illness, date(s) the employee was
incapacitated, and the employee's ability to return to work, as
specified above.
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5. In absences of an extended nature,requiring the employee to obtain
from their physician a statement of progress and anticipated date
on which the employee will be able to return to work,as specified
above.
Department heads are responsible for establishing timekeeping
procedures which will insure the submission of a time card covering
each employee absence and for operating their respective offices
in accordance with these policies and with clarifying regulations
issued by the Office of the County Administrator.
To help assure uniform policy application,the Personnel Director
or designated management staff of the County Personnel Department
should be contacted with respect to sick leave determinations about
which the department Is in doubt.
14.5 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 1837.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 employee's paid
time a physical, medical and/or psychiatric examination by a licensed
physician and receive a report of the findings on such examination. If
the examining physician recommends that treatment for physical or meatal
health problems,including leave,are in the best interests of the employee
or the County in relation to the employee overcoming any disability and/or
performing his or her duties the appointing authority may direct the
employee to take such leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice
to the employee's right to use sick leave,vacation,or any other benefit
to which the employee Is entitled other than regular salary.The Director
of Personnel may order lost pay restored for good cause and subject to
the employee's duty to 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
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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.
14.6 Workers'Compensation. The County will reduce Workers'Compensation for
all non-safety employees to 94 of monthly salary for all claims filed with the employee's ;
department on or after February 10,1992 and 880 of monthly salary for all claims filed
on or after January 1, 1993. AH savings generated will be used toward offsetting
chargeable increases in County subvention of premiums for health and dental plans.
If Workers'Compensation becomes taxable,the County agrees to restore the current
benefit level(1 on of monthly salary)and the parties shall meet and confer with respect
to funding the Increased cost.
A. Employees who leave work as a result of an on-the-job injury will have
the balance of that day charged to sick leave and/or vacation accruals.
This will be considered as the last day worked for purposes of determining
Workers'Compensation benefits.
B. Three (3) consecutive calendar days following the last day worked
constitutes a waiting period before Workers'Compensation starts. The
time the employee Is scheduled to work during this waiting period will
be charged to the employee's sick leave and/or vacation accruals. In
order to qualify for Workers'Compensation the employee must be under
the care of a physician.Temporary compensation is payable on the first
three(3)days of disability when the injury necessitates hospitalization,
or when the disability exceeds twenty-one (21) days.
C. A permanent employee shall continue to receive applicable regular salary
during any period of compensable temporary disability absence In
accordance with Section 5 of the January 28, 1992 Letter of Agreement
between the County and the Health Care Coalition (see attachment).
"Compensable temporary disability absence"for the purpose of this Section,
is any absence due to work connected disability which qualifies for
temporary disability compensation under Workers'Compensation Law set
forth In Division 4 of the California Labor Code. When any disability
becomes permanent,the salary provided in this Section shall terminate.
The employee shall return to the County all temporary disability payments
received from any County funded wage replacement program.No charge
shall be made against sick leave or vacation for these salary payments.
Sick leave and vacation rights shall not accrue for those periods during
which salary payments are made.
The maximum period for the described salary continuation for any one
injury or illness shall be one year from the date of temporary disability.
Continuing pay begins at the same time that temporary Workers'
Compensation starts and continues until the temporary disability ends,
or until one(1)year has expired,whichever comes first.All continuing
pay under the Workers'Compensation Program will be cleared through
the Office of the County Administrator, Risk Management Division.
Whenever an employee who has been injured on the job and has returned
lo work is required by an attending physician to leave work for treatment
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during working hours the employee shall be allowed time off up to three
(3)hours for such treatment without loss of pay or benefits.This provision
applies only to injuries that have been accepted by the County as a job
connected Injury.
D. Applicable Pay Beyond One Year.if an injured employee remains eligible
for temporary disability beyond one year,applicable salary will continue
by Integrating sick leave and/or vacation accruals with Workers'
Compensation benefits(vacation charges to be approved by the Department
and the employee). If salary integration is no longer available,Workers'
Compensation benefits will be paid directly to the employee as prescribed
by Workers' Compensation laws.
E. Rehabilitation Integration.An injured employee who is eligible for Workers'
Compensation rehabilitation temporary disability benefits and whose
disability is medically permanent and stationary will continue to receive
applicable salary by Integrating sick leave and/or vacation accruals with
Workers'Compensation rehabilitation temporary disability benefits until
those accruals are exhausted.Thereafter,the rehabilitation temporary
disability benefits will be paid directly to the employee.
F. Health Insurance. The County contribution to the employee's group
insurance plan s continues during the continuing pay period and during
integration of sick leave or vacation with Workers'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)]
C=Sick leave or vacation charge per day (in hours)
W=Statutory Workers'Compensation for a month
S=Monthly salary
14.7 Labor-Management Committee. On May 26, 1981 the Board of Supervisors
established a labor-management committee to administer a rehabilitation program for
disabled employees. It is understood that the benefits specified above in this Section
14 shall be coordinated with the rehabilitation program as determined by the labor-
management committee.
14.8 Accrual During leave Without Pay. No employee who has been granted a leave
without pay or an unpaid military leave shall accrue any sick leave credits during the
time of such leave nor shall an employee who is absent without pay accrue sick leave
credits during the absence.
14.9 Integration of SDI Benefits. Employees eligible for State Disability benefits
and sick leave benefits for any portion of disability shall be required to make application
for both benefits. The State Disability benefits shall be returned to the County to
be credited to the employee's sick leave balance on the following basis:
a. Integration with State Disability is automatic and cannot be waived.
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b. The amount credited to the employee's sick leave balance shall be converted
to sick leave hours by dividing the amount received from State Disability Insurance
by the employee's straight time hourly rate,at the time of payment,as determined
by the appropriate salary schedule for the employee's class of employment.
c. If the employee is eligible for State Disability Insurance benefits,application
must be made and the benefits returned to the County for sick leave credits
so that the principle of'integration Is completed.
d. In the event an employee Is not eligible for sick leave credits from the from the
County, there will be no Integration and the employee shall not return State
Disability Insurance benefits to the County.
e. in the event an employee receives sick leave benefits fora portion of the disability
period, State Disability benefits must be utilized to restore only those sick
leave hours used during the period of disability.
f. Restoration of sick leave balances shall be rounded to the nearest one-half(1/2)
hour.
g. In no instance will an employee be allowed to"purchase"sick leave not accrued.
h. The County will provide separate accounting for the"purchase"sick leave to
insure that State Disability Insurance Benefits are not taxable.
SECTION 15-LEAVE OF ABSENCE
The County agrees to meet with a subcommittee of the Health Care Coalition on Leave
of Absence policy.
15.1 Leave Without Pay. Any employee who has permanent statue in the classified
service may be granted a leave of absence without pay upon written,request,approved
by the appointing authority; provided,however, that leaves for pregnancy shall be
granted in accordance with applicable state and federal law. Upon request to the
appointing authority,any employee who has permanent status In the classified service
shall be entitled to at least an eighteen(18)week(less if so requested by the employee)
parental leave of absence, commencing with the birth, adoption, or serious illness
of a child or dependent parent.
Insofar as pregnancy disability leave Is used under Section 14.2.D.that time will not
be considered a part of the 18 week parental leave period. Additionally,an employee
may choose to remain in a pay status by using available sick leave(under Section 14),
vacation, floating holiday or compensatory time off entitlements during the 18 week
parental leave; however, use of accruals must be on a continuous basis from the
beginning of the parental leave period and may not be"broken"into segments used
on a mont lily basis except as may be required by SDI buyback under Section 14.9).
Parental leave must be requested at least 30 days prior to the scheduled leave
commencement date unless an exigency arises.
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Requests for leuve without pay shall be made upon forms prescribed by the Director
of Personnel and shall state specifically the reason for the request, the date when
it is desired to begin the leave and the probable date of return.
Leave without pay may be granted for any of the following reasons:
a. Illness or disability;
b. pregnancy;
C. parental;
d. to take a course of study such as will increase the employee's usefulness on
return to the employee's position;
e. 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[tray 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.
Wheneveran 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 decision 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 termination 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 promotiaud examination,
time on military leave shall be considered as time In County service.
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Any employee who has been granted a military leave,may upon return,be required
to furnish such evidence of performance of military service or of honorable discharge
as the Director of Personnel may deem necessary.
15.3 heave of Absence Rlacement. Any permanent employee in the merit system
who requests reinstatementepto the classification held by the employee in the same
department at the time the employee was granted a leave of absence,shall be reinstated
to a position in that classification and department.
In case of severance from service by reason of the reinstatement of a permanent employee,
the provisions of Section 11 - Layoff and Seniority, shall apply.
15.4 Sala Review While on Leave of Absence. The salary of an employee who Is
on leave of absence from a County position on any anniversary date shall be reviewed
on the anniversary date.The approval or denial of an increment will be at the discretion
of the appointing authority.Employees on military leave shall receive salary increments
that may accrue to them during the period of military leave.
15.5 Unauthorized Absence.An unauthorized absence from the work site or failure
to report for duty after a leave request has been disapproved,revoked,or cancelled
by the appointing authority,or at the expiration of a leave shall be without pay.Such
absence may also be grounds for disciplinary action.
SECTION 16-JURY DUTY AND WITNESS DUTY
16.1 Jury Duty. If called for jury duty in a Municipal,Superior,or Federal Court,
or for a Coroner's jury, employees may remain in their regular pay status, or they
may take vacation leave or leave without pay and retain all fees and expenses paid
to them.
If an employee is called for jury duty and elects to remain in a regular pay status and
waive ail fees(other then mileage allowances)received,the employee shall obtain from
the.Clerk or Jury Commissioner a certificate which shall indicate the days attended
and the fart that fees other than mileage are waived.
The employee shall furnish the court certificate to his/her department, which shall
be retained as a department record. When serving jury duty in a Federal Court,an
employee shall return all fees(other than mileage allowance)received to the County.
When an employee is called for jury duty and elects to retain all fees, the employee
must take vacation leave or leave without pay. No court certificate is required in this
instance. Employees shalt advise their department as soon as possible If scheduled
to appear for jury duty.
Permanent-intermittent employees areentitled paid jury duty leave only for those days
on which they were previously scheduled to work.
16.2 Wit noes Dui. Employees called upon as a witness or an expert witness in a case
orising iu the course of their work or the work of another department may remain in
their regular pay status and turn over to the County all fees and expenses paid to
them,other thnn mileage allowance,or they may take vacation leave or leave without
pay nod retnin till fees and expenses.
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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 some 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 Plaut,Safeguard Dental
Plan, Aetna Life Insurance and the medical Insurance options of Kaiser-Parmanente
Foundation Health Platt,the Contra Costa County Health Plan,and the lot Choice Health
Plan, to all permanent employees regularly scheduled to work twenty (20) or more
hours per week.During the term of this Memorandum of Understanding,all conditions
and agreements regarding health,dental and related benefits contained in the January
28, 1992 Letter of Agreement between the County and the Health Care Coalition shall
be in effect.
17.2 Health and Dental Subvention. The following rates apply to permanent full time
and permanent part-time employees working at least 20/40th a week. Permanent-
intermittent, provisional,and permanent part-time employees working less than 20
hours a week may enroll In a plan but are not entitled to the County subvention.
A. Subvention for 1991-1992.
1. CCHP and Dental: County will contribute$10 single and$26 family
for monthly premium increases;employees will continue to pay$.01
par month.
2. Dental Only: Employees will continue to pay$.01 per month.
3. Ist Choice Kaiser and Dental; County will contribute 77 percent
(77!) toward monthly health and dental premiums. The County
subvention for Safeguard B to be the same contribution as for
Safeguard A not to exceed total premium of Safeguard B.
B. Subvention for 1992-1993.
1. CCHP and Dental: County will contribute 98 percent (98%) of
monthly premium cost for health and dental premiums.
2. Dental Only: Employees will continue to pay $.01 per month.
3. Ist Choice, Kaiser and Dental: County will contribute 77 percent
(77%) toward monthly health and dental premiums. The County
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subvention for Safeguard B to be the same contribution as for
Safeguard-A not to exceed total premium of Safeguard B.
17.3 Rate Information. The County Benefits Division will make health and dental
plan rate information available upon request to employees and departments. In addition,
the County Benefits Division will publish and distribute to employees and departments
information about rate changes as they occur during the year.
Any increase in the Health Plan costs greater than the County contributions Identified
above occurring 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(a) rate for the option selected and subtracting the monthly Part B
Medicare premium withheld from Social Security payments for one enrollee;for Employee
and Dependent(s) with two members on Medicare by taking the Employee and
Dependent(a)rate for the option selected and subtracting 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 to 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 shell be dropped from the health plan.An employee is thus covered by
the health plan for the month in which compensation to paid.
17.6 Coverage During Absences. An employee on approved leave shall be allowed
to continue his/her health plan coverage at the County group rate for twelve (12)
months provided that the employee shall pay the entire premium for the health plan
during said leave.
An employee on leave in excess of twelve(12)months may continue health plan coverage
by converting to an individual health plan option (if available)or continuing group
coverage subject to the provisions of the Consolidated Omnibus Budget Reduction
Act (COBRA) provided the employee pays the entire cost of coverage, plus any
administrative fees,for the option selected.The entire cost of coverage shall be paid
at a place and time specified by the County. Isle payment may result in cancellation
of health plan coverage with no reinstatement allowed.
An employee who terminates County employment may convert to individual health plan
coverage,if available.,or may continue County group health plan coverage to the extent
provided under C,OBRA by making premium payments to the County at a time and place
specified by the County.
17.7 Rcetirrmrut CoverwW...Upon retirement,employees may remain in the same County
group medical pian if immediately before their retirement they are either active
sllbsvribers In one of the County Health Plans(it-if oil authorized leave of absence
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without pay they have retained individual conversion membership from the County
plan.
17.8 Dual Coverage. If a husband and wife both work for the County and one of them
is laid off,the remaining eligible shall be allowed to enroll,or transfer into the health
coverage combination of his/her choice.
An eligible employee who is no longer covered for medical or dental coverage through
a spouse's coverage shall be allowed to enroll or transfer into the health coverage
combination of his/her choice within thirty(30)days of the date coverage is no longer
afforded under the spouse's plan.
SECTION 18- PROBATIONARY PERIOD
18.1 Duration.All appointments from officially promulgated employment lists for original
entrance or promotion shall be subject to a probationary period. This period shall
be from six (6) months to two(2) years duration.
18.2 Those classes represented by the Association which have probation periods
In excess of six (6) months: None.
18.3 When the probationary period for a class is changed, only new appointees to
positions in the classification shall be subject to the revised probationary period.
18.4 The probationary period shall commence from the date of appointment. It shall
not include time served in provisional or temporary appointments or any period of
continuous absence exceeding fifteen(15)calendar days except as otherwise provided
by law. For those employees appointed to permanent-intermittent positions with a six
(6) months probation period, probation will be considered completed upon serving
one-thousand(1,000)hours after appointment except that in no instance will this period
be less than six(6)calendar months from the beginning of probation.If a permanent-
intermittent probationary employee is reassigned to full-time,credit toward probation
completion in the full-time position shall be prorated on the basis of one hundred seventy-
three(173)hours per month.For employees appointed to permanent part-time positions
with a six (6)month probation period, probation will be considered completed after
serving six (6) months in the permanent part-time position.
18.5 Rejection During Probation.An employee who is rejected during the probation
period and restored to the eligible Ilst shall begin a new probationary period if
subsequently certified and appointed.
A. Appeal from rejection.Notwithstanding any other provision;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
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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 probationary period unless
the Merit Board specifically reinstates the former period.
18.6 Regular Appointment.The regular appointment of a probationary employee shall
begin on the day following the end of the probationary period,subject to the condition
that the Director of Personnel receive from the appointing authority a statement in
writing titpt 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 make
every effort to process the probation report in a timely manner, with the Intent of
completing it before the end of the probation period. If the appointing authority falls
to submit in a timely manner the proper written documents certifying that a probationary
employee has served in a satisfactory manner and later acknowledges it was his or
her intention to do so, the regular appointment shall begin on the day following.the
end of the probationary period.Notwithstanding any other provisions of the Memorandum
of Understanding,an employee rejected during the probation period from a position
in the Merit System to which the employee had been promoted or transferred from an
eligible list,shall be restored to a position In the department from which the employee
was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six(6)months after
being promoted or transferred from a position in the Merit System to a position not
included in the Merit System shall be restored to a position In the classification In the
department from which the employee was promoted or transferred.
A probationary employee who has been rejected or has resigned during probation shall
not be restored to the eligible list from which the employee was certified unless the
employee receives the affirmative recommendation from the appointing authority and
is certified by the Director of Personnel whose decision is final.
The Director of Personnel shall not certify the name of a person restored to the eligible
list to the same appointing authority by whom the person was rejected from the same
eligible list,unless such cxrtification is requested in writing by the appointing authority.
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18.7 Layoff During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department,shall be required to complete
only the balance of the required probation.
If reemployed In another department or in another elassifieation, the employee shall
serve a full probationary period.An employee appointed to a permanent position from
a layoff or reemployment list is subject to a probation period if the position is in a
department other than the department from which the employee separated,displaced,
or voluntarily demoted in lieu of layoff.An appointment from a layoff or reemployment
list is not subject to a probation period if the position is in the department from which
the employee separated, displaced or voluntarily demoted In lieu of layoff.
18.8 Reiect ion DuringProbation of Iayoff Employee.An employee who has achieved
permanent status in the else.before layoff and who subsequently is appointed from
the layoff list and then rejected during the probation period shall be automatically
restored to the layoff list, unless discharged for cause, if the person is within the
period of layoff eligibility. The employee shall begin a new probation period if
subsequently certified and appointed in a different department or classification than
that from which the employee was laid off.
SECTION 19-PROMOTION
19.1 Promotion shall be by competitive examination unless otherwise provided in this
Memorandum of Understanding.
19.2 Promotion Policy. The Director of Personnel, upon request of an appointing
authority,shall determine whether an examination is to be called on a promotional basis.
19.3 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 prumotion are
applicable.
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19.4 Requirements for Promotional Standing. In order to qualify for an examination
celled on a promotional basis,an employee must have probationary or permanent status
in the merit system and must possess the minimum qualifications for the class.Applicants
will be admitted to promotional examinations only if the requirements are met on or
before the final filing date. If an employee who is qualified on a promotional employment
list is separated from the merit system,except by layoff, the employee's name shall
be removed from the promotional list.
19.5 Seniority Credits.Employees who have qualified to take promotional examinations
and who have earned a total score, not including seniority credits,of seventy(70)
percent or more,shall receive,In addition to all other 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 determined. No employee,however,shall receive more than a total
of five percent (58) 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.
SECTION 20-TRANSFER
20.1 The following conditions are required in order to qualify for transfer:
a. The position shall be in the same class,or if in a different class shall have been
determined by the Director of Personnel to be appropriate for transfer on the
basis of minimum qualifications and qualifying procedure;
b. the employee shall have permanent status in the merit system and shall be in
good standing;
C. the appointing authority or authorities involved in the transaction shall have
Indicated their agreement In writing;
d. the employee concerned shall have indicated agreement to the change in writing;
e. the Director of Personnel shall have approved the change.
Notwithstanding the foregoing,transfer may also be accomplished through the regular
appointment procedure provided that the individual desiring transfer has eligibility
on a list for a class for which appointment is being considered.
20.2 Any employee or appointing authority who desires to initiate a transfer may
inform the Director of Personnel in writing of such desire stating the reasons therefor.
If I he Dim etor 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 lake the initiative in accomplishing the transfer.
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20.3 Hid Procedure. permanent employees may bid oil open jobs in tike same
classification throughout the Health Services Department.All open jobs will be offered
to presently assigned permanent employees for bid. The following procedures shall
apply:
a. Responsibility. Implementation of the bidding procedure is the responsibility
of the Supervisor("Supervisor")of the vacated or newly created position.
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 he/she was authorized
to be off during the entire posting period.
c. Ali Open Jabs 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.. Eligible Hiddere. 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. Employees who are in temporary or
provisional positions and employees still on probation in a permanent position
may not bid.
Bidder Selection. The Supervisor shall interview each employee submitting
a bid and select t to 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.). Unsuccessful bidders will be so notified in writing
on forms agreed to between the Association and the Department as soon as possible
following the conclusion of tike interviews,but not later than the date upon which
the successful bidder is notified of selection. The bid results form is not an
employment record and will not be used for subsequent employment related
decisions.
f. 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.
g. Minimum Job Time-3 Months. Employees must have had three(3)montlis in their
reassigned position before they may bid on another open position. Time period
begins the date they begin working in the new assignment.
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h. Bidding While on Leave. Employees Interested in a particular assignment and
wishing to be notified of an open position while on authorized absence from work
(not day off)may leave a bid form or a self-addressed,stamped envelope with
the Supervisor of the position in which they are interested.
SECTION 21- RESIGNATIONS
An employee's voluntary termination of service is a resignation.Written resignations
shall be forwarded to the Personnel Department by the appointing authority immediately
on receipt,and shall indicate the effective date of termination.Oral resignation shall
be immediately confirmed by the appointing authority In writing to the employee and
to the Personnel Department and shall indicate the effective date of termination.
21.1 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two(2) weeks In advance of the last date of service(unless
the appointing authority requires a longer period of notice,or consents to the employee's
terminating on shorter notice)is a resignation In good standing.
21.2 Constructive Resignation. A constructive resignation occurs and Is effective
when:
a. An employee has been absent from duty for ten(10)consecutive working days
without leave, and
b. ten(10)more consecutive days have elapsed without response by the employee
after the mailing of a notice of resignation by the appointing authority to the
employee at the employee's last known address.
21.3 Effective Resignation.A resignation is effective when delivered or spoken to
the appointing authority, operative either on that date or another date specified.
21.4 Revocation.A resignation that is effective is revocable only by written concurrence
of the employee and the appointing authority.
21.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced
by the appointing authority may be revoked within seven (7)calendar
days after its expression, by serving written notice on the Director of
Personnel, and a copy on the appointing authority.
B. Reinstatement.If the appointing authority acknowledges that the employee
could have believed that the resignation was coerced,it shall be revoked
and the employee returned to duty effective on the day following the
appointing authority's acknowledgement without loss of seniority or pay.
C. Contest. Unless,within seven(7)days of the receipt of the notice,the
appointing authority acknowledges that the resignation could have been
believed to be coerced, this question should be handled as an appeal to
the Merit Board. In the alternative,the employ(w may(ilea written election
with the Director of Personnel waiving the employee's right of appeal to
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the Merit Hoard in favor of the employee's appeal rights under the grievance
procedure contained in Section 23 of the Memorandum of Understanding
beginning with Step 3.
D. Disposition. If a final decision is rendered that determines that the
resignation was coerced, the resignation shall be deemed revoked and
the employee returned to duty effective on the day following the decision
but without loss of seniority or pay, subject to the employee's duty to
mitigate damages.
21.6 Eligibility for Reemployment.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 permanent 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 minimum requirements for the new class.If the appointing authority
of the department 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 mandatory if the
appointing authority recommended reemployment of the individual(s)listed but is optional
for other appointing authorities.
SECTION 22- DISMISSAL, SUSPENSION, AND DEMOTION
22.1 The appointing authority may dismiss, suspend,or demote,any employee for
cause. The following are sufficient causes for such action;the list is indicative rather
than inclusive of restrictions and dismissal, suspension or demotion may be based
on reasons other than those specifically mentioned:
a. absence without leave;
b. conviction of any criminal act involving moral turpitude;
C. conduct tending to bring the merit system into disrepute;
d. disorderly or immoral conduct;
e. incompetence or inefficiency;
f. insubordination;
g. being at work under the influence of liquor or drugs,carrying unto the premises
liquor or drugs or consuming or using liquor or drugs during work hours and/or
on County premises;
h. neglect of duty;
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i. negligent or willful damage to public property or waste of public supplies or
equipment;
j. violation of any lawful or reasonable regulation or order given by a supervisor
or Depnrtment [lead;
k. willful violation of any of the provisions of the merit system ordinance or Personnel
Management Regulations;
1. material and intentional misrepresentation or concealment of any fact in connection
with obtaining employment;
m. misappropriation of County funds or property;
n. unreasonable failure or refusal to undergo any physical, medical end/or
psychiatric exam and/or treatment authorized by this Memorandum of
Understanding;
o. dishonesty or theft;
p. excessive or unexcused absenteeism and/or tardiness;
q. sexual harassment, Including but not limited to unwelcome sexual advances,
requests for sexual favors,and other verbal,or physical conduct of a sexual
nature, when such conduct has the purpose or effect of affecting employment
decisions concerning an individual, or unreasonably interfering with an
individual's work performance,orareatingan Intimidatingend hostile working
environment.
22.2 Skelly Requirements.Notice of Proposed Action(Skelly Notice).Before taking
a disciplinary action to dismiss,suspend for more then five(5)work days(four(4)
work days for employees on 4/10 work week),demote or reduce in salary any employee,
the appointing authority shall cause to be served personally or by certified mail on
the employee, a Notice of Proposed Action, which shall contain the following:
a. A statement of the action proposed to be taken.
b. A copy of the charges,Including the acts or omissions and grounds upon which .
the action is based.
C. If it is claimed that the employee has violated a rule or regulation of the County,
department or district, a copy of said rule shall be included with the notice.
d. A statement that the employee may review and request copies of materials upon
which the proposed action is based.
e. A stntement that the employee has seven (7)calendar days to respond to the
appointing authority either orally or in writing.
Em 1.! Re.Im se. The employee upon whom a Notice of Proposed Action has been
served shnll hnve 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
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employee and for good cause,the appointingaulhorily may extend in writing the periud
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 Employee Response. Pending response to a Notice of Proposed
Action within the first seven(7)days or extension thereof, the appointing authority
for cause specified in writing may place the employee on temporary leave of absence,
with pay.
22.4 Length of Suspensions. 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 specifically the causes
for the action.
B. Service of Order.Said order of dismissal,suspension,or demotion shall
be filed with the Director of Personnel, showing by whom and the date
a copy was served upon the employee to be dismissed, suspended or
demoted,either personally or by certified mall to the employee's last known
mailing address.The order shall be effective either upon personal service
or deposit in the U. S. Postal Service.
C. Employee Appeals from Order. The employee may appeal an order of
dismissal,suspension or demotion either to the Merit Board or through
the procedures of Section 23-Grievance Procedure of this Memorandum
of Understanding provided that such appeal is filed in writing with the
Director of Personnel within ten(10)calendar days after service of said
order. An employee may not both appeal to the Merit Board and file a
grievance under Section 23 of this Memorandum of Understanding.
SECTION 23-GRIEVANCE PROCEDURE
23.1 A grievance is any dispute which involves the interpretation or application of
any provision of this Memorandum of Understanding excluding,however,those provisions
of this Memorandum of Understanding which specifically provide that the decision of
any County official shall be final,the interpretation orapplication of those provisions
not being subject to the grievance procedure. The Association may represent the
employee at any stage of the process.Grievances must be filed within thirty(30)days
of the incident or occurrence about which the employee claims to have a grievance
and shall be processed in the following manner:
A. Stet 1. Any employee or group of employees who believes that a provision of
this Memorandum of Understanding has been misinterpreted or misapplied to his or
her detriment shall discuss the complaint with the employees immediate supervisor,
who shall meet with the employee within five(5)days of receipt of a written request
to hold such meeting.
-46-
R. StP.P 2. If a grievance Is not satisfactorily resolved in Step 1 above,the employee
may submit the grievance in writing within ten(10) work days to such management
officinl as the Department Head may designate. This formal written grievance shall
state which provision of the Memorandum of Understanding has been misinterpreted
or misapplied, how misapplication or misinterpretation has affected him or her to his
or tier detriment,and the redress he or she seeks.A copy of each written communication
on a grievance shall be filed with the Director of Personnel. The Department Head
or his or her designee shall have ten(10)work days in which to respond to the grievance
in writing.
C. Stell 3. If a grievance Is not satisfactorily resolved in Step 2 above,the employee
may appeal in writing within seven (7)work days to the Director of Personnel. The
Director of Personnel or his or her designee shall have twenty(20)'work days In which
to investigate the merit of the complaint and to meet with the Department Head and
the employee and attempt to settle the grievance and respond in writing.
D. Step 4. No grievance may be processed under this Section which has not first
been filed and investigated in accordance with Step 3 above and filed within seven
(7) work days of the written response of the Director of Personnel or designee. If
the parties are unable to reach a mutually satisfactory accord on any grievance which
arises and is presented during the term of this Memorandum of Understanding,such
grievance shall be submitted in writing to an Adjustment Board comprised of two(2)
Association representatives and two(2)representatives of the County.The Adjustment
Beard shall meet and render a decision within twenty (20) work days of receipt of
the written request.
E. Step 5. If an Adjustment Board Is unable to arrive at a majority decision,either
the employee (or the County, when alleging a violation of.Section 23.5 below) may
require that the grievance be referred to an Impartial arbitrator who shall be designated
by mutual agreement between the employee and the Director of Personnel.
Such request shall be submitted within twenty (20) work days of the rendering of
the Adjustment Board decision.Within twenty(20)days of the request for arbitration
the parties shall mutually select an arbitrator.The fees and expenses of the arbitrator
and of the Court Reporter shall be shared equally by the employee and the County.
Fach party,however,shall bear the costs of its own presentation,including preparation
and post hearing briefs, If any.
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.
R. No Adjustment Board and no arbitrator shall entertain,hear,decide or
make recommendations on any dispute unless such dispute involves a
position in a unit represented by the Association which has been certified
as the recognized employee organization for such unit and unless such
dispute falls within the definition of a grievance as set forth in Subsection
23.1 above.
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C. Proposals to add to or change this Memorandum of Understanding or to
change written agreements supplementary hereto shall not be arbitrable
and no proposal to modify, amend, or terminate this Memorandum of
Understanding,nor any matter or subject arising out of or in connection
with such proposals,may be referred to arbitration under this Section.
Neither any Adjustment Board nor any arbitrator shall have the power
to amend or modify this Memorandum of Understanding or written
agreements supplementary hereto or to establish any now terms or
conditions of employment.
D. If the Director of Personnel in pursuance of the procedures outlined in
Step 3 above, or the Adjustment Board in pursuance of the provisions
of Step 4 above resolve a grievance which involves suspension or discharge,
they may agree to payment for lost time or to reinstatement with or without
payment for lost time.
23.3 The time limits specified above may be waived by mutual agreement of the parties
to the grievance.if the County fails to meet the time limits specified in Steps 1 through
3 above, the grievance will automatically move to the next step. If an employee falls
to meet the time limits specified in Steps I 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 compensated in accordance with
the provisions of this Memorandum of Understanding shall be considered as griavances.
Any other matters of compensation are to be resolved in the meeting and conferring
process,if not detailed in the Memorandum of Understanding which results from such
meeting and conferring process shall be deemed withdrawn until the meeting and
conferring process is next opened for such discussion.No adjustment shall be retroactive
for more than six (6) months from the date upon which the complaint was filed. No
change in this Memorandum of Understanding or interpretations thereof (except
interpretations resulting from Adjustment Board or arbitration proceedings hereunder)
will be recognized unless agreed to by the County and the Association.
23.6 During the term of this Memorandum of Understanding, the Association, its
members and representatives,agree that it and they will not engage in, authorize,
sanction, or support any strike, slowdown, stoppage of work, sickout, or refusal
to perform customary duties.
In the case of a legally declared lawful strike against a private or public sector employer
which las been sanctioned and approved by the labor body or council luaving jurisdiction,
an employee who is in danger of physical harm shall not be required to cross the picket
line, provided the employee advises his or her supervisor as soon as possible, and
provided further that an employee may be required to cross a picket line where the
performance of his or her duties is of an emergency nature and/or failure to perform
such duties might cause or aggravate a danger to public health or safety.
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23.7 Merit Board.
A. All grievances of employees in representation units represented by the
Association shall be processed under Section 23 unless the employee elects
to apply to the Merit Board on matters within its jurisdiction.
B. No action under Step 3,4,and 5 of Subsection 23.1 above shall be taken
If action on the complaint or grievance has been taken by the Merit Board,
or if the complaint or grievance Is pending before the Merit Board.
23.8 The Association may file a grievance at Step 3 on behalf of affected employees
when action by the County Administrator or the Board of Supervisors violates a provision
of this Memorandum of Understanding.
SECTION 24 -BILINGUAL PAY
Effective January 1, 1992, a salary differential of fifty dollars (:50.00) per month
shall he paid incumbents of positions requiring bilingual proficiency as designated
by the appointing authority and Director of Personnel.Said differential shall be prorated
for employees working less than full time and/or who are on an unpaid leave of absence
for a portion of any given month.Designation of positions for which bilingual proficiency
is required is the sole prerogative of the County.
SECTION 25- RETIREMENT CONTRIBUTION
Pursuant to Government Code Section 31581.1, the County will continue to pay fifty
percent (504)of the retirement contributions normally required of employees. Such
payments shall continue for the duration of this Memorandum of Understanding,and
shall terminate thereafter.Employees shall be responsible for payment of the employees'
contribution for the retirement cost of living program as determined by the Board
of Retirement of the Contra Costa County Employees'Retirement Association without
the County paying any part of the employees share.The County will pay the remaining
one-half 0/2) of the retirement cost-of-llving'program contribution.
SECTION 26-TRAINING REIMBURSEMENT
26.1 The County Administrative Bulletin on Training shall govern reimbursement
for trainingand shall continue tolimit 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, $250 may be applied to continuing education
coursos. Training reimbursement applicable to continuing education(i.e. $250)may
be carried over into the next fiscal year If requested with an explanation for the purpose.
Tlw maximum roimhursement available in any fiscal year may not exceed twice what
cony be accrued in any one fiscal year.
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26.2 The Ilealth 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 education 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 education
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 Praetioners may carry-over additional continuing education leave subject to
approval.
The leave hereinabove defined shall not apply to those courses or programs tine employee
is required by the County to attend.
A Registered Nurse assigned to the night shift, who attends a continuing education
course of eight(8)hours duration outside scheduled work time,may receive educational
leave pay for the actual course time and may be excused from the night shift immediately
preceding or following the course attended.
When an employee covered by this agreement separates from County service,any unused
educational leave shall be cancelled. Permanent part-time registered nurses shall be
entitled to educational leave on a pro-rated basis.
SECTION 28-CLASSIFICATION
Existing classes of positions may be abolished or changed and new classes may be added
to the classification plan by the Director of Personnel subject to approval by tlae Board
of Supervisors.The County will meet and confer with the Association on tite minimum
qualifications and salary of new classes.
If the County wishes to add duties to classes represented by the Association, the
Association shall be notified and upon request of the Association, representatives
of the County will meet and consult with the Association over such duties.
SECTION 29-SAFETY
The County shall expend every effort to see to it that the work performed under the
terms and conditions of this Memorandum of Understanding is performed with it maximum
degree of safety consistent with the requirement to conduct efficient operations.
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SECTION 30-MILEAGE
Effective February 1,1990 mileage allowance for the use of personal vehicles on County
business shall be paid according to the following per month formula:
1 -400 miles x.24 per mile
401 - plus miles ;.18 per mile
The above rates shall be adjusted to reflect an increase or decrease in the cost of gasoline
which shall be determined as provided below on the basis of the average price for
"gasoline,all types"per gallon as listed in Table 5,Gasoline Average Prima per gallon,
U.S. City Average and Selected Areas" for the San Francisco-Oakland California
area published by the Bureau of Labor Statistics,U.S.Department of Labor,hereinafter
referred to as the"Energy Report". The above mileage rates shall be increased or
decreased by one cent ($.01) for each fifteen cents (f.15) Increase or decrease in
the base price for gasoline which shall be defined as the average price of gasoline
per gallon for July, 1979 as published in the Energy Report.Any such rate increase
or decrease shall be effective the first of the month following publication of the index.
The above formula rates include price increases reported since July 1979.The mileage
rate increase or decrease based on the Energy Report shall be contingent upon the
continued availability of the official monthly Energy Report In its present form and
calculated on the same basis unless otherwise agreed upon by the parties.
Effective May 1, 1992 the mileage allowance for use of personal vehicles on County
business shall be paid according to the rates allowed by the Internal Revenue Service
(currently$.28/mile)and shall be adjusted to reflect changes in this rate on the date
it becomes effective or the first of the month following announcement of the changed
rate by the internal Revenue Service, whichever is later.
SECTION 31 -PAY WARRANT ERRORS
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.
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 over payments or
under payments 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 under payments are excluded
from this section for both parties.
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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 percent (5M)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 differential 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 shallapply 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 representatives. Management may also
have three(3) representatives,one of whom shall be the Associate Executive
Director of Patient Care.Both parties may agenda items in advance of the meeting
and management shall provide reasonable information which is not confidential
nor legally protected with a minimum of two weeks advance notice.
H. Upon request of the Association,the County agrees to schedule meetings similar
in concept for the Public Health Division.
SECTION 35-PROFESSIONAL PERFORMANCE COMMITTEES
35.1 There shall be a single Health Services Registered Nurse Professional Porformanee
Committee which shall consist of two subcommittees;one for inpatient Registered Nurses
and one for outpatient Registered Nurses.
The Committee(s) may consider and discuss issues and subject matters of their own
selection which are related to patient care and nursing practice. The Committee(s)
may also formulate advisory recommendations and proposals concerning such matters.
The Committec(s)shall not discuss economic matters,such as wages,hours and other
economic conditions which may be subject to meet and confer.
35.2 The Inpatient Subcommittee may schedule one(1)regular meeting each month
during working hours which shall be scheduled to conflict as little us possible with
nursing services.The County will release from duty no more than three(3)Registered
Nurses assigned to the day shift, two(2)Registered Nurses assigned to the eventing
shift and one(1) Registered Nurse assigned to the graveyard shift for a period not
to exceed two (2) hours for attendance at such a meeting.
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The Ott Ipatient Subcommittee may schedule one(1)regular meeting each month during
working hours, provided that such meetings shall be scheduled to conflict as little
as possible with the clinic schedule and shall be mutually agreeable to the County.
The County will release from duty no more than three (3) nurses for a period not to
exceed two(2) hours, including travel time.
The Committees)may decide to meet jointly in lieu of separate meetings if particular
issues or subjects call for joint inpatient and outpatient consideration.
35.3 The Committee(s) shall maintain written minutes and shall provide copies to
the Director of Hospital Nursing Services and Director of Ambulatory Care Nursing
and shall maintain copies in various locations for perusal by Registered Nurses.
35.4 Employees who are not employed at the Health Services Department may submit
verbal or written advisory recommendations and proposals for improving patient care
to a designated representative of the Department Head,and timely response will be
provided.
35.5 There shall be a separate Professional Performance Committee for the Family
Nurse Practitioners.
The Committee may consider and discuss issues and subject matters of their own selection
which are related to patient care and nursing practice.The Committee may also formulate
advisory recommendations and proposals concerning such matters. The Committee
shall not discuss economic matters,such as wages,hours and other economic conditions
which may be subject to meet and confer.
The Committee may schedule one regular meeting each month during working hours
which shall be scheduled to conflict as little as possible with clinic schedules or
operational needs.The County will release from duty no more than three Family Nurses
Practitioners for a period not to exceed two hours,including travel time,for attendance
at such a meeting.
The Committee shall maintain written minutes and shall provide copies to the designated
supervisor(s)of the Family Nurse Practitioners in the Hospital and Clinic and Public
Health Divisions and shall maintain copies in various locations 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 classifications represented
by California Nurses Association.
SECTION 37-PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for personnel to fill a position in
o vlass for which no reemployment or employment list is available, or in a class for
whip h no eligible or insufficient eligibles to complete the certification will accept
appointment to the position, the Director of Personnel mny authorize the appointing
authority to appoint nny person who possesses the minimum qualifications for the class
-53-
as bet forth in the class specifications,provided that the names of eligibles available
and the names of persons who have indicated the intention to take the next examination
for the class shall be referred to the appointing authority at the time authorization
is issued. In no case shall a permanent position be filled by a provisional appointment
for a period exceeding six(6)calendar months except under the following conditions:
a. If an examination has been announced for the class and recruitment of applicants
is in process,the Director of Personnel may authorize a continuation of pruvisiotad
appointments until an eligible list is established.
b. In case of a provisional appointment to a permanent position vacated by a leave
of absence, such provisional appointment may be continued for the duration
of said leave.
A provisional appointment shall be terminated within thirty(30)days after the
date of certification of eligibles from an appropriate eligible list.
All decisions of the Director of Personnel relative to provisional appointments
are final and not subject to the grievance procedure.
SECTION 38-PERSONNEL FILES
An employee shall have the right to inspect and review the employee's departmental
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.in. Documentation in the personnel
file relating to the investigation of a possible criminal offense,and such information
or letters of reference shall be specifically excluded from such Inspection and review.
SECTION 39-REMBURSEMENT FOR MEAL EXPENSES
Employees shall be reimbursed for meal expenses under the following circumstances
and in the amount specified:
a. When the employee is required by the department head to attend a meeting
concerning County business or County affairs.
b. When the employee is required to be out of the regular or normal work arcw during
a meal hour because of a particular work assignment.
c. When the employee is required to stay over to attend consecutive or continuing
afternoon and night sessions of a board or commission.
d. When the employee is required to incur expenses as host for official guests of
to County,work as members of examining boards,official visitors,and spankers
or honored guests at banquets or other official functions.
e. When the employee is required to work three or more hours of overtime; in this
case (lie employee may be reimbursed in accordance with the AdminisIralive
Bulletin on Expense Reimbursement.
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Men]costs will be reimbursed only when eaten away from home or away from the facility
In the case of employees at twenty-four(24)hour institutions.Procedures and definitions
relative to reimbursement for meal expenses shall be in acoordance with the Administrative
Bulletin on Expense Reimbursement.
SECTION 40-COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY
The loss or damage to personal property of employees Is subject to reimbursement
under the following conditions:
a. The loss or damage must result from an event which is not normally encountered
or anticipated on the job and which is not subject to the control of the employee.
b. Ordinary wear and tear of personal property used on the job is not compensated.
c. Employee tools or equipment provided without the express approval of the
department head and automobiles are excluded from reimbursement.
d. The loss or damage must have occurred in the line of duty.
e. The loss or damage was not a result of negligence or lack of proper care by the
employee.
f. The persona]property was necessarily worn or carried by the employee in order
to adequately fulfill the duties and requirements of the job.
g. The loss or damage to employees'eyeglasses,dentures or other prosthetic devices
did not occur simultaneously with a job connected injury covered by Workers'
Compensation.
h. The amount of reimbursement shall be limited to the actual cost to repair damages.
Reimbursement for items damaged beyond repair shall be limited to the actual
value of the item at the time of loss or damage but not more than the original
cost.
i. The burden of proof of loss rests with the employee.
j. Claims for reimbursement must be processed in accordance with the Administrative
Bulletin on Compensation for Loss or Damage to Personal Property.
SECTION 41 -SERVICE AWARDS
The County shall continue its present policy with respect to service awards Including
time off;provided,however,that the type of award given shall beat the sole discretion
of the County.
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SECTION 42-UNFAIR LABOR PRACTICE
Either the County or the Association may file all 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 Quill date from the beginning
of the last period of continuous County employment(including temporary,provisional,
and permanent status,and absences oil approved leave of absence).When an employee
separates from a permanent position in good standing and within two yours 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-TINE 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 percent (408)of full time
(i.e. 16/40). If the employee works at least fifty percent (508)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 lisle the terms and conditions of employment and
employee benefits.
SECTION 46-PERMANENT-INTERMITTENT EMPLOYEES HEALTH PLAN
A permanent-intermittent employee may participate in the County Group Health Plans
of medical,dental and life insurance coverage wholly at the employee's expense.The
County will not contribute to the employee's monthly premium. The employee will be
responsible for paying the monthly premium appropriately and punctually. Failure
to meet the premium deadline will mean automatic and immediate withdrawal from the
County Group Health Plan and reinstatement may only be effectuated during the annual
open enrollment period.
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SECTION 47-PROVISIONAL EMPLOYEE BENEFITS
Provisional employees who are not permanent employees of the County immediately
prior to their provisional appointment,are eligible for vacation and sick leave benefits.
A provisional employee may participate in the County Group health Plans of medical,
dental and life insurance coverage wholly at the employee's expense.The County will
not contribute to the employee's monthly premium. The employee will be responsible
for .paying the monthly premium appropriately and punctually. Failure to meet the
premium deadline will mean automatic and immediate withdrawal from the County Group
Health Plan and reinstatement may only be effectuated during the annual open enrollment
period.
SECTION 48-LUNCH PERIOD/REST BREAK
Hospital Nurses scheduled to work a full shift(8 hours within a spread of 8-1/2 hours)
shall receive not less than 1/2 hour for lunch.If such nurse is required to work during
all or any portion of the lunch period, such time worked shall be paid at the rate of
time and one half, provided the nurse actually works a full shift.
Nurses with a 1/2 hour lunch at the hospital shall receive priority service over
non-employees in the hospital cafeteria.
There is no change in shift hours for nurses employed at Juvenile Hell or the Detention
Facility; those remaining on a straight 8 hour shift ere always in a pay status and
on duty during lunch and are not permitted to leave the facility without the consent
of their supervisor.
Nurses areentitled to a 10 minute rest break during each 4 hour working period,and
said rest break may be at any time during the 4 hour period. In no event shall
there be more than 2 rest breaks duringone shift.Nurses shall coordinate rest breaks
with the Nursing Program Manager,or designee in accordance with patient care needs.
SECTION 49-CASE MANAGEMENT TIME
Family Nurse Practitioners ten(10)minutes of case management time for every four
(4) hours worked in Primary Care Clinics. Arrangements for case management time
are to be made with the appropriate Regional Medical Director. Individual problems
related to case management time shall be resolved through discussion between the
F'NI'and his/lour Regional Medical Director on a case by case basis.
SECTION 50-HEALTH EXAMINATION
Employees of the County who work in a health Services Department facility will annually
be requirod to complete a health(questionnaire and take it Tuberculosis Skin Test.
In the event that an employee had a positive reaction to a tuberculosis skin test,said
employee will be requested to show proof of having had two(2)negative chest x-rays
ai least one year apart.
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• Employees will also be requested to be screened fur 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 CO1lm1TTEE
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 percent (10%) base salary differential shall be paid fur 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 percent(54)base pay salary differential
shall be paid for those shifts in which said employees qualify for other hazard assignment
differential, said five percent (5$) 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 art 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 59-SPECIAL STUDIES
A. Retirement Benefits. The County agrees to participate in a joint labor-mautagement
committee whose specific objective will be to identify and evaluate any feasible
methods of lessening or eliminating the difference in benefit levels between Tier
1 and Tier 11 retirement plans. This committee will make use of the resources
and advice of the County Retirement Office and its staff and will report its findings
and recommendations to the County Administrator.
It. Dependent Care Salary Contribution.
Effective the first pay period in August 1988,subject to the applicable provisions
of the Internal Revenue Service, employees may contribute up to$5,000 each
calendar year from their salaries for approved dependent care; only eligible
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employees may contribute for such expenses; there is no County contribution
for dependent care. -
Reimbursements are made on a monthly basis subject to submission of Itemized
statements,adequate accumulation of the salary contribution,proof of payment,
and applicable County administrative procedures.
C. Classification Study.
The Health Services Department will submit a proposal to upgrade assignments
In Perinatal Department and Nursery to the Advanced Level of the Registered
Nurse deep class.
SECTION 55 -ADOPTION
The provisions of this Memorandum of Understanding shall be made applicable on the
dates indicated and upon approval by the Board of Supervisors. Resolutions and
Ordinances, where necessary, shall be prepared and adopted in order to implement
these provisions. It is understood that where it is determined that an Ordinance is
required to implement any of the foregoing provisions,said provisions shall become
effective upon the first day of the month following thirty(30)days after such Ordinance
is adopted.
SECTION 56-SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION
56.1 Scope of Agreement. Except as otherwise specifically provided herein, this
Memorandum of Understanding fully and completely incorporates the understanding
of the parties hereto and constitutes the sole and entire agreement between the parties
in any and all matters subject to meet and confer. Neither party shall, during the
term of this Memorandum of Understanding demand any change herein,provided that
nothing herein shall prohibit the parties from changing the terms of this Memorandum
of Understanding by mutual agreement.
56.2 S� rability of Provisions. Should any section, clause or provision of this
Memorandum of Understanding be declared illegal,unlawful or unenforceable,by final
judgment of a court of competent jurisdiction,such invalidation of such section,clause
or provision shall not invalidate the remaining portions hereof,and such remaining
portions shall remain in full force and effect for the duration of this Memorandum of
Understanding.
56.3 Personnel Management Regulations. Where a specific provision contained in a
section of this Memorandum of Understanding conflicts with a specific provision contained
in a section of the Personnel Management Regulations,the provision of this Memorandum
of Understnuding shall prevail. Those provisions of the Personnel Management
Regulations within the scope of representation which are not in conflict with the
provisions of(his Memorandum of Understanding and those provisions of lite Personnel
Management Regulations which are not within the scope of representation and as such
remnin in full force and effect.
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56.4 Duration of Agreement. This Agreement shall continue in full force and effect
from January 1, 1992 to and including December 31, 1993. 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 termination date of its
intention to amend, modify, or terminate the Agreement.
Date: Z'lb�f
CONTRA COSTA COUN'T'Y CALIFORNIA
/NURSESS ASSOCIATION
1 `1 Peggy Graham, Director- E&GW
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ATTACHMI NT A
Contra Personnel Department
Costa ; �� Third Floor,Administration Bldg.
rv^vJl 651 Pine Street
County Martinez.California 945531292
(415)646-4064
K.ry o.ci..nrn.n
February 15, 1990 Dkwo.of Pe—no
Stephanie Brown-Fehm
California Nurses Association
1100 - llth Street, 1200
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: Vy'ar.r c \9 4o
CONTRA COSTA COUNTY CALiFOP4IA NURSES ASSOCIATION
/O.
A 1.c
Bill Hamilton, Chief Stephanie Brown-Fehm,
Employer-Employee Relations Labor Representative
Ipmc1
IN1 IRNATIONAI. PERSONNEL MANAGFMENT ASSOCIATION MEMBER
E 1-Icaalfh�nn�oc 1 1a�arimun�
A']I/%(:]:'I ;.'f G
July 1, 1992
Cecilia Wavrick
California Nurses Association
7700 Edgewater #527
Oakland, CA 94621
RE: PERMANENT INTERMITTENT AND PERMANENT PART-TIME REGISTERED
NURSES
Dear Ms. Wavrick:
This is to confirm agreement reached regarding increases in
hours for Registered Nurses. Permanent intermittent and
permanent part-time employees of the Hospital and Clinics
division in the class of Registered Nurse who wish to have the
hours of their positions increased up to a maximum of full-time
must so request in writing during a thirty (30) day period
beginning July 1, 1992.
Hospital and Clinic Administration will evaluate those requests
within thirty (30) days of their receipt by considering the
actual work hours of the employee over the past six months and
the anticipated need for their assignment on an increased basis.
Those which are approved will be submitted for consideration by
the County as a P-300 request within an additional sixty (60)
days.
Permanent intermittent and permanent part-time Registered Nurses
in the liospital and Clinic Division who du not submit a request
to have the hours of their position increased up to a maximum of
full-time within the thirty (30) day period beginning July 1,
1992 or whose requests are denied, may submit such a request
during the month of January 1993. Those requests will be
evaluated under the same criteria as requests submitted during
the fixst window period.
A410 11:.•A 11
Cecilia Wavrick
July 1, 1992
Page 2
if this conforms to your understanding, please indicate your
agreement by signing in the space provided below.
Sincerely,
-6 --Zo" ".-----
Lois Ellison, Health Services Personnel Officer
Cecilia Wavrick, Labor Representative, CNA
LE:mk