HomeMy WebLinkAboutMINUTES - 05181993 - 1.5 (2) v
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HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Richard J. Martinez, Acting Executive Director
DATE• May 18, 1993
SUBJECT: COST OF LIVING INCREASE FOR HOUSING AUTHORITY EMPLOYEES
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
ADOPT Resolution No. 3678 establishing salary levels for exempt employees of
the Housing Authority of the County of Contra Costa for fiscal year 1992-93, and
ADOPT Resolution No. 3679 approving the Memorandum of Understanding with Public
Employees Union; Local No. l establishing the 1992-93 salary levels for Housing
Authority clerical and maintenance employees represented by Local No.- 1. _._ . ...-
II. FINANCIAL IMPACT:
Sufficient funds for a three percent (3%) cost of living increase, effective
July 1, 1992 were built into the 1992-93 Operating Budget for the Housing Authority
of the County of Contra Costa, as approved by the Board of Commissioners in
Resolution No. 3626, adopted on January 28, 1992,, and as approved by the U. S.
Department of Housing and Urban Development (HUD) on March 24, 1992.
III. REASONS FOR RECOMMENDATION/BACKGROUND:
In compliance with Section 307, Part II of the Annual Contributions Contract
between the U. S. Department of Housing and Urban Development and the Housing
Authority of the County of Contra Costa, the Housing Authority has adopted a
statement of personnel policies comparable with Contra Costa County. This statement
of personnel policies includes job titles and classifications, and salary and wage
rates for administrative, management and clerical employees.
Negotiations have been completed and mutual agreement has been reached on a new
Memorandum of Understanding (MOU) between the Housing Authority of the County of
Contra Costa and Public Employees Union, Local No. 1 for Housing Authority clerical
and maintenance employees represented by that union. The new MOU is for a one-year
period, November 1, 1992 through October 31, 1993. It provides for a three percent
(3%) cost of living increase July 1, 1992.
Additionally, the contract provides that effective June 1, 1993, the $40.00 and
$50.00 per month differential shall be deleted for all employees who operate word
processing equipment, video display typewriting equipment, mini-computers with word
CONTINUED ON ATTACHMENT: YES SIGNATURE p
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON ZfAPPROVED AS RECOMMENDED _� OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT 1 TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISSONERS ON THE DATE SHOWN.
ATTESTED
PHIL BATCHELOR, CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY ✓ , DEPUTY
Board of Commissioners
Page -2-
May 18, 1993
processing software or other equipment attached to a typewriter or printer with
external storage capacity and the $40.00 or $50.00 shall be added to the salary
schedule for employees previously receiving the differential .
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect to not adopt Resolutions No. 3678 and
3679, both the unrepresented and exempt classes and the clerical and maintenance
employees represented by Public Employees Union, Local No. 1 would be denied the
cost-of-living increase to which they are entitled under HUD regulations.
Additionally, the Housing Authority would be forced to re-open negotiations with
Local No. 1.
THE BOARD OF COMMISSIONERS, HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
RESOLUTION NO. 3678
ESTABLISHING SALARY LEVELS FOR
EXEMPT EMPLOYEES J
FOR FISCAL YEAR 1992-93
The Board of Commissioners of the Housing Authority of the County
of Contra Costa RESOLVES THAT:
Salary ranges/schedules for all unrepresented and exempt
classes listed on the the document entitled "Exhibit A"
attached hereto be increased three percent (351o) effective
July 1, 1992.
Additionally, effective June 1, 1993, the $40.00 and
$50.00 per month differental shall be deleted for all
unrepresented and exempt .employees who operate
word processing equipment, video display typewriting
equipment, mini-computers with word processing
software or other equipment attached to a typewriter
or printer with external storage capacity and the
$40.00 or $50.00 shall be added to the salary schedule
for all unrepresented and exempt employees previously
receiving the differential .
PASSED ON May 18, 1593, by the following vote of the Board of Commissioners:
AYES: Commissioners Powers, Smith, Bishop, McPeak, Torlakson
NOES: None
ABSENT: None
I hereby certify that this is a tare and correct copy of
ABSTAIN• None an action taken and entered on the minutes of the
• Boar. of Supervi s on the date shown.
ATTESTED:
PHIL BATCHELOR Jerk of the Board
of Supervisors and County Administrator
Deputy
gy -
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HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
EXEMPT ADMINISTRATIVE EMPLOYEES
EXHIBIT"A"
Executive Director
Director of Housing Operations
Fiscal Director
Director of Development
Housing Rehab Officer
Housing Management Officer
Housing Development Officer
Housing Technical Officer
Housing Manager
Accounting Supervisor
Executive Secretary
Maintenance Supervisor
Occupancy/Portability Officer
Purchasing Agent
Unit Inspector
Personnel/Benefits Officer
'.S U
THE BOARD OF COMMISSIONERS, HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
RESOLUTION NO. 3679
APPROVAL OF MEMORANDUM OF UNDERSTANDING
PUBLIC EMPLOYEES UNION, LOCAL NO. 1
CLERICAL AND MAINTENANCE
WHEREAS, the Executive Director of the Housing Authority of the County
of Contra Costa has submitted a Memorandum of Understanding
entered into with Public Employees Union, Local No. land the
clerical and maintenance employees of the Housing Authority of the
County of Contra Costa, units represented by Local No. 1; and,
WHEREAS, the Memorandum of Understanding outlines compensation for the
clerical employees of the Housing Authority of the County of
Contra Costa, a unit represented by Local No. 1, during the term
of the Memorandum of Understanding:
NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding
referred to above, having been fully considered, is APPROVED and
is hereby made applicable to the clerical and maintenance
employees of the Housing Authority of the County of Contra Costa
effective July 1, 1992.
May 18, 1993
PASSED ON by the following vote of the Board of Commissioners:
AYES: Commissioners Powers, Smith, Bishop, McPeak, Torlakson
NOES: None
ABSENT: None
I hereby certify that this is a true and correct copy of
ABSTAIN• None an action taken and entered on the minutes of the
Boar-+of Supervis m the date shown.
ATTESTED: 3
PHIL BATCHELOR,dierk of the Board
of Supervisors and County Administrator
Deputy
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MEMORANDUM OF UNDERSTANDING
BETWEEN
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
AND
PUBLIC EMPLOYEES UNION, LOCAL #1
NOVEMBER 1, 1992 through OCTOBER 31, 1993
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TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CONTRA COSTA COUNTY HOUSING AUTHORITY
AND
PUBLIC EMPLOYEES UNION, LOCAL NO. 1
SECTION # DESCRIPTION PAGE
1 Recognition 1
2 Management Rights 1
3 Union Security 2
4 No Discrimination 4
5 No Strike/No Lockout Guarantee 5
6 Union Representation 5
7 Seniority 6
8 Layoff 8
9 Holidays 10
10 Vacation Leave 10
11 Paid Sick Leave 12
12 Workers' Compensation 13
13 Jury Duty Pay 14
14 Leaves of Absence Without Pay 15
15 Rest and Clean-up Periods 16
16 Restoration of Service Credits 16
17 Days and Hours of Work 16
18 Health and Safety 17
19 Miscellaneous 17
20 Wages and Classifications 18
21 Employment 19
22 Benefits and Retirement 20
23 Overtime and Shift Differential 21
24 Grievance Procedure 22
25 Disciplinary Actions 25
26 Transfers 27
27 Promotional Vacancies 28
28 Filling of Vacant Positions 29
29 Working Out Of Classification 30
30 Personnel Files 30
31 Word Processing Differential 31
32 Video Display Terminal Differential 31
33 Bilingual Pay 32
34 Evaluation 32
35 Voluntary Demotions 33
36 Clothing 33
37 Catastrophic Leave 34
38 Personnel Policies 35
39 Scope of Agreement 35
40 Savings Clause 35
41 Term 36
Salaries (Exhibit A) 37
Side Letter of Agreements 38
MEMORANDUM OF UNDERSTANDING
HOUSING AUTHORITY OF THE.COUNTY OF CONTRA COSTA
PREAMBLE
This Memorandum of Understanding is made and entered into as of the 22nd. day of
April, 1993, by and between the Housing Authority of the County of Contra Costa
(hereinafter called "Authority") and the Public Employees Union, Local 01
(hereinafter called "Local #1") .
The Authority is a public body, corporate and politic, organized and existing
under and pursuant to the laws of the State of California.
As such, the Authority must comply with all applicable laws of the United States
and the State of California, including provisions of the Meyers-Milias Brown Act,
and all administrative regulations promulgated by the Department of Housing and
Urban Development (hereinafter referred to as "HUD") , pursuant to the Annual
Contributions and Administration Contract between it and the Authority.
Section 1. Recognition
Local #1 is hereby recognized as the exclusive representative for
bargaining all employees in the job classifications hereafter set forth at
its facilities. The term "employee" as used in this Memorandum of
Understanding, unless it is clearly indicated otherwise, shall be deemed
to mean only those employees who are included in the bargaining unit
hereinafter set forth in Exhibit A of this Memorandum of Understanding.
There shall be two (2) bargaining units: Maintenance and Clerical.
Section 2. Management Rights
2.1 The Authority has the right to manage the Authority and to direct the work
force, including the determination of staffing requirements,
classifications and content of job descriptions.
2.2 The Authority has the right to establish reasonable rules and regulations.
Such rules and regulations so established shall be conspicuously posted.
2.3 All management rights and functions, except those which are clearly and
expressly abridged by this Memorandum of Understanding, shall remain
vested with the Authority.
2.4 The Authority shall have full freedom in determining the qualifications
and hiring of new employees for positions covered under this Memorandum of
Understanding.
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Section 3. Union Security
3.1 Local #1 agrees that it has a duty to provide fair and non-discriminatory
representation to all employees in all classes in the unit for which this
section is applicable regardless of whether they are members of Local #1.
3.2 All employees employed in a representation unit on or after the effective
date of this Memorandum of Understanding and continuing until the
termination of the Memorandum of Understanding"shall as a condition of
employment either:
1) Become and remain a member of•Local #1; or
2) Pay to Local #1 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 Local #1 to determine an agency shop fee which
meets the above criteria; or
3) Do both of the following:
a. Execute a written declaration that the employee is a member of
a bonafide religion, body, or sect which has historically had
a conscientious objection to joining or financially supporting
any public employee organization as a condition of employment;
and
b. Pay a sum equal to the agency shop fee described in Section
3.2.2 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.
4) Local #1 shall provide the Housing Authority with a copy of Local
#1's "Hudson Procedure" for the determination and protest of its agency
shop fees. The Housing Authority shall provide a copy of Local #1's
"Hudson Procedure" to every employee hired into a class represented by
Local #1 after the effective date of this Memorandum of Understanding.
Local #1 shall provide a copy of said "Hudson Procedure" to every fee
payer covered by this Memorandum of Understanding within one (1) month
from the date it is approved and annually thereafter, and also as a
condition to any change in the agency shop fee. " Failure by an employee to
invoke Local #1's Hudson Procedure within one (1) month after actual
notice of the Hudson Procedure shall be a waiver by the employee of
333his/her right to contest the amount. of the agency shop fee.
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5) Local #1 shall provide the Housing Authority with copies of a
financial report patterned after Form LM-2 pursuant to the Labor
Management Disclosure Act of 1959. Such report shall be available to the
employees in the unit. Failure to file such a report not later than June
1 of each calendar year (or by mutual agreement, the filing period may be
extended an additional one hundred twenty (120) days) shall result .in the
termination of all agency fee deductions without jeopardy to any employee,
until said-report is filed.
6) Compliance
a. An employee employed in or hired into a job class represented
by Local #1 shall be provided with an "Employee Authorization
for Payroll Deduction" card by the Housing Authority.
b. If the form authorizing payroll deduction is not. returned
within thirty (30) calendar days after notice of this agency
shop fee provision and Local #1's "Hudson Procedure," and the
Local #1 dues, agency shop fee, initiation fee or charitable
contribution required under Section 3.2.3 are not received,
and the employee has not timely invoked Local #1's "Hudson
Procedure," or if invoked, the employee's "Hudson Procedure"
rights have been exhausted, Local #1 may, in writing, direct
that the Housing Authority 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 Housing Authority shall
remit said amount to Local #1.
7) Local #1 shall indemnify, defend, and save the Housing Authority
harmless against any and all claims, demands, suits, orders or
judgements, or other forms of liability that arise out of or by
reason of this Local #1 security section, or action taken or not
taken by the Housing Authority under this Section. This includes,
but is not limited to, the Housing Authority's Attorneys' fees and
costs. The provisions of this subsection shall not be subject to
the grievance procedure.
8) The Housing Authority shall monthly furnish a list of all new hires
within the bargaining unit to Local #1.
9) In the event that employees in a bargaining unit represented by
Local #1 vote to rescind "Agency Shop", the provisions of Sections
3.3 and 3.4 shall apply to dues-paying members of Local #1.
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3.3 Maintenance of Membership
All employees represented by. Local 11 who are currently paying dues to
Local 01 and all employees in that unit who hereafter become members of
Local #1 shall as a condition of continued employment pay dues to Local #1
for the duration of this Memorandum of Understanding and each year
thereafter so long as Local #1 continues to represent the class to which
the employee is assigned.
3.4 Withdrawal of Membership
By notifying the Housing Authority in writing between October 1, 1993 and
October 31, 1993, any employee assigned to a classification represented by
Local #1 may discontinue paying membership dues as of the payroll period
commencing November 1, 1993, and in lieu of such dues, shall pay fee's in
accordance with Section 3.2 above.
Section 4. Discrimination
4.1 There shall be no discrimination because of race, creed, color, national
origin, sex or Local #1 activities against any employee of the Employer or
by anyone employed by the Authority; 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.
4.2 Local #1 and the Authority agree .to cooperate in pursuing the Authority's
policy and plan of affirmative action as required and approved by HUD.
4.3 The Authority does not tolerate sexual harassment of employees at the
workplace or in any work-related situation. Sexual harassment is defined
as follows•
Unwelcome sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature when:
Submission to or rejection of such conduct is used as the basis for
employment decisions affecting the individual, or
Such conduct unreasonably interferes with an individual's work performance
or creates an intimidating, hostile or offensive working environment.
All employees are required to comply with this policy. Should any
employee learn of or be advised of a possible infraction of this policy,
he/she should immediately report the incident to the Affirmative Action
Officer.
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An employee who witnesses or feels that he or she has been the object of
sexual harassment shquld notify his or her supervisor or the Affirmative
Action Officer. The Authority will investigate all reports of sexual
harassment and will take appropriate remedial action. The Authority
considers sexual harassment a serious offense, and any employee who is
reasonably believed to have violated this policy may be subject to
discipline, up to and including termination.
Section 5. No Strike and No Lockout Guarantee
5.1 No Strike
Local #1 and its officials will not, directly or indirectly, take part in
any action or strike against the operation of the Authority during the
term of this Memorandum of Understanding.
5.2 No Lockout
The Authority shall not conduct a lockout of its employees during the term
of this Memorandum of Understanding.
5.3 In the event an unauthorized work stoppage occurs, Local #1 shall, as soon
as possible and after written notification by the Authority, post notice
at the facilities that such action is unauthorized and promptly take steps
to return its members to work.
Section 6. Union Representation
6.1 The Employer recognizes and agrees to deal with the accredited Union
Stewards and Representatives of Local #1 in all matters relating to
grievances and the interpretation of this Memorandum of Understanding.
6.2 Shop Stewards
Local #1 may designate three (3) Shop Stewards for each unit. A Steward
shall be allowed reasonable time to investigate a specified grievance,
provided it is in his/her assigned work area, to attend meetings with
management representatives, to be present at hearings where matters within
the scope of representation are being considered and at such other times
as may be authorized by the Authority. Such authorization is subject to
prior notification and approval of the immediate supervisor. Supervisors
shall not deny Stewards a reasonable time except under extraordinary
circumstances and in no case shall denial be arbitrary or capricious.
6.3 Union Access
Local #1 representatives shall have access to all employees in the unit on
an individual basis during working hours. Representatives of Local 11
shall be permitted to enter the premises of the Employer in which Local #1
has members at any time during regular working hours to conduct business
pertaining to the scope of representation without interference with or
interruption of the work effort.
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6.4 The Employer agrees that upon appropriate request from Local 01
designating the employee(s) and the date(s), the Employer will grant up to
a maximum of three (3) days' authorized leave with pay annually for the
represented unit as a whole. At least two (2) weeksnotice shall be
given by Local #1 and work schedules must not be unduly interrupted.
6.5 Use of In-House Mailing.
Employees designated as Sbop Stewards or 'official representatives-of Local
11 shall be granted the use of the Employer's in-house mailing for Local
#1 business.
6.6 Bulletin Boards
The employer shall provide Local #1 with space on bulletin boards in areas
where Local 1 has employees it represents for the purpose of posting
non-controversial Local 11 notices. Such-notices may be -posted by the
Steward, although not limited to the following.notices, they may include:
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1) Recreational and social events of Local#1
2) Local #1 meetings
3) Local #1 elections, appointments
4) Results of Local #1 elections
5) other matters relating to the scope of representation
In the event a dispute arises concerning the appropriateness of material
posted, the Business Representative of Local #1 will be advised by the
i Executive Director of the nature of the dispute and the notices will be
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removed from the bulletin boards until the dispute is resolved.
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Section 7. Seniority
7.1 Seniority is defined as the permanent date of hire and/or authorized .
absence as provided for in this Memorandum of Understanding. Seniority
shall not accrue during periods of leave without pay after an absence of
six (6) months. Employees hired prior to the date of this• Memorandum of
Understanding shall retain the seniority date of record on the date of
this Memorandum of Understanding.
7.2 All new employees hired shall serve a six (6) month probationary period.
The probationary period shall commence on the date of hire and conclude
exactly six (6) months later. If this date occurs on a Saturday or
Sunday, the probation period shall end on the preceding Friday.
7.3 The employee may be released from employment at any time during the
probationary period with or without cause and. without advance notice and
without right of appeal or hearing. All probationary employees shall
receive written performance evaluations at the end of the first three (3)
months of employment and the first six (6) months of employment. If
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7.9 The Authority may determine the required qualifications of employees for
the purpose of promotions, demotions, employment of new employees and in
the staffing of new projects or offices. In determining the employee's
qualifications to meet the requirements, the Authority will take into
consideration:
a) The employee's knowledge of the duties to be performed and the
equipment to be used,
b) The employee's performance in his/her current assignment or
employment,
C) His/Her training, ability and experience, if- any, in similar lines
of work, and:
An employee newly promoted to a higher paid classification, as shown in
Exhibit "A", shall be given a trial period of ninety (90) days to prove
his/her ability to perform the higher assignment to the satisfaction of
the Authority. During the trial period, the Authority shall review with
the employee his/her job performance at least once after forty-five (45)
days.
Employees shall lose their seniority for the following reasons:
a) Discharge for just cause.
b) Resignation.
C) Failure to return to work when called from layoff, upon receipt of
Certified U. S. Mail mailed to the employee's last known address,
and recalled employee shall have (10) days to respond after mailing
of notice.
d) Failure to return to work after expiration of a formal
leave of absence.
e) Retirement. .
f) Layoff for a continuous period of one (1) year or term of
employment, whichever is longer:
Section 8. Layoff
8.1 Permanent employee unit members affected by layoff shall be given no less
than 30 calendar days written notice of such action.
8.2 When one (1) or more employees performing in the same classification are
to be laid off for. lack of work, reorganization, or lack of funds, the
order of layoff shall be as follows:
1) All temporary employees.
2) All probationary employees.
3) All permanent employees in the inverse order of their
seniority.
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either evaluation shows less than satisfactory performance, the rater
shall comment in writing on those specific matters raised. The rater
shall inform the employee in writing what improvements should be made to
reach a satisfactory level of performance in order to insure permanent
status.
7.4 Probationary employees shall be .granted access to the grievance procedures
except for probationary releases.
7.5 Any- employee who has been on temporary status for six (6) months and is
then appointed to permanent status into same class shall not be required
to serve a probationary period, but shall receive all employee benefits
effective the date of this permanent appointment..
7.6 If a temporaryemployee is appointed from temporary to permanent status in
i the same class and. this temporary status was less than six (6) months, the
employee must finish out the six (6) month probationary period from the
first date of employment.
7.7 Employees transferred or promoted to other positions within the Authority,
but outside the jurisdiction of this Memorandum of Understanding, will
retain, but not accrue, their seniority in the event of subsequent
transfer back to a position covered by this Memorandum of Understanding.
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7.8 The Authority shall prepare and maintain a seniority list which shall show
the names, classification title, seniority unit, and seniority date of
hire of all employees excluding management. Local #1 shall be given two
(2) copies of the list within thirty (30) calendar days after the date of
this Memorandum of Understanding, and thereafter a current list upon
request.
A copy of this seniority unit list, including the same information, shall
be posted on each employee bulletin board. This list shall be available
for inspection by the employee and his/her Steward.
In the event that 2 or more employees have the same seniority date (hire
date) and an incident arises which requires a seniority decision affecting
those employees, the respective seniority of such employees shall be
determined on an incident by incident basis.
For each incident, the names of affected employees will be placed in a
lot, from which one name will be drawn by management in the presence of
affected employees. The affected employee whose name is drawn will be
deemed to have seniority rights over the other affected employees for this
incident only, and any remaining ties shall be resolved by repeating the
process.
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4) Employees affected in (3) above will be allowed to accept demotion
to a lower classification if they have previously held that lower
classification for a period of at least six (6) months,. or can meet
the qualifications for the entry level position in any seniority
unit, and have seniority over an incumbent in that position or the
position is vacant.
8.3 Employees "bumped" by the foregoing will, for purposes of this Section, be
treated as notified of layoff and the same rights will apply.
The employee may continue to bump into successive lower classes in which
he/she has served and for which he/she is qualified to avoid layoff.
Employees accepting demotion to a classification paid at a lower salary
range will have their salaries adjusted so that they occupy the same step
in the new lower range as they did in their previous range.
An employee may elect to be laid off in lieu of bumping. Accepting such
layoff does not affect the employee's reemployment rights under this
Memorandum of Understanding.
Seniority for permanent part-time employees shall be determined by
converting the employee's total hours to a full-time equivalency.
An employee may elect to job share in lieu of layoff. Local 1 and the
Employer will meet and confer in regard to implementing a job-sharing
program.
Employees "bumped" and/or demoted as a result of a reorganization not
associated with lack of work or lack of funds situation shall maintain
his/her present salary and shiil not receive any additional compensation
until the salary of the lower position he/she is filling is equal to
his/her salary. This procedure is known as "Y" rating.
8.4 The names of employees laid off shall be entered upon a reemployment list
in the inverse order that they were laid off and a copy submitted to Local
1. The person ranking highest on the reemployment list for a particular
classification shall be offered the appointment when a permanent or
permanent part-time or temporary vacancy exists in that classification
prior to public advertising.
8.5 When an employee was initially employed in an identifiable entry level
position within an existing specific family grouping of classifications,
that employee shall retain seniority for that entry level position even
though the position has been reclassified and/or the title changed,
provided the employee meets minimum qualifications required for the entry
level position.
8.6 Employees who are laid off may fill any vacant position for which they
meet the minimum qualifications. Such an employee shall have preference
over outside applicants.
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Section 9. Holidays
9.1 The following holidays shall be observed with pay for full-time and
permanent part-time employees:
New Year's Day January 1
Martin Luther Ring Jr. Day 3rd .Monday in January.
Presidents Day 3rd Monday in February
Memorial Day -Last Monday in May
Independence .Day July 4
Labor Day First Monday in September
Veterans Day November 11
Thanksgiving Day 4th Thursday in November-
Day after Thanksgiving Friday following Thanksgiving
Christmas Day December �25
Every day declared by the governing body, by resolution, to be"a holiday.
Employees shall be credited with two (2) hours per month for each•month of
employment to be used as floating holiday time. Employees shall be
allowed to use such time in increments of no less than one (1) hour. On
separation from Authority service, an employee shall be paid for any
unused floating holiday time at the employee's current pay rate.
9.2 Local #1 and the Employer agree that by mutual consent any of the above
holidays can be observed on a date other than listed in Section 9.1.
9.3 When. a holiday falls on a Sunday, the Monday following shall be observed
as the holiday. When a holiday falls on a Saturday, the preceding Friday
will be observed as the holiday.
9.4 If a legal holiday as set forth in Section 9.1 falls on a workday for a
full-time employee on an irregular workweek, such employee will be
entitled to the holiday. However, if a holiday falls on one of his/her
days off, the employee will be entitled to a day off and will observe the
holiday on the last workday before the holiday or first workday after the
holiday.
9.5 Employees who work on a holiday shall be paid one and one-half (1-1/2)
times their regular rate for all hours worked in addition to their earned
holiday payment.
Section 10. Vacation Leave
10.1 Vacation Allowance
Employees in permanent positions are entitled to vacation with pay.
Accrual is based upon straight-time hours of working time per calendar
month of service and begins on the date of appointment to a permanent
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position. Increased accruals begin on the first of the month following
the month in which the employee qualifies. Accrual for portions of a
month shall be in minimum amounts of one (1) hour calculated on the same
basis as for partial month compensation. Vacation credits may not be
taken during the first six (6) months of employment except where sick
leave has been exhausted; .and none shall be allowed in excess of actual
accrual at the time vacation is taken.
10.2 Vacation Accrual Rates
Employees' vacation credits accrue and the maximum accumulation thereof is
as follows:
All permanent employees employed under the terms of this Memorandum of
Understanding shall be entitled to vacation pay subject to the following
schedule:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
10.3 No employee who has been granted a. leave without pay or unpaid military
leave shall accrue any vacation credit during the time of such leave, nor
shall an employee who is absent without pay accrue vacation credit during
the absence.
10.4 Vacation Allowance for Separated Employees
On separation from Authority service, an employee shall be paid for any
unused vacation credits at the employee's then current pay rate.
10.5 Scheduling of Vacations
In February of each year a yearly vacation schedule shall be drawn up for
that year scheduling vacations on a departmental or project basis.
The vacation period shall be taken at a time mutually agreeable to the
Employer and the employee and on a seniority basis within the department
or project to which the employee is regularly assigned.
10.6 Employees may elect to receive vacation pay off equal to 1/2 of his/her
annual vacation accrual. The employee may utilize the vacation payoff
option 2 times each calendar year. In no event shall an employee be paid
in excess of 1/2 of the annual accrual.
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In order to be eligible for the above payoff the employee must have
accrued the amount of leave requested at the time of payoff. annual leave
balances will be reduced by the number of hours purchased.
Section 11. Paid Sick Leave
11.1 Commencing withthe second calendar month "of employment, all full-time
permanent employees shall accumulate sick leave credit from the first day
of employment on the basis of eight (8) hours per month.
11.2 Sick leave credit earned but not used may be carried from year to year and
upon retirement, may be applied to longevity in the County Retirement
Plan.
11.3 Earned sick leave pay shall .be granted only in cases of illness or
accident of the employee or of the immediate family. (Immediate family is
defined as spouse, son, daughter, or stepchildren within the employee's
household, father, mother, brother, sister, grandparents, grandchildren,
father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law,
sister-in-law or stepparents of an employee. ) A doctor's certificate or
other reasonable proof of illness may be required by the management for
probable cause and may be subject to verification by the Authority.
11.4 For the purpose of this Section, full pay shall mean pay for the regular
daily schedule of working hours for those days which the employee would
have worked had the disability not occurred, calculated at the employee's
straight-time rate.
11.5 The amount of sick pay allowance payable shall be reduced by any temporary
disability benefits or indemnity that the employee may become entitled to
under or by virtue of any federal, state or other statutory disability
benefits. The sum of the two payments will equal full sick allowance.
Benefits derived from temporary disability will be used to repurchase, on
an hourly basis, charges against sick leave.
11.6 An employee may use paid sick leave credits in cases of illness or injury
to an immediate family member living in the employee's home if there is a
real need for someone to render care and no one else is available
therefor, and if alternate arrangements for the care of the ill or injured
person are immediately undertaken, to be approved by the Executive
Director or his designee. Up to thirty-two (32) hours per year of
accumulated sick leave may be used by employees for pre-scheduled medical .
and dental appointments of members of the employee's immediate family (as
defined in Section 11.3) . Sick leave shall be charged in one-half (1j2)
hour increments.
11.7 Employees may, upon request, be paid for unused sick leave to a maximum of
forty (40) hours under the following conditions:
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a.) The employee must have a minimum balance of 200 hours of sick leave
on November 1st of the year preceding payment.
b.) The maximum amount of sick leave that can be used during the payment
year is 56 hours.
c.) If an employee uses over 56 hours of sick leave during the year,
he/she is ineligible for payment in that year.
d.) The maximum payment of unused sick leave credits for the year-is 40
hours. An employee must notify the Fiscal Department by November
5th of the payment year of his/her intent to receive payment.
e. ) All unused sick leave credits as of November 1st of the payment year
are accrued to the employee's sick leave account.
f.) Sick leave credits are reduced by the number of hours for which
he/she is being paid up to a maximum of 40 hours.
g. ) Employees eligible for receiving payment of unused sick leave
credits and electing to receive said payment, will be paid on the
first payday in December of the year for which the employee
qualified for payment.
Section 12. Workers' Compensation
Employees who leave work as a result of an on-the-job injury or illness
will have the balance of that day charged to sick leave providing the time
is four (4) hours or more. If less than four (4) hours, no time will be
charged to the sick leave account. This will be considered as a last day
worked. Three (3) consecutive calendar days following the last day worked
constitutes" a waiting period before Workers' Compensation starts. The
time the employee was scheduled to work during this waiting period will be
charged to his/her leave account.
In order to qualify for Workers' Compensation, the employee must be under
the care of a physician.
Compensable temporary disability absence for the purpose of this section
is any absence due to work-connected disability which qualified for
temporary disability compensation under the Worker's Compensation Law set
forth in the California Labor Code. When any disability becomes
permanent, the salary provided in this subsection shall terminate.
Temporary compensation is payable for the first week of disability when
the injury or illness necessitates hospitalization.
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1) A permanent or permanent part-time employee shall continue to
receive his/her full regular salary, less Workers' Compensation disability
payments (integrated funds) during any period of compensable temporary
disability absence, not to exceed six (6) months from the start of
temporary disability.
2) The employee shall notify the Fiscal Department of all payments
received by,-him/her from the State Compensation Insurance Fund.
3) No charge or accruals will be 'made to leave accounts while the
employee is receiving temporary disability benefits.
4) Whenever an employee who has been injured on the ' job and has
returned to work is required by an attending physician to leave work for
treatment during working hours, the employee shall be allowed.time off up
to three (3) hours for such treatment without loss of pay 'or benefits.
This provision applies only to injuries that have been accepted by the
Housing Authority as job-connected injuries.
Section 13. Jury Duty Pay
13.1 The Employer agrees to pay a full eight (8) hours' pay at the
straight-time hourly rate for each day a .full-time employee is required to
serve, and does serve, on any jury and/or for any day on which an employee
is required to report and does report for examination as to his/her
fitness for jury duty, provided the employee is scheduled to work on the
days involved. The employee, however, will be required to turn in to the
Employer the jury duty fee (excluding mileage allowances and meal
expenses) . Before court leave is granted, the employee°must submit a copy
of the official summons to his/her immediate supervisor prior to the
beginning date of such duty or service. Any time worked on a jury will be
included as part of the eight (8) hours' jury duty pay. The Employer
agrees to pay, less any fees received for jury services for a full eight
(8) hours' pay at the straight-time hourly rate for each day a full-time
employee is ordered to appear as a witness in court, other than as a civil
.litigant or defendant in a criminal trial, or to respond to an official
order from a governmental jurisdiction for reasons not brought about
through the connivance or misconduct of the employee.
If an employee is subpoenaed to appear as a witness in a case on behalf of
the Employer on his/her day off, said employee shall receive pay at the
straight-time rate for the hours actually involved in attendance at court
plus reasonable hours for travel time to and from court.
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Section 14. Leaves of Absence Without Pay
14.1 Upon written request, a Leave of Absence without pay may be granted to any
permanent employee with at least one (1) year of service for a period not
to exceed six (6) months, with prior approval of the Executive Director or
designee for the following reasons. Such leave may be extended beyond six
(6) months at the sole discretion of the Executive Director:
a) Illness or disability_not. covered by paid sick leave.
b) Pregnancy (in accordance with applicable law.)
C) Education which would relate to the employee's career with the
Authority.
d) Other acceptable reasons.
14.2 Requests for Leave of Absence shall be submitted to the Executive Director
and shall state specifically the reason for the request, the date when it
is desired to begin and the probable date of return.
14.3 The Executive Director may assign employees on a temporary basis to
perform the duties of an employee who is on a Leave of Absence. Upon the
expiration of the leave of absence, the returning employee shall be
reinstated to his/her former position and location at the same
classification and pay provided that such a position exists and any
employee who was temporarily assigned to that position shall revert to
his/her former classification and location. If no comparable position
exists when the employee returns from Leave of Absence, he/she may "bump"
in accordance with Section 8 of this Memorandum of Understanding.
14.4 Employees may not accrue annual or sick leave while on Leave of Absence
without pay; however, employees returning to work following a Leave of
Absence without pay shall retain their accumulated sick leave, vacation,
and holiday leave accrual. All accumulated annual leave shall be used
prior to being granted Leave of Absence without pay.
14.5 All premiums required under the Authority's health and welfare program
must be paid by the employee while on Leave of Absence if health and
welfare benefits are to continue for said employee.
14.6 For an employee granted a Leave of Absence for medical reasons, the
Authority may request said employee to complete satisfactorily an
employment health examination, at the expense of the Authority, before
return to active employment.
14.7 Bereavement Leave
The Authority agrees that it will grant to all employees, upon
notification of the employee's supervisor, leave for up to five (5) days
with pay at his/her regular rate for the purpose of arranging for, and/or
attending the funeral in the event of a death in the immediate family of
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such employee. It is understood that "immediate family" shall mean
spouse, father, mother, son, daughter, brother, sister, grandparents, and
in-laws of the employee, step parents or step children, or any relative or
dependent grandchild, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, ' sister-in-law, stepparents or
stepchildren or any relative or dependent residing in the home of the
employee at the time of death. The Employer may require that the employee
provide proof of death and/or relationship of the deceased.
Upon the approval of the Executive Director, accrued sick leave may be
used to attend the funeral of friends and distant relatives.
Leave in excess of five (5) days will be charged to the employee's
accumulated sick leave or annual .leave account, or approved leave without
pay-
Section 15. Rest and Clean-up Periods
15.1 All employees shall be granted and take a rest period of fifteen (15)
minutes during each half shift or four (4) hours of work. The rest
periods shall be paid at the employee's prevailing rate.
15.2 Maintenance employees and other employees, working in messy or dirty
areas, shall be allowed ten (10) minutes immediately prior to the end .of
each half of any shift for the purpose of personal clean up. Those ten
(10) minutes shall be paid at the employee's prevailing rate.
15.3 When overtime is worked, employees shall have a rest period of fifteen
(15) minutes at the end of their regular shift and one every two (2) hours
thereafter.
Section 16. Restoration of Service Credits
16.1 A separated employee in good standing who returns to active employment
with the Employer within two (2) years from date of separation shall have
service credits which were accrued and unused prior to his/her separation
restored for purposes of:
a) Vacation eligibility but not vacation scheduling
b) Sick leave eligibility
C) Service awards
When the separation was due to involuntary layoff, the above shall apply
provided the employee returns within his/her eligibility period.
Section 17. Days and Hours of Work
17.1 The normal work schedule for full-time employees shall be eight (8) hours
per day, Monday through Friday, during the hours of 8:00 A.M. to 4:30 P.M.
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•F 1
17.2 A variable work schedule may be authorized by the Executive Director for
an individual employee or for .a work site. The Employer agrees to meet
and discuss possible variable work schedules upon the request of an
employee and/or Local 01.
17.3 Each employee shall have an unpaid, duty-free lunch break of thirty (30)
minutes.
17.4 Any employee who is called back to duty shall be paid time and one-half
for the actual time worked. Such employee called back shall be paid a
minimum of two (2) hours at the appropriate rate for each call back.-
Section 18. Health and Safety
18.1 The Authority shall make reasonable provisions to insure the safety and
health of each employee during the hours of their employment. Employees
shall be required to use all safety clothing and protective devices which
will be made available by the Authority and shall also be required to
observe safety rules promulgated for their protection. Each employee
shall be expected to immediately report any unsafe practice or condition
of which they are aware to their supervisor.
18.2 Safety goggles or shields, respirators and other safety equipment shall be
furnished by the Authority and used by employees where required by state
or federal safety standards and laws.
18.3 •Gloves, rain suits, coveralls and rubber boots shall be furnished by the
Authority where it is deemed necessary by the Authority for protection of
the employee or his/her clothing.
18.4 A safety committee shall be established. Said committee shall concern
itself with reviewing work procedures and submitting its recommendations
on safety standards to the Senior Safety Committee. Said committee shall
consist of two (2) representatives appointed by Local #1 and two (2)
representatives of management which shall meet monthly.
Section 19. Miscellaneous
19.1 The Authority will provide sufficient sanitary rest room facilities for
employees. Employees will be expected and required to cooperate in
maintaining sanitary facilities for their use.
19.2 Military leave will be governed by existing laws.
19.3 Employees required to drive Authority vehicles as part of their job shall
maintain while actively employed by the Authority.:.
a) A current valid California driver's license; and
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b) A driving record acceptable to the Authority's auto insurance
carrier and which will not cause the Authority to be required to pay
excessive insurance premiums.
19.4 The Housing Authority may require an employee to 'undergo a physical
examination if the Authority .has a reasonable belief that the employee's
physical condition may prevent the employee from safely and:`productively
performing his/her job. A health examination shall be conducted by a
licensed physician, qualified in industrial medicine, and said examination
may include: complete case :history, x-ray, -laboratory tests and other
pertinent medical reports and tests. - The cost for medical',rexainination
shall be paid. by the Authority. f.• ,v
Section 20. Wanes and Classifications
20.1 Salary Schedules For Maintenance+Employees _
Wages shall be paid in accordance with-.the salary schedule as set forth in
Exhibit "A" of this Memorandum of •Understanding.
The first step in each range is the minimum rate and shall normally be the
entry (hiring or promotion) rate for the classifications. The Executive
Director may approve appointment at a higher step. The second step'shall
be paid after the completion of six (6) months of satisfactory service at
the first step. The third step shall be paid at completion of twelve (12)
months of satisfactory service :of the second step.
Permanent employees temporarily transferred to Development Positions shall
maintain their permanent position and shall be entitled to permanent
employee benefits as set forth in this Memorandum of Understanding. An
employee promoted or reclassified to a higher classification shall be paid
in the new position at least five percent (5%) above the salary rate
he/she was receiving in the position from which promoted or reclassified.
20.2 Maintenance wage rates shall be established in accordance with current HUD
procedures and transmitted to the Authority, with a copy to Local #1.
20.3 Salary Schedule for Clerical Employees
All employees shall receive salaries comparable to those received in the
comparable classes of Contra Costa County. This means that the employee's
salary for a class may be equal to one or more than or less than the
comparable class in Contra Costa County on the basis of equal job
specifications or greater or lesser job specifications respectively in the
Employer's classifications. County comparability shall be agreed upon by
Local #1 and the Employer. The parties acknowledge that such salaries
must be paid in accordance with the Low-Rent Housing Handbook, 7401.2,
Chapter 3, Section I - Compensation and the Annual Contribution Contract
(ACC) , Part II Section 307 - Personnel.
The salaries for each classification shall be included as an exhibit to
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this Memorandum of Understanding.
20.4 Job Classifications
The Employer shall meet and confer with Local 01 regarding salaries,
minimum qualifications and impact on employees prior to the creation of
new job classifications or changes in current job classifications.
Section 21. Employment
21.1 Permanent Positions
Permanent positions shall be those positions authorized by the governing
board in its annual 'operating budget and designated to be filled by the
Executive Director. Only those employees who have satisfactorily
completed their probationary period may be appointed to permanent status.
21.2 Temporary Positions
Temporary positions shall be those positions authorized by the governing
board for a duration not to exceed six (6) months. Employees hired for
temporary positions shall be considered temporary employees.
21.3 Development Positions
Development positions shall be those positions authorized by the governing
board for special projects (housing development projects, modernization
projects, redevelopment projects and similar special projects) . Employees
in Development positions shall be eligible only for the following
benefits: Health and Dental Insurance, vacation, sick leave, holidays and
shall also be subject to the provisions of Section 3 of the Memorandum of
Understanding.
Development position employees may be terminated at anytime without regard
to the provisions of this Memorandum of Understanding and without right of
appeal or hearing or recourse to the grievance procedure specified herein.
Any provision of this Memorandum of Understanding which pertains to layoff
or seniority is not applicable to Development position employees.
21.4 Permanent Part-time Positions
An employee who is assigned to an authorized position and who works less
than forty (40) hours per week can be designated as a permanent part-time
employee. Such positions shall have an authorized number of hours.
Employees filling such positions shall receive benefits in accordance with
the formula followed by Contra Costa County for its permanent part-time
employees. Positions filled .by permanent part-time employees shall be
designated as X/40 positions, with X being the number of hours worked per
week.
21.5 Employees newly appointed to temporary positions or development positions
shall not be eligible for the Contra Costa County Employees, Retirement
Plan.
21.6 The pay rate for temporary employees or part-time employees shall be at
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the first step of the classification assigned to the position.
Section 22. Benefits and Retirement
22.1 The Employer agrees to maintain comparability within the County of Contra
Costa for its represented employees with respect to the provisions for
such benefits:
a) Kaiser Foundation Health Plan
b) Bridgeway
C) Delta Dental Plan
d) Contra Costa County Health Plan
e) Contra Costa County Employees' Retirement Plan
f) Life, accidental death and disability insurance
The Authority will retain direct contracts with Kaiser, Delta Dental
Service and Contra Costa County Employees' Retirement Plan for said
coverage.
22.2 Commencing with the first day. of the following month after the date of
initial employment, employees hired for permanent positions may become
participating members in those plans outlined in Section 22.1 above.
22.3 Permanent and Permanent Part-time employees who regularly work thirty (30)
hours or more per week and who are eligible for the Housing Authority's
retirement program through the Contra Costa County Employees Retirement
Association shall be eligible for tong Term Disability Insurance. Such
insurance shall be provided by the Housing Authority and shall be in
accordance with the provisions of the Personnel Policy and Procedures
relating to Long Term Disability Insurance.
22.4 With the exception of contributions to the Contra Costa County Employees
Retirement Plan the Authority shall contribute the following maximum
amounts per month on the following effective dates for the purpose of
providing the remaining benefits in this Section 22. If the maximum
amount is not sufficient to provide such benefits, any excess amount
necessary shall be paid for by the employee through payroll deduction:
Effective
1/1/93
Single Employee $202.64
Dual Coverage $366.64
Family Coverage $469.15
The Authority shall raise the Dental CAP from $1000.00 to $1500.00 as soon
as negotiated with the provider.
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Section 23. Overtime and Shift Differential
23.1 Each hour worked in excess of eight (8) hours in a day or forty (40) hours
in a week shall be paid at one and one-half (1-1/2) times the employee's
regular rate. Hours paid for but not worked shall not be considered as
time worked for the purpose of computing overtime.. (ie: -jury duty,
vacation, holiday, sick leave, bereavement leave or any other paid leave)
23.2 The Authority agrees to distribute weekend overtime hours equally whenever
practical among employees in their respective classifications and
departments on a seniority basis. Notice for weekend scheduled overtime
will be given by the end of the shift on Thursday. - .Notice for daily
scheduled overtime will be given at least one (1) hour before the end of
the employee's regular shift.
23.3 Compensatory Time
The following provisions shall apply:
1. Employees may elect to accrue compensatory time off in lieu of
overtime pay. Eligible employees must notify their Department Head or
his/her designee of their intention to accrue compensatory time off or to
receive overtime pay.
2. Compensatory time off shall be accrued at the overtime rate for
actual authorized overtime hours worked by the employee.
3. 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 (1-1/2) , (Maintenance employees shall not exceed forty (40)
hours) ) . 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, (Forty (40) hours for Maintenance
employees) 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, (Forty (40) hours for Maintenance
employees) .
4. Accrued compensatory time off shall be carried over for use in the
next fiscal year; however, as provided in 3 above, accrued compensatory
time off balances may not exceed one hundred twenty (120) hours, (Forty
(40) hours for Maintenance employees) .
S. Employees may not use more than one hundred twenty (120) hours of
compensatory time off in any fiscal year period (April 1 - March 31) ,
(Forty (40) hours for Maintenance employees) .
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6. The use of accrued compensatory time off shall be by mutual
agreement between the .Department Head of his/her 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 wither overtime payment .or compensatory time accruals as
provided for in this Section. ..This provision may, be ' waived -at' the
discretion of the:Department. Head -orchis/her-designee:-
-
7. Since employees accrue compensatory time off. at the rate of one and
one-half . (1-1/2.) hours- for:,each-: hour, of -authorized;---overtime= worked,
accrued compensatory.time balances will be paid off-accordingly whenever:
a) The employee changes status : and is no longer eligible for
compensatory time off;
b) The employee separates from Housing-Authority service;
C) The employee retires.
Section 24. Grievance Procedure
24.1 It is the intent of the parties to this Memorandum of Understanding to
anticipate and diminish causes of grievances and to settle any which
arise, informally at the lowest practicable level of supervision and as
fairly and promptly as possible. Therefore, it is agreed that there
should be time limits between the initiation of a grievance and its
occurrence, between steps of the grievance procedure and the time in which
each answer must be given. Any grievance not *initiated, or pursued by
Local #1, the aggrieved employee, or the Employer, as the case may be,
within these time limits, will be considered settled on the basis of the
last timely demand or answer by the Employer as the case may be, unless
the time is extended by agreement of both 'parties. At each step of the
grievance procedure, the Employer shall make available any record relied
upon to sustain the action which gave rise to the grievance.
24.2 Definition - Grievance
A grievance is any dispute between (a) the parties, or (b) the Employer
and an employee or employees with respect to the meaning, interpretation,
application or enforcement of this Memorandum of Understanding or any
terms or provisions thereof and the application of the Personnel Policy.
24.3 General
(a) Initial Presentation
The initial (or lowest level) presentation of a grievance shall be
to the immediate supervisor of the employee' claiming to have a
grievance, and it may be made either orally or in writing. If made
in writing, this written grievance shall comply with paragraph (b) Is
requirement for a formally presented grievance.
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(b) Formal Presentation
The formal presentation of a grievance shall be written and shall
state the circumstances over which the grievant claims to be
aggrieved, how the meaning, interpretation, application or
enforcement of this Memorandum of Understanding is affecting him/her
to his/her detriment, and the redress he/she seeks.
(c) Time Limit
Grievances must. be filed within thirty .(30). days of the incident or
occurrence about which the employee claims to have a grievance.
24.4 Procedure
(a) Step 1
The grievance shall be presented .to the immediate supervisor in
accordance with Section 24.3.. .The immediate supervisor shall have
seven (7) working days to respond. This response shall be reduced
to writing.
(b) Step 2
If the grievance is not settled at Step 1, the grievant shall
present his/her grievance to his/her Department Head. The grievant
shall have seven (7) working days from the time he/she receives the
immediate supervisor's response to grieve to Step 2. The Department
Head shall respond in writing within seven (7) working days after
hearing the grievance.
(c) Step 3
If the grievance is not settled at Step 2 above, it shall be
presented to the Executive Director or his/her designated
representative within seven (7) working days following delivery of
the Department Head's response. The grievance shall be presented
along with all pertinent written material to date, and testimony
from witnesses where required. If the grieving employee or group of
employees wishes Local #1 representation in the presentation of the
case before the Executive Director, or his/her designated
representative, such representation shall consist of not more than
two (2) representatives of Local #1. The Executive Director shall
reply to the grievance in writing to Local #11s office within ten
(10) working days of the date of presentation of the written
grievance.
(d) Step 4
A grievance which is not settled by the Executive Director may be
appealed in writing for final determination to an arbitrator. The
written notice of appeal must be filed with the Executive Director
within seven (7) days of the receipt of his/her written reply.
23
1) Arbitration
a) Selection
Within fourteen (14) days after receipt of the notice of
appeal, the Executive Director and the grievant(s) shall
proceed with the Executive Director and Local #1 trying
to select a mutually acceptable arbitrator who agrees to
serve. If the parties cannot agree, a list of five (5)
arbitrators will be drawn from the California State
Conciliation Service, American Arbitration Association,
or some other source mutually agreed upon, and each
party (beginning by lot) shall alternately strike one
name from the list until one name remains, who shall be
the arbitrator if he agrees to serve. If he will not
serve, the process shall be repeated until an arbitrator
is found. Not withstanding the above an arbitrator
shall be selected within thirty (30) days.
b) Evidence
Neither party shall be permitted to assert in the
arbitration proceedings any fact or report or written
stipulation or any evidence which has not been submitted
to the other party during the prior levels of the
grievance procedure. Should new evidence become
available, the procedure shall revert back to Step 3.
C) The Arbitration
The arbitrator shall promptly hold a hearing and shall
issue his decision not later than thirty (30) days from
the date of the close of hearing, or, if the oral
hearings have been waived, from the date the first
written statements and arguments are submitted to him by
the parties. His decision shall be in writing and shall
set forth his findings of fact, reasoning and
conclusions on the issues. It shall be submitted to the
Executive Director and to the grievant and shall be
final and binding on the parties.
2) Costs
The fees of the arbitrator (including any per diem expenses,
travel and subsistence expenses) , the cost of any hearing room
and the cost of preparing the transcript of the hearing, if
any, for the arbitrator shall be borne half by the Employer
and half by Local #1. All other costs and expenses shall be
borne. by the party incurring them.
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24.5 Copies of the decision will be furnished both parties. The arbitrator
shall have no authority to add to, delete from, or alter any provisions of
this Memorandum of Understanding, but shall limit his decision to the
scope, application and interpretation of the provisions of this Memorandum
of Understanding and shall make no decisions in violation of existing law.
In case of a grievance involving any money.claim against the Employer, no
award shall be made by the arbitrator which shall allow any alleged
accruals prior to the date when such grievance shall have been presented
to the Employer in writing, except in cases whereby the employee or�.Local
,#1, due to lack of knowledge, could not know prior to that date that there
were grounds for a claim. In such cases, retroactive claims shall be
limited to a period of sixty (60) calendar days prior. .to the date the
claim was first filed in writing. _
24.6 Time Limits
Grievances not appealed to the next higher step within the time limits as
set forth in the above procedure shall be considered settled on the basis
of the last answer and no further appeal may be made. The above time
limits may be extended by mutual written agreement.
Section 25. Disciplinary Actions
25.1 General Provisions
A permanent employee may be suspended, demoted or dismissed by the
Executive Director for cause.
25.2 Disciplinary steps to be used by the Employer are as follows:
1) Verbal reprimand
2) Written reprimand
3) Suspension
4) Demotion
5) Dismissal
The extent of the disciplinary action taken shall be commensurate with the
offense provided that the prior employment history of the employee may
also be considered pertinent. It shall be the Employer's policy to use
progressive discipline.
25.3 Causes
The causes which shall be deemed sufficient for suspension, demotion, or
dismissal of permanent employees shall include but are not limited to the
following:
1) Unauthorized Absence without leave
2) Disorderly or immoral conduct
3) Incompetency or inefficiency
4) Insubordination`
25
5) Use of alcoholic beverages or narcotics, or being under the
influence of either or both while on duty
6) Neglect of duty
7) Negligent or willful damage to the Employer's property, or waste of
the Employer's supplies or equipment
8) Willful violation of a reasonable regulation regarding duties,
conduct, or performance :of. the employee
9) Misappropriation of the Employer's funds'or property
10) Violation. of .Housing Authority policy
.11) Theft of Housing Authority or tenant property
12) Excessive tardiness
13) Falsification of forms, records or reports including time cards or
employment records
25.4 Notice of Intent
The Executive Director or designee shall give written notice (Skelly
Notice) of his intent to take disciplinary action against any involved
employee. Verbal reprimands are not subject to this procedure. Such
notice must be served on the employee in person or by certified or
registered mail prior to the disciplinary action becoming effective. The
Skelly notice must be served within thirty (30) days after the occurrence
or first knowledge of the action upon which the disciplinary action is
based and shall include:
a) Statement of the nature of the disciplinary actions
b) Effective date of the action to be date of receipt at end of work
shift
C) Statement of the cause thereof
d) Statement in ordinary language of the specific act or the omissions
upon which the cause is based
e) Statement advising the employee of his/her right to appeal from such
action and the right to representation
25.5 Skelly Hearina
After the Skelly notice has been issued, and prior to the disciplinary
action being initiated, the Executive Director shall conduct a Skelly
hearing. At this hearing, the employee and his/her representative shall
be afforded the opportunity to respond to the charges, either orally or in
writing. The Executive Director may reduce or modify the intended action
as a result of the Skelly hearing.
25.6 Subsequent to the notice of action by the Executive Director, the employee
may appeal the disciplinary order in accordance with the Grievance
Procedure of Section 24. The appeal process shall be identical to that of
the Grievance Procedure of Section 24 of this Memorandum of Understanding.
The appeal of the Executive D'irector's decision shall begin at Step 3 of
the Grievance Procedure.
26
Section 26. Transfers
26.1 Voluntary Transfers for Permanent/Permanent Part Time Positions
Prior to posting a permanent or permanent-part time position vacancy, a
voluntary transfer shall be granted by the Employer if an employee wishes
to transfer from his/her current work site to the vacant work site
provided the vacancy is within the same classification. Voluntary
transfers shall be granted in accordance with the following procedures and
such procedures shall be posted on or before December15 of each year.
Each year the newly established voluntary transfer list shall be in effect
from February 1 through January 31.
1) Between January 1 and January 20 of each year employees may submit
to the Executive Director a written statement identifying the work site(s)
in order of priority they would like to transfer to should a vacancy occur
during the following twelve. (12) months.
2) Upon receipt of the written requests the Employer shall prepare an
annual worksite transfer list based on the stated preferences of the
employees who responded.
3) An employee who is on leave or absent between January 1 and January
20 shall have the right to submit their written requests upon return to
work or have his/her shop steward submit the request for them.
4) If more than one employee lists the same work site(s) , the most
senior employee shall be given the first priority for the particular work
site(s) .
5) If an employee's request for transfer is on file for the worksite
vacancy, a non-employee shall not fill the vacancy until all employees who
. are on the transfer list have been provided an opportunity to transfer.
6) The Housing Authority shall notify all employees on the transfer
list for the site where the vacancy exists, that a vacancy exists.
Employees shall have 24 hours to consider the transfer. An employee may
decline the transfer one time only and have their name remain on the list
for that work site. If an employee declines a transfer for a second time
their name shall be removed from the list for that work site only.
7) Newly hired employees shall be eligible to submit a transfer request
immediately upon completion of probation.
8) Employees who promote into a new classification, shall be eligible to
submit a transfer request in their new classification immediately upon
completion of probation.
27
26.2 Involuntary Transfer
When an involuntary transfer is necessary because of lack of funds, lack
of work or reorganization, or as the result of an employee returning to
work following an occupational injury or illness and such employee has
been determined to be permanent and stationary, volunteers from within the
same classification shall be considered first. If there are no volunteers
the transfer shall be, based on seniority within the classification in
inverse order of seniority.
Section 27. Promotional Vacancies
27.1 Permanent and Permanent Part-Time Positions
Once the provisions of 26.1 are met, all permanent and permanent part-time
position vacancies within the bargaining unit shall be posted on a
promotional basis only. The vacant notice shall be. posted at allwork
sites on appropriate bulletin boards for seven (7) calendar days.
A Permanent/Permanent Part-Time position vacancy is defined as an opening
in a permanent or permanent part-time position which occurs as a result of
a promotion, demotion, termination or resignation of the incumbent; or
which is a newly budgeted and approved position for which there is no
incumbent.
The posting shall state:
1) The site of the vacancy
2) The number of hours regularly assigned
3) The job classification and salary range
4) The immediate supervisor
5) Minimum qualifications
6) Closing date of posting
During the posting period the vacancy shall not be permanently filled.
Any employee going on leave during the period of posting can request a
copy of the notice by providing the Employer with a self-addressed stamped
envelope.
The vacancy shall first be filled from within the applicable bargaining
unit prior to it being offered to the other bargaining unit.
27.2 Positions shall be filled after consideration of the following:
1) All the provisions of Sections 26.1, and 27.1 have been met by the
Employer.
2) All candidates shall have been ranked in order of their relative
qualifications for the job by written test, oral interview and performance
tests or any combination as called for by the Employer.
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3) The Employer shall inform Local 01 what type of test will be
administered prior to the test by mailing a copy of the announcement.
27.3 As between current employees applying for a permanent or Permanent
Part-Time Positions, where merit and qualifications are equal, preference
shall be given to the employee with the greater amount of seniority with
the Employer.
27.4 Only after all of the provisions mentioned above have been met, may the
Employer recruit individuals who are not present employees for the
position.
Section 28. Filling of Temporary Positions
28.1 Temporary positions shall be filled at the sole discretion of the
Employer. Temporary positions may be filled by the Employer for a period
not to exceed six (6) months. The Employer may elect to use any one, or
a combination, of the three (3) options listed below to fill a temporary
position.
(1) The Employer may enter into a temporary employment agreement with a
non-employee.
(2) The Employer may utilize the services of a private personnel
services agency.
(3) The Employer may assign an employee to work in a classification they
do not have status in on a temporary basis.
If the employer elects to use Option 3, volunteers shall be solicited from
the bargaining unit in accordance with Section 29.
28.2 Filling of Temporary Vacancies in Permanent Positions
Opportunities to fill temporary positions which are created as a result of
a temporary vacancy in .a permanent position within the bargaining unit
shall be offered to bargaining unit members first in accordance with
Sections 28.1(3) and 29.
Temporary vacancies shall be filled as soon as practical after the
Authority is advised as to the duration of an absence creating a temporary
vacancy.
28.3 If the bargaining unit member is re-classified to fill the temporary
vacancy in the permanent position, any subsequent position vacancies
created as a result of this re-classification shall be filled at the sole
discretion of the Employer in accordance with Section 28.1.
29
Section 29. Working Out of Classification
29.1 The Executive Director may assign employees to work in a classification
they do not have status in on a temporary basis. If the employee is
performing work in a higher classification he/she shall receive the salary
for that classification for the duration of the assignment. If ' the
employee is working in a lower classification,_ he/she- shall, be paid at
his/her present salary for the duration of the assignment.
29.2 Assignments for ten (10) working days or less may be made by the Executive
Director or his/her designee. If an assignment is -to be .for a'.-Period of
more than (10) days, volunteers shall be solicited from- the Unit. If
there is more than one volunteer, the most senior qualified employee shall
receive the temporary assignment. The employee must meet the minimum
qualifications for the position to .which 'he/she ;is-.'.to :'.be 'assigned.
Temporary assignments shall not be made for more than six (6) months. The
Employer shall not make a series 'of assignments of less than ten (10)
working days to circumvent the intent of this Section.
Section 30. Personnel Files
30.1 Access to Personnel Files
Materials in personnel files of employees which may serve as a basis for
affecting the status of their employment are to be made available for the
inspection of the employee involved.
1. Every employee shall have the right to inspect, examine, and obtain
copies of any materials in his/her employee personnel file by request to
the Executive Director or his/her designated representative.
2. Copies of all materials placed in the personnel file shall be
provided to the employee.
3. An employee shall have the right to enter his/her comments to any
and all materials in his/her personnel file.
30.2 Maintenance of Files
The personnel file of each employee shall be maintained at the Housing
Authority's central administration office. No adverse action shall be
based upon materials which are contained in the personnel file unless the
materials had been placed in the file at the time of the incident giving
rise to such materials.
30.3 Examination of Files
An employee shall have the right to any reasonable time to examine and/or
obtain copies of any material from the employee's personnel file.
1. Such review shall take place during normal business hours, and the
employee shall upon approval of his/her supervisor, be released from duty
for a reasonable time for this purpose without salary deduction.
30
2. With specific written authorization from the employee, authorized
representatives shall also have the right., at any reasonable interval
during the regular business hours of the Housing Authority, to examine
and/or obtain copies of any material from the employee's personnel file.
30.4 Confidentiality
All personnel files shall be kept in confidence and shall be available for
inspection only to other employees designated by the Executive Director
when actually necessary in the proper administration of the Housing
Authority's affairs or the supervision of the employee.
30.5 Derogatory Material
All derogatory material placed in an employee's file shall be signed and
dated by the preparer. The employee shall be notified prior to the
material being placed in the file, and shall be given the opportunity to
initial and date same. Refusal to do so shall be noted on the copy-placed
in the file.
1. All derogatory materials, other than employee evaluations, shall be
removed from the employee's personnel file and destroyed after remaining
in the file for a period of five (5) years.
Section 31. Word Processing Differential
31.1 Employees who are assigned primary responsibility for the operation of
word processing machines such as mag-card machines, minicomputers with
word processing software, video display typewriting equipment or other
equipment attached to a typewriter or printer with external storage
capacity and utilized in the transformation of words and/or ideas into
readable form shall receive a differential of $50.00 per month. This
differential shall be pro-rated for permanent part-time and
permanent-intermittent employees.
Effective with the signing of this Memorandum of Understanding the above
$50.00 differential shall be deleted from the M.O.U. and the $50.00 shall
be added to the salary schedule for clerical employees previously
receiving the differential.
Section 32. Video Display Terminal Differential
Employees who regularly utilize a video display terminal under criteria
specified below, shall receive a differential .of Forty ($40.00) dollars
per month.
Criteria for payment of the video display differential are as indicated:
1. An employee must be proficient at on-line entering, revising and/or
deleting of data. Employees who use data terminal only for information
retrieval, rather than on-line manipulation, do not qualify.
31
2. An employee must use the video display terminal at least 25% of the
time. The differential will be pro-rated for permanent part time and
employees absent without pay during a pay period.
3. An employee must be proficient at using the special function keys to
activate and use various inter-related screens.
4. An employee must have a good understanding of the department's
computerized system and understand the consequence of error if data is
improperly entered, revised or deleted.
5.Y Employees who receive the word processing differential are not
eligible to receive this differential.
Effective with the signing of this Memorandum of Understanding the above
$40.00 differential shall be deleted from the.M.O.U. and the $40.00 shall
be added to the salary schedule for clerical employees previously
receiving the differential.
Section 33. Bilingual Pay
A salary differential of Fifty Dollars ($50.00) per month shall be paid
incumbents of positions requiring bilingual proficiency as designated by
the appointing authority and Executive Director. 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 Employer. The procedure for determining competency and
qualifications for bilingual pay shall be comparable to that used by
Contra Costa County.
Section 34. Evaluation
34.1 Goal
The basic goal of the employee evaluation process is to help each employee
perform his/her present job more effectively to the mutual benefit of the
individual and the Employer.
34:2 Obiectives
a) To provide a means of evaluating each employee's performance in the
specific context of his/her job.
b) To determine individual needs for improvement and development.
C) To secure continuing communication of individual development.
d) To provide a basis for giving recognition for' praiseworthy service.
34.3 Procedure
32
1/ 4
a) The immediate supervisor has the major responsibility for the
evaluation of employees under his/her supervision.
b) Probationary employees shall be formerly evaluated after three (3)
months and again after six (6) months. Permanent employees shall be
evaluated once annually in accordance with Housing Authority policy.
C) Evaluation forms shall be maintained in the employee's personnel
file in the Central Administration office and are available for the
employee's inspection. A copy of the completed forms shall be given to
the employee.
d) Employees will have an opportunity to discuss evaluations with the
evaluator prior to the placement of the evaluation in the employee's
personnel file. Ratings reflecting below average performance shall
include specific recommendations for improvement and such ratings shall be
supported by appropriate prior documentation. The employee shall have the
right to respond in writing to an evaluation and such response shall be
attached to the evaluation and included in the personnel file.
Section 35. Voluntary Demotions
35.1 Definition
A voluntary demotion shall occur when an employee voluntarily vacates
his/her current class and fills a vacant position in a lower paying class
for which that employee meets the qualifications.
35.2 Reasons for Voluntary Demotions
An employee may take a voluntary demotion when a vacancy exists in a lower
classification and the employee desires to demote.
35.3 Procedure for Voluntary Demotions
The procedure in Section 26 (Transfers) shall be followed. Employees
seeking a voluntary demotion under these circumstances shall be considered
after employees eligible for a transfer and after employees eligible for
promotion under Section 27.
Employees seeking a voluntary demotion in accordance with the above
procedure shall not be eligible for Y-rating but shall be placed in the
lower classification at the same step level as he/she occupied in the
higher class.
Section 36. Clothing
Employees assigned to the Maintenance Classifications shall wear long
pants, shirts, and hard sole hard top shoes while
33
working. Employees may not wear tank tops, sleeveless or mesh shirts or
shirts with inappropriate language or pictures. Clothing shall not be torn
or ripped.
The Authority shall provide employees working in the Maintenance
Classifications 5 shirts with Authority Logo annually. The employee may
choose any combination of the following, not to exceed 5:
A. Long sleeve shirt
B. Short sleeve shirt
C. "T" shirt
If the employee does not choose to wear the Authority provided shirt, the
alternative shirt must be of a similar style.
Employees assigned to the Clerical Classifications shall wear appropriate
office attire (ie: skirts, dresses, long pants or skorts)
Section 37, Catastrophic Leave
Permanent employees may be eligible to receive donations of paid leave
other than sick leave, to be included in the recipient employee's sick
leave balance if she/he has suffered a catastrophic illness or injury
which is defined as a critical medical condition considered to be
terminal, a long-term major physical impairment or disability.
A. The recipient employee, recipient employee's family or other person
designated in writing by the recipient employee shall submit a
request in writing to the Executive Director or designee.
B. The recipient employee shall not be eligible so long as she/he has
paid leaves available, however, the request may be initiated prior
to the anticipated date leave balance will be exhausted.
C. A medical verification including diagnosis and prognosis shall be
provided by the recipient employee.
D. A recipient employee is eligible to receive 480 hours of donated
time per incident. Requests for exceptions to this limit may be
submitted to the Executive Director whose decision shall be final.
E. Donations shall be made in hourly increments, and are irrevocable.
The donor employee may donate vacation up to any amount so long as
the donor employee retains at least eighty (80) hours of vacation.
Sick leave may not be donated.
F. Time donated will be converted from the type of time donated to sick
34
leave and credited to the recipient employee's sick leave balance on
an hour-for-hour basis and shall be paid at the rate of pay of the
recipient employee. All sick leave provisions will apply.
G. Time donated in any pay period may be used in the following pay
periods. No retroactive donations will be permitted.
H. The determination of the employee's eligibility for Catastrophic
Sick Leave donation shall be at the Executive Director's sole
discretion and shall be final and non grievable.
Section 38. Personnel Policies
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 Policies, the provision of this Memorandum of
Understanding shall prevail. Those provisions of the Personnel Policies
which are not within the scope of representation shall be considered in
full force and effect. Those provisions of the Personnel Policies within
the scope of representation shall not be changed, amended or otherwise
invalidated without a prior meeting with Local #1.
Section 39. 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.
Section 40. Saving Clause
40.1 Should any part hereof or any provisions herein contained be rendered or
declared invalid by reason of any existing or subsequently enacted
legislation or by a decree of a court of competent jurisdiction, such
invalidation of such part or portion of this Agreement shall not
invalidate any remaining portions which shall continue in full force and
effect. Local #1 and the Employer shall, within thirty (30) days, meet
and confer regarding the affected portion of this Memorandum of
Understanding. Any modification or changes in the Memorandum of
Understanding brought about by the above meeting and conferring shall be
in writing and signed by the parties hereto.
40.2 The waiver of performance of any obligations of the Sections of the
Memorandum of Understanding by either party at any time or for any period
shall not be construed as a waiver of the right of such parties to insist
upon full performance of such obligations thereafter.
35
Section 41. Term
41.1 This Memorandum of Understanding shall terminate on October 31, 1993.
41.2 Written notice of desire to negotiate amendments as an extension of this
Memorandum of Understanding or any new Memorandum of Understanding must be
given by either party at least sixty (60) days prior to the expiration
date.
Negotiations, therefore, shall commence no less than thirty (30) days
prior to the expiration of said Memorandum of Understanding. If a notice
is given, as specified above, and complete agreement upon. modifications or
amendments to this memorandum of Understanding has not been reached by the
expiration date, it may be temporarily extended by mutual agreement.
HOUSING AUTHORITY OF THE COUNTY
OF CONTRAS COSTA
By
PUBLIC EMPLOYEES UNION, LOCAL #1
By, t By Cfi'Q�
By GO`' ` By
By By
By By
cccogsll.mou
36
EXHIBIT "A"
REPRESENTED EMPLOYEES SALARIES
Effective 7/1/92 all employees shall receive a three percent (3%)salary
adjustment and such salaries shall be as follows..
POSITION STEP 1 . STEP 2 STEP 3 STEP 4 STEP 5.
Housing Clerk * $1892 $1986 $2084 $2187 $2301
** 10.92 11.46 12.02 12.62 13.28
Junior Account Clerk $2030 $2132 $2240 $2354 $2468
11.71 12.30 12.92 13.58 14.24
Housing Assistant $2199 $2308 $2423 $2545 $2672
12.69 13.32 13.98 14.68 15.42
Senior Account Clerk $2335 $2453 $2575 $2706 $2841
13.47 14.15 14.86 15.61 16.39
Secretary II Level A $2416 $2538 $2666 $2800 $2941
13.94 14.64 15.38 16.15 16.97
Secretary II Level B $3035
17.51
Maintenance Worker $2319 $2404 $2486
13.38 13.87 14.34
Maintenance Mechanic $2717 $2864 $3009
15.68 16.52 17.36
Red Circle - MW $2673
15.42
Note: Monthly Rate
Hourly Rate **
37
EXHIBIT "B"
SIDE LETTER OF AGREEMENTS TO M.O.U.
This is to confirm the understandings reached during 'the 1992 negotiations for
a new Memorandum of Understanding. These understandings shall-be incorporated
into the Memorandum of Understanding between the parties.by this.^side,`letter.'
1. The Housing Authority will retain comparability with Contra`Costa -County
with regard to contributions to the retirement program.
2. The Housing Authority will:enact a pay equity/comparable.worth adjustment
during the term of the MOU that will reflect adjustments.made by the County
of Contra Costa.
3. The Housing Authority will provide an employee reimbursement up to $100.00
for the purchase of prescription eyewear and/or frames for employees and
dependents effective with the signing of this M.O.U. .
4. A joint Labor Management Committee shall be established to study, educate
and recommend the Authority's participation in an I.R.0 Section 125 Plan to
be effective January 1, 1994.
5. The Authority agrees to implement a "9/80" plan and shall work with
employees and management to implement such plan. It is understood that the
Authority shall maintain sole discretion as to the number and location of
employees participating in such plan. The implementation of the plan shall
be for a term of 6 months and it shall be re-evaluated at that time. The
Authority shall, at its sole discretion, determine if the plan shall
continue.
If the foregoing conforms with your understanding, please indicate your
acceptance and approval in .the space below.-
DATED:
elow:DATED: HOUSING AUTHORITY OF THE CCOMY
OF CONTRA OSTA
PUBLIC EtWLOYEES UNION, LOCAL #1
By, By a
By
By ��2t�/
By
By
By
By -
38