HomeMy WebLinkAboutMINUTES - 03011994 - 1.44 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 1, 1994 by the following vote:
AYES: Supervisors Smith, Bishop, McPeak, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT:
Approval of Memorandum of )
Understanding with the Union )
of American Physicians & Dentists ) Resolution No. 94/118
1. The County and the Union of American Physicians and Dentists (UAPD)
representing exempt medical staff physicians and dentists having negotiated
in good faith and agreed upon terms and conditions of employment for the
period October 1, 1993 through December 31, 1995; and,
2. The County Administrator having submitted a Memorandum of Understanding
dated February 18, 1994 entered into by representatives of the County, the
Health Services Department and the Physicians & Dentists Unit of UAPD for
the contract period noted above; and,
3. This Board having thoroughly considered said Memorandum of Understanding,
NOW THEREFORE:
The Contra Costa County Board of Supervisors in its capacity as governing
Board of the County of Contra Costa, and all districts of which it is the ex
officio governing Board, RESOLVES THAT:
Effective October 1, 1993 the Memorandum of Understanding,with the Union
of American Physicians and Dentists attached hereto inclusive of attachments
is adopted.
If an Ordinance(s) is required to implement any of the foregoing provisions,
the Board of Supervisors will adopt said Ordinance(s).
I hereby certify that this is a true and correct Copy of
an action taken and entered on the minutes of the
Board of Su q �Q�n the ate shown.
ATTESTED:r�®(( �� 4 —
PHIL BATCHELOR�Verk of the Board
of Supervisors and Co my Administrator
BY Deputy
Contact Person: Eileen Bitten (646-4145)
Orig. Dept: Personnel Department
cc: Auditor-Controller/Payroll
Health Services Departments
Alan Elnick, UAPD
RESOLUTION NO. 94/118
agee6creb co_ Y
S.E..L
Contra :? °F_ Personnel Department
f _i':
- WSta ,; - S Administration Bldg. I ,
x, "'"" ` = x 651 Pine Street
County
Martinez, California 94553-1292
DATE : February 15, 1994
TO: Phil Batchelor, County Administrator
Attn: Dean Lucas, Deputy County Administrator
FROM: Eileen . Bitten, Acting Director of Personnel
By: Richard Heyne, Employee Relations Manager
SUBJECT: Agenda Item for March 1, 1994 -
Adoption of MOU with Union of American
Physicians and Dentists
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Please place the attached Resolution on the Board' s Consent
calendar for review and adoption on March 1, 1994 . The Resolution
will adopt a Memorandum of Understanding between the County and the
Physician' s Unit of the Union of American Physicians and Dentists
(UAPD) which represents approximately 150 physicians and dentists
in the Health Services Department. This is the first contract with
the Physicians Unit which was previously subject only to informal
recognition. Term of the Contract is October 1, 1993 through
December 31, 1995 . Important elements of the contract include:
1 . WAGES : 10/1/93 : 3%
02/1/94 : 2%
01/1/95 : 3%
2 . INCENTIVES: 2/1/94 : 1% for stipends
1/1/95 : 1% for productivity
(distribution method to be negotiated)
3 . COMPENSATION STRUCTURE: The previous 20 step salary range,
which allowed incentive pay in the form of up to two extra
2 . 5% steps awarded for a period of one year, has been
discontinued in favor of a 15 step range which will allow all
physicians to achieve step 15 via normal anniversary date
progression. Incentive for additional special assignments and
responsibility is in the form of flat rate monthly stipends of
from $175 to $500 per month for such assignments as Registrar,
Division Head, Staff Committee Chairs, Department Head and
President of the Medical Staff .
4 . AGENCY SHOP: Agency shop provisions similar to most other
Unions has been included.
5 . BENEFITS : As a member of the County' s Labor Coalition, UAPD
has agreed to the standard health and benefit package as for
other employee groups, including the Qual-Med health plan.
cc: Lois Ellison - Health Services Personnel
L)14
MEMORANDUM OF UNDERSTANDING / 1
BETWEEN
CONTRA COSTA COUNTY
AND
UNION OF AMERICAN PHYSICIANS AND DENTISTS
This Memorandum of Understanding is entered into pursuant to the authority
contained in Division 34 of Board of,Supervisors Resolution 81/1165 and has been
jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of
Contra Costa County in employer-employee relations matters as provided in Board
of Supervisors' Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in units in which the Union is
the recognized representative, have freely exchanged information, opinions and
proposals and have endeavored to reach agreement on all matters relating to the
employment conditions and employer-employee relations covering such employees.
This Memorandum of Understanding shall be presented to the Contra Costa County
Board of Supervisors, as the governing board of the County and appropriate fire
districts, as the joint recommendations of the undersigned for salary and employee
benefit adjustments for the period commencing October 1, 1993 and ending December
31, 1995.
DEFINITIONS:
Appointing Authority: The Health Services Director unless otherwise provided by
statute or ordinance.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and
that the same descriptive title may be used to designate each position allocated to the
group.
Class Title: The designation given to a class, to each position allocated to the class,
and to the employees allocated to the class.
County: Contra Costa County.
Department Head: An assignment in which an Exempt Medical Staff Member plans,
organizes and directs the medical practice of a particular medical service, program
or clinic.
Director of Personnel: The person designated by the County Administrator to serve
as the Assistant County Administrator-Director of Personnel.
Employee: A person who is an incumbent of a position or who is on leave of absence
in accordance with provisions of this Memorandum of Understanding and whose
position is held pending his return.
Exempt: Any position which is exempt from the Merit System.
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period but on an intermittent basis, as needed, paid on
an hourly basis.
Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period but on a regularly scheduled less than full time
basis.
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Position: The assigned duties and responsibilities calling for the regular full time,
part-time or intermittent employment of a person.
Resignation: The voluntary termination of permanent employment with the County.
Temporary: Any employment which will require the services of an incumbent for a
limited period of time, paid on an hourly basis, not in an allocated positions or in
permanent status.
SECTION 1 - UNION RECOGNITION
The Union is the formally recognized employee organization for•the representation
unit listed below, and such organization has been certified as such pursuant to
Board of Supervisor's Resolution 92/830.
Contra Costa Physicians Unit
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Board of Supervisor's Resolution 81/1165, only
a majority representative may have dues deduction and as such the Union has the
exclusive privilege of dues deduction or agency fee deduction for all employees in
its units.
2.2 Agency Shop.
A. Union Responsibility. The Union agrees that it has a duty to
provide fair and non-discriminatory representation to all
employees in all classes represented by the Union regardless
of whether they are members of the Union.
B. Enrollment of New Employees. The County Personnel Department shall
monthly furnish a list of all new hires to the Union. All new employees
represented by the Union on or after the effective date of this
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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 the Union or;
2. pay to the Union, 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, and which shall not exceed
the monthly dues, initiation fees and general assessments made during
the duration of this Memorandum of Understanding. It shall be the
sole responsibility of the Union to determine an agency shop fee which
meets the above criteria; or
3. do both of the following:
a. Execute a written declaration under penalty of perjury under the
laws of the State of California that the new employee is a member
of a bona fide religion, body or sect which has historically held a
conscientious objection to joining or financially supporting any
public employee organization as a condition of employment, or that
the new employee has a bona fide religious conscientious objection
to joining or financially supporting a public employee
organization; and
b. pay a sum equal to the agency shop fee described in Section
2.2.B.2 to a non-religious, non-labor, charitable fund chosen by
the employee from the following charities: Family and Children's
Trust Fund, Child Abuse Prevention Council and Battered
Women's Alternative.
C. Options for Current Employees. All current employees represented by
the Union 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. remain a member of the Union or;
2. complete a new payroll deduction form and pay to the Union, 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, and which shall not exceed the monthly dues, initiation
fees and general assessments made during the duration of this
Memorandum of Understanding. It shall be the sole responsibility of
the Union to determine an agency shop fee which meets the above
criteria; or
3. complete a new payroll deduction form which includes a written
declaration inclusive of the written declaration under penalty of
perjury under the laws of the State of California that the new
employee is,a member of a bona fide religion, body or sect which has
historically held a 'conscientious objection to joining or financially
supporting any public employee organization or that the employee now
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has a bona fide religious conscientious objection to financially
supporting a public employee organization and pay a sum equal to the
agency shop fee described in Section 2.2.B.2 to a non-religious, non-
labor, charitable fund chosen by the employee from the following
charities: Family and Children's Trust Fund, Child Abuse Prevention
Council and Battered Women's Alternative.
D. Hudson Procedure. The Union shall provide the County with a copy of
the Union's Hudson Procedure for the determination and protest of its
agency shop fees. The Union shall provide a copy of said Hudson
Procedure to every fee payor covered by this Memorandum of
Understanding within one month from the date it is approved and annually
thereafter, and as a condition to any change in the agency shop fee.
Failure by a fee payor to invoke the Union's Hudson Procedure within one
month after actual notice of the Hudson Procedure shall be a waiver by the
employee of his or her right to contest the amount of the agency shop fee.
E. Periods of Separation. The provisions of Section 2.2.B.2 shall not apply
during periods that an employee is separated from the Physicians Unit but
shall be reinstated upon the return of the employee to the representation
unit. Separation as defined herein includes transfer out of the unit,
layoff, and leave of absence with a duration of more than thirty (30)
days.
F. Union Financial Reporting. Annually, the Union shall provide the
Director of Personnel with copies of the financial report which the Union
annually files with the California Public Employee Relations Board. Such
report shall be available to employees represented by the Union. Failure
to file such a report within sixty (60) days after the end of the Union's
fiscal year shall result in the termination of all agency shop fee deductions
without jeopardy to any employee, until said report is filed. Upon mutual
agreement, this time limit may be extended to 120 days.
G. Compliance.
1. An employee employed in or hired into a job, class represented by the
Union shall be provided with an Employee Authorization for Payroll
Deduction form by the Personnel Department.
2. If the form authorizing payroll deduction is not returned within thirty
(30) calendar days after notice of this agency shop fee provision and
the Union dues, agency shop fee, initiation fee or charitable
contribution required under Section 2.2.B.3 are not received, the
Union may, in writing, direct that the County withhold the agency
shop fee and the initiation fee from the employee's salary, in which
case the employee's monthly salary shall be reduced by an amount
equal to the agency shop fee and the County shall pay an equal
amount to the Union.
3. If an employee who is a dues-paying Union member or an agency shop
fee-payor executes a payroll deduction form to change status to that
of conscientious objector and the Union contests the validity of the
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conscientious objections, the Union may request in writing to the
Employee Relations Officer that the County hold the deduction in trust
for the designated charity pending a successful challenge by the
Union in a court of competent jurisdiction, provided however, such
funds shall be held in trust without interest for no more than one year
after the Auditor-Controller receives notices of the challenge, or until
a court decision is rendered, whichever is later. If the Union's
challenge is not upheld, the funds held in trust shall be distributed
to the designated charity. The Union may only make one such
challenge to any one employee during the term of a Memorandum of
Understanding.
4. .The Union shall indemnify, defend, and save the County harmless
against any,and all claims, demands, suits, orders, or judgments, or
other forms of liability that arise out of or by reason of this Union
Security Section (2), or action taken or not taken by the County
under this Section (2.2). This includes, but is not limited to, the
County's Attorneys' fees and costs. The provisions of this section
(2.2) shall not be subject to the grievance procedure following the
adoption of this Memorandum of Understanding by the County Board
of Supervisors.
H. Recision of Agency Shop.
1. Conditions. In the event that employees represented by the Union
vote to rescind Agency Shop, the provisions of Section H.2, and H.3
shall apply to dues-paying members of the Union.
2. Maintenance of Membership. All employees in units represented by
the Union who are currently paying dues to the Union and all
employees in such unit who hereafter become members of the Union
shall as a condition of continued employment pay dues to the Union for
the duration of this Memorandum of Understanding and each year
thereafter so long as the Union continues to represent the position to
which the employee is assigned, unless the employee has exercised the
option to cease paying dues in accordance with Sections H.3 and H.4.
3. Withdrawal of Membership. When agency shop has been rescinded, by
notifying the Auditor-Controller's Department in writing, beginning
for a period of thirty (30) days on the first day of the month following
the vote for recisions, any employee may withdraw from Union
membership and discontinue paying dues as of the payroll period
commencing on the first day of the succeeding month. Immediately
upon close of the above mentioned thirty (30) day period the Auditor-
Controller shall submit to the Union a list of the employees who have
rescinded their authorization for dues. deduction.
4. New Hires. Employees hired after recision of agency shop in
classifications assigned to units represented by the Union shall, as a
condition of employment, complete a Union dues authorization form
provided by the'Union and shall have deducted from their paychecks
the membership dues of the Union. An employee hired into the
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Physicians Unit shall have thirty (30) days from the date of hire to
decide if he or she does not want to become a member of the Union.
Such decision not to become a member of the Union must be made in
writing to the Auditor-Controller with a copy to the Employee
Relations Division. If the employee decides not to become a member
of the Union, any Union dues previously deducted from the employee's
paycheck shall be returned to the employee and said amount shall be
deducted from the next dues deduction check sent to the Union. If
the employee does not notify the County in writing of the decision not
to become a member within the thirty (30) day period, he or she shall
be deemed to have voluntarily agreed to pay the dues of the Union.
Each such dues authorization form referenced above shall include a
statement that the Union and the County have entered into a
Memorandum of Understanding, that the employee is required to
authorize payroll deductions of Union dues as a condition of
employment, and that such authorization may be revoked within the
first thirty (30) days of employment upon proper written notice by the
employee within said thirty (30) day period as set forth above. Each
such employee shall, upon completion of the authorization form,
receive a copy of said authorization form which shall be deemed proper
notice of his or her right to revoke said authorization.
2.3 Communicating With Employees. The Union shall be allowed to use designated
portions of bulletin boards or display areas in public portions of County buildings
or in public portions of offices in which there are employees represented by the
Union, provided the communications displayed have to do with official organization
business such as times and places of meetings and further provided that the
employee organization appropriately posts and removes the information. The
department head reserves the right to remove objectionable materials after
notification to and discussion with the Union.
Representatives of the Union, not on County time, shall be permitted to place a
supply of employee literature at specific locations in County buildings if arranged
through the Appointing Authority or designated representative; said repre-
sentatives may distribute employee organization literature in work areas (except
work areas not open to the public) if the nature of the literature and the proposed
method of distribution are compatible with the work environment and work in
progress.
Such placement and/or distribution shall not be performed by on duty employees.
The Union shall be allowed access to work locations in which it represents employees
for the following purposes:
a. To post literature on bulletin boards;
b. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
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d. to represent an employee on a grievance, and/or to contact a union officer on
a matter within the scope of representation;
e. to ascertain whether the terms and conditions of the Memorandum of
Understanding are being complied with.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements, including disclosure of which of the above purposes
is the reason for the visit, will be made with the departmental representative in
charge of the work area, and the visit will not interfere with County services.
2.4 Use of County Buildings. The Union shall be allowed the use of areas normally
used for meeting purposes for meetings of County employees except during the hours
of 8:00 a.m. and 5:00 p.m. , Monday through Friday when:
a. Such space is available;
b. there is no additional cost to the County;
c. it does not interfere with normal County operations, nor interfere with
employee's work responsibility.
d. the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Union shall maintain proper order at the meeting, and
see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly
prohibited, even though it may be present in the meeting area.
2.6 Advance Notice. The Union shall, except in cases of emergency, have the
right to reasonable notice of any ordinance, rule, resolution or regulation directly
relating to matters within the scope of representation proposed to be adopted by the
Board, or boards and commissions appointed by the Board, and to meet with the
body considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal at
least seventy-two (72) hours before the item will be heard, or the delivery of a copy
of the proposal at least twenty-four (24) hours before the item will be heard, shall
constitute notice.
In cases of emergency when the Board, or boards and commissions appointed by the
Board, determines it must act immediately without such notice or meeting, it shall
give notice and opportunity to meet as soon as practical after its action.
2.7 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification represented by the Union,
that the employee's classification is represented by the Union and the name of a
representative of the Union. The County will provide the employee with a packet of
information which has been supplied by the Union and approved by the County.
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2.8 Assignment of Classes to Bargaining Units. The County shall assign new
classes in accordance with the following procedure:
a. Initial Determination. When a new class title is established, the Employee
Relations Officer shall review the composition of existing representation units
to determine the appropriateness of including some or all of the employees in
the new class in one or more existing representation units, and within a
reasonable period of time shall notify all recognized employee organizations of
his determination.
b. Final Determination. His determination is final unless within ten (10) days
after notification a recognized employee organization requests in writing to
meet and confer thereon.
C. Meet and Confer and other Steps. He shall meet and confer with such
requesting organizations (and with other recognized employee organizations
where appropriate) to seek agreement on this matter within sixty (60) days
after the ten (10) day period in Subsection b, unless otherwise mutually
agreed. Thereafter, the procedures in cases of disagreement, arbitration
referral and expenses, and criteria for determination shall conform to Board
of Supervisor's Resolution 81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of sex, race, creed, color, national origin,
sexual orientation or union activities against any employee or applicant for
employment by the County or by anyone employed by the County; and to the extent
prohibited by applicable State and Federal law there shall be no discrimination
because of age. There shall be no discrimination against any disabled person solely
because of such disability unless that disability prevents the person from carrying
out the essential functions of the position safely.
SECTION 4 - SHOP STEWARDS AND OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as shop stewards or official
representatives of the Union shall be allowed to attend.-meetings held by County
agencies during regular working hours on County time as follows:
a. If their attendance is required by the County at a specific meeting, including
meetings of the Board of Supervisors.;
b. if their attendance is sought by a hearing body or presentation of testimony
or other reasons;
C. if their attendance is required for a meeting necessary for settlement of
grievances filed pursuant to Section 16 - Grievance Procedure of this
Memorandum of Understanding and scheduled at reasonable times agreeable to
all parties;
d. if they are designated as a shop steward, in which case they may utilize a
reasonable time at each level of the proceedings to assist an employee to
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present a grievance provided the meetings are scheduled at reasonable times
agreeable to all parties;
e. if they are designated as spokesperson or representative of the Union and as
such make representations or presentations at meetings or hearings on wages,
salaries and working conditions; provided in each case advance arrangements
for time away from the employee's work station or assignment are made with the
appropriate department head, and the County agency calling the meeting is
responsible for determining that the attendance of the particular employee(s)
is required, including meetings of the Board of Supervisors and Retirement
Board where items which are within the scope of representation and involving
the Union are to be discussed.
4.2 Union Representatives. Official representatives of the Union shall be allowed
time off on County time for meetings during regular working hours when formally
meeting and conferring in good faith or consulting with the Employee Relations
Officer or other management representatives on matters within the scope of
representation, provided that the number of such representatives shall not exceed
two (2) without prior approval of the Employee Relations Officer, and that advance
arrangements for the time away from the work station or assignment are made with
the appointing authority or designee.
SECTIONS - SALARIES
5.1 Salary Structure.
A. Effective February 1, 1994 the class of Exempt Medical Staff Physician
(VPW9) and all incumbents therein are reallocated from salary schedule
TD 2443 to salary schedule TN 2519 (see Exhibit A)'. Step placement on
the new salary range for all incumbents will be as listed in Exhibit B
(Physicians' Salary Step Placement) attached to this agreement and
incorporated herein. Movement to the new salary schedule will not alter
the current anniversary date upon which merit adjustments are reviewed
for all employees. For a thirty (30) day period following adoption of this
MOU by the Board of Supervisors, employees may challenge their
placement on the new salary range by submitting the basis for the
challenge to the Health Services Personnel Officer whose decision shall be
final.
B. Effective February 1, 1994 the class and incumbent of Exempt Medical
Staff Chief of Dental Services (VDP3) is reallocated from salary schedule
T1 2343 to salary schedule TH 2345 (see Exhibit A). Step placement and
anniversary date are as described in A above.
C. Effective February 1, 1994 the class and incumbent of Exempt Medical
Staff Dentist (VPWO) and Exempt Medical Staff Dental Specialist (VPV7)
are reallocated from salary schedule T3 2251 and T3 2422 to salary
schedule T4 2352 and T4 2522 (see Exhibit A). Step placement and
anniversary date are as described in A above.
D. Effective February 1, 1994 the classes of Exempt Medical Staff Resident
Physician I (VP71), II (VP72), III (VP74) and IV (VP75) are reallocated
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from salary schedules XD 1490, XD 1643, XD 1767 and XD 1892 to salary
schedules Cl 1541, Cl 1694, C1 1818, and C1 1942 respectively.
E. Lump Sum Payment. For those employees above who are subject to the
February 1994 general adjustment and in lieu of a retroactive pay
requiring special payroll recomputation processing back to October 1,
1993, the County will make a lump sum payment to each employee for the
months of October, November and December 1993 and January 1994
computed as follows: Employee regular pay, overtime pay and specific
other earnings ordinarily computed as a percentage of base pay will be
added together for each applicable pay period to determine the
appropriate pay base. This base will then be multiplied by 3% to arrive
at the employee's lump sum payment. The payment amount thus computed
will be added to the employee's April 10, 1994 paycheck where it will be
listed separately as a "Lump Sum Payment" and will be subject to normal
tax withholding and retirement deduction requirements. For purposes of
this lump sum payment, employee regular pay shall include the Emergency
Room Bonus.
Any employee believing there is an underpayment resulting from this
methodology exceeding $100 may contact the Personnel Department. The
Personnel Department and the Auditor's Office will investigate and issue
the additional pay, if owed, as soon as possible.
All provisions regarding lump sum payment in lieu of retroactive pay shall
be applicable to any and all employees who retired during the period
October 1, 1993 through February 28, 1992.
F. Effective February 1, 1994 the County agrees to implement the payment
of stipends to represented classes as described in Section 5.14 herein and
to fund such stipends for the Contra Costa Physicians Unit during the
term of this MOU at a level which is at least equal to and not less than 10
of the total base payroll of the unit on February 1, 1994. Such
compensation shall be in addition to the general salary adjustment
described in Section 5.1.A-D above.
G. Effective January 1,. 1995 all represented classifications shall receive a
general wage increase of 30 levels (3.0439$) on the County salary
schedule (see Exhibit A). In addition to this 30 level increase the County
agrees to establish on January 1, 1995 a fund at least equal to and not less
than 10 of the total annual payroll of the unit on January 1, 1995, to be
distributed in whole or in part thereafter during the term of this MOU to
physicians and dentists in recognition of enhanced productivity according
to criteria to be mutually developed by the Health Services Department
and UAPD in 1994. The Health Services Department offers to establish a
joint labor-management committee for this purpose. The labor-
management committee shall be comprised of five members; three
representatives selected by UAPD; the Director of Medical Staff Affairs;
and the Health Services Personnel Officer. The committee shall meet
within sixty (60) days of the adoption of this MOU by the Board of
Supervisors and shall meet and confer in good faith.
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5.2 Appointment. Exempt Medical Staff Members shall be employed only in classes
for which they are qualified by virtue of their education, experience and
professional license, and shall be paid at a rate established for their classification.
For classifications for which a range of steps have been established, Exempt Medical
Staff Members shall be appointed at the step of the salary range for their class which
is appropriate to their particular qualifications and the position to be filled giving
due consideration to the experience, responsibility and competence of the appointee.
The determination of an Exempt Medical Staff Member's qualifications and designation
of the appropriate step of the salary range shall be by the appointing authority or
designee and shall be final. The appointing authority or designee will notify the
Union of any appointments above Step 6 in the applicable salary range and will
include a justification for the appointment.
5.3 Reappointment. Exempt Medical Staff Members who terminate their services
with the County and are subsequently reemployed in the same medical staff
classification within two years from the date of termination may be appointed at the
step of the salary range at which they were employed at the time of termination.
5.4 Merit Adjustment
Each Exempt Medical Staff Member shall be eligible for a merit review one year after
the date of his/her original appointment and annually thereafter until the top step
of the range is reached. Based upon review of each Exempt Medical Staff Member's
duties and performance, the appointing authority or designee may authorize an
advancement to the next higher step in the salary range, or deny the adjustment
with or without one additional review at some specified date before the next
anniversary. Merit increase shall be awarded for satisfactory performance and there
shall be no limit to the number of employees receiving a merit increment in any given
year. The decision to approve or deny the Exempt Medical Staff Member's merit
adjustment will be supported by a written evaluation of the member's performance.
Performance evaluations will be completed by the appropriate Department Head, who
may confer with other medical staff members and will be subject to review and
approval by the appointing authority's designee. The written performance
evaluation system will be implemented within six months of the adoption of this
Memorandum of Understanding. No salary adjustment shall be made unless a
recommendation to do so is made by the appointing authority, or designee, and no
provision of this section shall be construed to make the adjustment of salaries
mandatory on the County.
5.5 Frequency. An Exempt Medical Staff Member shall be eligible for a salary
review one year after the date of his original appointment and annually thereafter.
At that time, the appointing authority or designee may authorize a salary
adjustment, deny the adjustment unconditionally or deny the adjustment subject to
review at some specified date before the next anniversary. Under special
circumstances, the appointing authority or designee may make a one-step adjustment
in advance of the date on which an Exempt Medical Staff Member becomes eligible for
the adjustment. When such an advance adjustment is made, however, the Exempt
Medical Staff Member may not receive another adjustment until the date of eligibility
following that for which the adjustment was authorized in advance.
5.6 Effective Date. Adjustments to Exempt Medical Staff Members' salaries shall
be effective on the first day of the month following the month in which the
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adjustment is authorized by the appointing authority or designee. If an operating
department verifies in writing that an administrative or clerical error was made in
failing to submit the documents needed to advance an employee to the next salary
step on the first of the month when eligible, said advancement shall be made
retroactive to the first of the month when eligible.
5.7 Payment. On the tenth (10th) day of each month, the Auditor will draw a
warrant upon the Treasurer in favor of each employee for the amount of salary due
the employee for the preceding month; provided, however, that each employee
(except those paid on an hourly rate) may choose to receive an advance on the
employee's monthly salary, in which case the Auditor shall, on the twenty-fifth
(25th) day of each month, draw his/her warrant upon the Treasurer in favor of such
employee.
The advance shall be in an amount equal to one-third (1/3) or less (at the option of
the employee) of the employee's basic salary of the previous month except that it
shall not exceed the amount of the previous month's basic salary less all requested
or required deductions.
The election to receive the advance shall be made on the prescribed form (form M-
208, revised 5/81) and submitted by the 15th of the month to the department payroll
clerk who will forward the card with the Salary Advance Transmittal/Deviation
Report to the Auditor-Controller payroll section.
Such an election would be effective in the month of the submission and would remain
effective until revoked.
In the case of an election made pursuant to this Section 5.5 all required or requested
deductions from salary shall be taken from the second installment, which is payable
on the tenth (10th) day of the following month.
5.8 Part-Time Compensation. An Exempt Medical Staff Member working part-time
shall be paid a monthly salary in the same ratio to the full time monthly rate to which
he would be entitled as an Exempt Medical Staff Member working full time as the
number of hours per week in his part-time work schedule bears to the number of
hours in the regular full time schedule. Other benefits to which the employee is
entitled under the provisions of this division may be assigned on the same pro rata
basis. If the employment is periodic and irregular, depending on departmental
requirements, payment for hours worked shall be made at the hourly rate established
for the salary step to which the Exempt Medical Staff Member would be assigned if
he were working permanent full time or part-time.
5.9 Compensation for Portion of Month. Any Exempt Medical Staff Member who
works less than any full calendar month, except when on earned vacation or
authorized sick leave, shall receive as compensation for his services an amount which
in the same ratio to the established monthly rate as the number of days worked is to
the actual working days in such Exempt Medical Staff Member's normal work schedule
for the particular month; but if the employment is intermittent, compensation shall
be on an hourly basis.
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5.10 Reclassification of Position. The salary of an employee whose position is.
reclassified from a class on the basic or exempt salary schedule to an Exempt Medical
Staff classification shall be established in accordance with Section 5.1.
5.11 Salary on Change of Assignment.
A. If a significant change is made in the duties, responsibilities, work
schedule or work location assigned to an Exempt Medical Staff Member,
the appointing authority or designee may review the changes to determine
if they are of such a magnitude to warrant an adjustment in the salary
level of the Exempt Medical Staff Member. If it is determined that an
adjustment is appropriate, the appointing authority or designee may
adjust the salary upward. If such an assignment is temporary (typically
not exceeding one year duration), the Exempt Medical Staff Member shall
return at the termination of the assignment to the step of the range
he/she would have received had he/she remained in his/her regular
assignment.
B. Effective Date. Salary adjustments reflecting changes in assignment of
an Exempt Medical Staff Member shall be effective on the first day of the
month following the month in which the adjustment is made by the
appointing authority or designee.
5.12 Salary on Promotion - Exempt Medical Staff Resident Physicians. Exempt
Medical Staff Resident Physicians are expected to spend approximately one year in
each of the three classifications. However, the duration of an employee's training
at one of the levels may be extended at the discretion of the appointing authority or
designee. Exempt Medical Staff Resident Physicians advancing to a next higher
resident physician classification shall be paid at the monthly rate for that
classification.
5.13 Reassignment. An Exempt Medical Staff Member who is reassigned from one
position to another position within the same classification shall be compensated at the
same step in the salary range as he/she was previously. Eligibility for stipends as
described in Section 5.14 will be reevaluated at the time of reassignment and may
result in the commencement or discontinuing of a stipend or stipends as appropriate.
5.14 Stipends. Exempt Medical Staff Members are eligible for the following
additional compensation as described hereunder. An employee may be eligible for
and receive stipends in more than one category. The stipends for Registrar and
Ambulatory recognition are based on continuous service. Neither periods of
voluntary separation nor periods of involuntary separation exceeding two years, will
be bridged.
A. The President of the Medical Staff will receive $500 per month.
B. The Department Heads for Ambulatory Family Medicine, Anesthesia,
Dental (excluding the classification Chief of Dental Service), Diagnostic
Imaging, Emergency Medicine, Internal Medicine, Geriatrics, Obstetrics
and Gynecology, Pathology, Pediatrics, Nursery, Psychiatry,
Rehabilitation and Surgery, and other comparable assignments deemed
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appropriate by the appointing authority or designee will receive $500 per
month.
C. The Medical Director for Mental Health, the Residency Director and the
Director of Quality Management will receive $500 per month.
D. The Chairpersons of the Medical Staff committees charged with
considerable responsibility, such as Credentials, Medical Quality
Assurance, Utilization Review, and other comparable assignments deemed
appropriate by the appointing authority or designee will receive $500 per
month.
E. The Division Heads (e.g. Orthopedics, Ambulatory Medicine, and Out
Patient Psychiatry, and Detention), the Assistant Residency Director,
the Assistant Surgical Registrar Chief, the Assistant Surgical Chief and
other comparable assignments deemed appropriate by the appointing
authority or designee will receive $250 per month.
F. A registrar stipend of $175 will be awarded as follows:
1 A registrar assigned to a position of 32 hours or more in the system
will be eligible for half of the total stipend after completing the first
three years as a registrar and be eligible for the full stipend after
completing a sixth year as a registrar.
2. A registrar assigned to a position of 20 to 31 hours in the system will
be eligible for one-quarter of the full stipend after three years and a
maximum of one-half of the full stipend after six years.
3. A registrar in the system assigned to a position of less than 20 hours
will not be eligible for a registrar stipend.
A registrar is defined as a physician designated by the appointing
authority and assigned to the Emergency Room or assigned significant
teaching and inpatient care responsibilities and who possesses expertise
in a given field and acts as a resource to his/her colleagues.
G. An Ambulatory Recognition stipend of $250 will be awarded to Physicians
assigned to the Ambulatory System or the Emergency Department,
Psychiatrists and Dentists as follows:
1. An employee assigned to a position of 32 hours or more will be eligible
for one-half of the full stipend after three years, and be eligible for
the full stipend after six years. The full stipend will be the same as
the full registrar stipend.
2. An employee assigned to a position of 20 to 31 hours will be eligible for
one-quarter of the full stipend after three years, and a maximum one-
half after six years.
3. An employee assigned to a positions of less than 20 hours per week of
will not be eligible for the ambulatory recognition stipend.
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The above stipends will become effective on the first of the month following the
employee's appointment unless the appointment is effective on the first of the month,
in which case the stipend will commence immediately.
SECTION 6 - DAYS AND HOURS OF WORK
6.1 Days and Hours of Work. The normal work week for employees, except
Residents, shall consist of five eight-hour days or a total of forty hours, 12:01 a.m.
Monday to 12:00 midnight Sunday; however, where operational requirements require
deviations from the usual pattern of five eight-hour days per work week, an
employee may be scheduled to meet these requirements. With the exception of
Emergency Room assignments there shall be no split shifts without the employee's
consent.
The appointing authority or designee shall prepare written schedules in advance to
encompass the complete operational cycle contemplated. The employee's preferences
as well as Department's operational requirements will be considered in preparing the
schedule.
The basic physician and dental schedule, excluding Registrars, for a 40 hour
position will consist of 36 hours of direct patient care, and 4 hours of administrative
time. This administrative time shall be prorated for all employees working in a 20
hour or greater position according to the following schedule. The nature of the
administrative time shall be decided by the appropriate Department Head.
Administrative time shall be in blocks of four hours.
Total Hours per Week Average Admin. Hours per Week
36 - 40 4
28 - 35 3
20 - 27 2
A minimum of 25% and a maximum of 40% of the administrative time per month will be
"at risk" to fill in for unscheduled absences and/or for any absences for urgent
care, small clinics with two or fewer providers, the detention facilities, or at the
discretion of the Department Head, to other clinics as necessary to allow for maximum
latitude in approving leave requests.
Sixteen consecutive hours per week on call time (paid 1:4) may be scheduled instead
of 4 hours of "direct patient care" with the employee's approval.
Sixteen consecutive hours per week of telephone advice nurse backup on-call time
(paid 1:8) may be scheduled instead of two hours of "direct patient care" at the
discretion of the appointing authority or designee. Individual employees with
regular evening or Saturday clinic, or regular on-call assignments are exempt from
this on-call provision, unless agreed to by the employee.
"Direct patient care" is any time in which the employee's primary responsibility is
delivering health care directly to patients, including clinics, emergency room,
procedures, diagnostic tests, and surgery.
Employees regularly scheduled to work 16 hours per week or more of Family Practice
Clinics and who have majority of their position hours assigned to Family Practice and
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Urgent Care Clinics shall be eligible for staff development time. The nature of the
staff development time shall be decided by the appropriate Department Head and
could include such responsibilities as specialty clinic assignments. Those employees
in 40-hour positions will be assigned 4 hours of staff development time per week.
This staff development time shall be prorated for those qualifying employees working
in a 24-hour or greater position according to the following schedule:
Total Hours per Week Staff Development Hours per Week
36 - 40 4
28 - 35 3
24 - 27 2
All physicians except those assigned to positions in the Emergency Department will
be scheduled to work between the hours of 6:00 a.m. and 5:30 p.m. , (normally
between 8:00 a.m. and 5:00 p.m.) Monday through Friday. Registrars shall
continue to have flexibility of scheduling as arranged by the appointing authority
or designee.
The schedule for any physician working at least 20 hours per week may include one
four-hour evening clinic per week and/or one 4, 6, or 8 hour weekend clinic every
eight weeks, at the discretion of the appointing authority or designee. Physicians
with regular weekend direct patient care responsibilities ar exempt from weekend
clinic assignments. Such clinics will be compensated at the physician's base rate plus
$10 per hour. Except for those physicians assigned to positions in the Emergency
Department, additional evening or weekend work will be by mutual agreement and
will be compensated at the base hourly rate plus the differential described in Section
6.6 Emergency Room Pay. This additional compensation applies only to the scheduled
time and does not include unscheduled work required for patient care needs or
inpatient morning rounds.
The normal work week for residents shall be determined by the Residency Program
Director.
Schedules reflecting the administrative hours and staff development hours will be
implemented 90 days after the adoption of this memorandum of understanding.
6.2 Physician Call. The basic call obligation for physicians is defined in section
6.1 above and is compensated as part of the employee's base monthly rate.
Physicians who take additional on-call obligations will be paid on the following
schedule:
a. one hour of straight time pay for each four hours of call (1:4) for Anesthesia,
Orthopedics, Surgery, Medicine, Pediatrics, OB Joint Venture Health Plan or
Advice first call and other comparable assignments deemed appropriate by the
appointing authority.
b. one hour of straight time pay for each eight hours of call (1:8) for Pathology,
GI, Opthamology, Health Officer, Plastic Surgery, Hand Surgery, Detention,
Psychiatry, Health Plan or advice backup, and other comparable assignments
deemed appropriate by the appointing authority. Pathology will be paid at the
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rate of 1:4 until such time as a classification and pay range for specialists is
developed and approved by the Board.
Call pay does not continue during the time the physician is called back.
6.3 Obstetrics - Gynecology Call. In lieu of the on-call rates described in Section
6.2, Physicians assigned to OB-GYN will share a total of $10,710 per month to cover
all after hours services required for good patient care. This amount will be
increased to $11,500 effective 1/1/95.
After hours delivery by physicians not on call for OB shall be paid at the base
hourly rate with a three hour minimum and a six hour maximum.
6.4 Call Back Pay. A physician who is called back to duty will be paid at the
straight time hourly rate for the actual time worked plus a differential of $30 per
hour, with a minimum of three hours pay for each call back.
6.5 Pay for Weekend Rounds. A physician whose assignment requires rounding
on weekends will be paid at the straight time hourly rate for the time spent rounding
plus a differential of $30 per hour, with a minimum of three hours pay. Only one
three hour minimum will be paid per each 24 hour period.
6.6 Emergency Room Pay. A physician working in the Emergency Room will be paid
the following differentials in addition to his/her regular base pay:
Monday - Thursday 7:00 a.m. - 7:00 p.m. $10 per hour
Friday 7:00 a.m. - 7:00 p.m. $10 per hour
Monday - Thursday 11:00 p.m. - 7:00 a.m. $30 per hour
Friday, Saturday, Sunday 7:00 p.m. - 7:00 a.m. $40 per hour
Saturday, Sunday 7:00 a.m. - 7:00 p.m. $20 per hour
Holidays will be paid as weekends. Urgent Care in the evenings and on weekends
will be compensated as emergency room pay.
A physician working in the ER in addition to his/her regular basic schedule, will be
paid at the hourly equivalent of his/her base pay plus the,appropriate differential.
SECTION 7 - HOLIDAYS
7.1 Holidays Observed. The County will observe the following holidays:
A. January 1st, known as New Years Day
Third Monday in January known as Dr. Martin Luther King, Jr. Day
Third Monday in February, known as Presidents Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veteran's Day
Fourth Thursday in November, known as Thanksgiving Day
The day after Thanksgiving
December 25th, known as Christmas Day
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Such other days as the Board of Supervisors may by resolution designate
as holidays.
B. Each employee shall accrue two (2) hours of personal holiday credit per
month. Such personal holiday time may be taken in increments of one-half
(1/2) hour, and preference of personal holidays shall be given to
employees according to their seniority in their department as reasonably
as possible. No employee may accrue more than forty (40) hours of
personal holiday credit. On separation from County service, an employee
shall be paid for any unused personal holiday credits at the employee's
then current pay rate.
7.2 Application of Holiday Credit. The following provisions indicate how holiday
credit is to be applied:
A. Employees on the five (5) day forty (40) hour Monday through Friday
work schedule shall be entitled to a holiday whenever a holiday is
observed pursuant to the schedule cited above.
B. Employees on a work schedule other than Monday through Friday shall be
entitled to credit for any holiday, whether worked or not, observed by
employees on the regular schedule; conversely, such employees will not
receive credit for any holiday not observed by employees on the regular
schedule even though they work the holiday.
C. Employees will be paid their basic salary rate for holidays actually worked
in addition to regular pay for the holiday.
If a holiday falls on the days off of an employee on a schedule other than Monday
through Friday, the employee shall be given credit for their basic salary rate or
granted time off on the employee's next scheduled work day.
If any holiday listed above falls on a Saturday, it shall be celebrated on the
preceding Friday. If any holiday listed in Section 7.1 falls on a Sunday, it shall be
celebrated on the following Monday.
7.3 Holiday Credit for Part-Time Employees. Permanent part-time employees shall
receive holiday credit in the same ratio to the holiday credit given full time employees
as the number of hours per week in the part-time employee's schedule bear to the
number of hours in the regular full time schedule, regardless of whether the holiday
falls on the part-time employee's regular work day.
SECTION 8 - VACATION LEAVE
8.1 Vacation Allowance.
A. Exempt Medical Staff members in permanent positions are entitled to
vacations with pay which accrue according to, and may be cumulated to
maximums set forth in the table below. Accrual is by hours of working
time per calendar month of service and begins on the date of appointment
to a permanent position, except that increased accruals granted in
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recognition of long service being on the first of the month following the
month in which the Exempt Medical Staff Member accrues the time set forth .
in Subsection (b), and except that accrual for portions of a month shall
be in minimum amounts of one hour calculated on the same basis as for
partial month compensation pursuant to Section 5.9. Vacation credits may
be used only after completion of six months service in a permanent
position but may be used by Exempt Medical Staff Members to supplement
exhausted sick leave in cases of absence during the first six months, and
in addition, by Exempt Medical Staff Resident Physicians in order to
reconcile vacation schedules to training needs. No vacation shall be
allowed in excess of actual accrual at the time vacation is taken. On
separation from County service Exempt Medical Staff Members shall be
paid for any unused vacation credits at their then current pay rate.
B. The rates at which vacation credits accrue, and the maximum cumulation
thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
8.2 Accrual During Leave Without Pay. 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.
8.3 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the employee's
then current pay rate.
8.4 Vacation Preference. Vacation requests for Exempt Medical Staff Physicians
in the Hospital and Clinics which are received in the Medical Staff Office at least
thirty-five days in advance will be responded to within ten days of receipt of the
request and will be approved or denied based on the overall staffing considerations
for the time requested. Vacation requests which are received less than thirty-five
days in advance will also be considered but preference will be given to those
requests submitted with more than thirty-five days advance notice. Approved
vacations will not be cancelled except under extreme circumstances.
SECTION 9 - SICK LEAVE
9.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to illness or
injury. It is a benefit extended by the County and may be used only as authorized;
it is not paid time off which employees may use for personal activities.
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9.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the
rate of eight (8) working hours credit for each completed month of service, as
prescribed by County Salary Regulations and Memoranda of Understanding.
Employees who work a portion of a month are entitled to a pro rata share of the
monthly sick leave credit computed on the same basis as is partial month
compensation.
Credits to and charges against sick leave are made in minimum amounts of one-tenth
hour (6 minutes) increments.
Unused sick leave credits accumulate from year to year.
When an employee is separated other than through retirement, accumulated sick
leave credits shall be cancelled unless separation is involuntary and related to
budget reductions, in which case the employee may petition the County to restore
accumulated credits if that employee is reemployed within two years.
As of the date of retirement, an employee's accumulated sick leave is converted to
retirement on the basis of one day of retirement service credit for each day of
accumulated sick leave credit.
9.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the
primary purpose of paid sick leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury. The following definitions
apply:
"Immediate Family" means and includes only the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, father-in-law, mother-in-law, daughter-in-law, son-in-
law, brother-in-law, sister-in-law, foster children, aunt, uncle, cousin,
stepbrother, or stepsister of an employee and/or includes any other person for whom
the employee is the legal guardian or conservator, or any person who is claimed as
a "dependent" for IRS reporting purposes by the employee.
"Employee" means any person employed by Contra Costa County in an allocated
position in the County service.
"Paid Sick Leave Credits" means those sick leave credits provided for by County
Salary Regulations and memoranda of understanding.
"Condition/Reason": With respect to necessary verbal contacts and confirmations
which occur between the department and the employee when sick leave is requested
or verified, a brief statement in non-technical terms from the employee regarding
inability to work due to injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
A. Temporary Illness or Injury of an Employee. Paid sick leave credits may
be used when the employee is off work because of a temporary illness or
injury.
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B. Permanent Disability Sick Leave. Permanent disability means the
employee suffers from a disabling physical injury or illness and is thereby
prevented from engaging in any County occupation for which the employee
is qualified by reason of education, training or experience. Sick leave
may be used by permanently disabled employees until all accruals of the
employee have been exhausted or until the employee is retired by the
Retirement Board, subject to the following conditions:
1. An application for retirement due to disability has been filed with the
Retirement Board.
2. Satisfactory medical evidence of such disability is received by the
appointing authority within 30 days of the start of use of sick leave
for permanent disability.
3. The appointing authority may review medical evidence and order
further examination as deemed necessary, and may terminate use of
sick leave when such further examination demonstrates that the
employee is not disabled, or when the appointing authority determines
that the medical evidence submitted by the employee is insufficient,
or where the above conditions have not been met.
C. Communicable Disease. An employee may use paid sick leave credits when
under a physician's order to remain secluded due to exposure to a
communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. Employees whose
disability is caused or contributed to by pregnancy, miscarriage,
abortion, childbirth, or recovery therefrom, shall be allowed to utilize
sick leave credit to the maximum accrued by such employee during the
period of such disability under the conditions set forth below:
1. Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of disability
from the employee's attending physician. The statement must address
itself to the employee's general physical condition having considered
the nature of the work performed by the employee, and it must
indicate the date of the commencement of the disability as well as the
date the physician anticipates the disability to terminate.
2. If an employee does not apply for leave and the appointing authority
believes that the employee is not able to properly perform her work or
that her general health is impaired due to disability caused or
contributed to by pregnancy, miscarriage, abortion, childbirth or
recovery therefrom the employee shall be required to undergo a
physical examination by a physician selected by the County. Should
the medical report so recommend, a mandatory leave shall be imposed
upon the employee for the duration of the disability.
3. Sick leave may not be utilized after the employee has been released
from the hospital unless the employee has provided the County with
a written statement from her attending physician stating that her
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disability continues and the projected dates of the employee's
recovery from such disability.
E. Medical and Dental Appointments. An employee may use paid sick leave
credits:
1. For working time used in keeping medical and dental appointments for
the employee's own_care; and
2. For working time used by an employee for prescheduled medical and
dental appointments for an immediate family member.
F. Emergency Care of Family. An employee may use paid sick leave credits
for working time used in cases of illness or injury to an immediate family
member.
G. Death of Family Member. An employee may use paid sick leave credits for
working time used because of a death in the employee's immediate family,
but this shall not exceed three working days, plus up to two days of work
time for necessary travel.
H. Accumulated paid sick leave credits may not be used in the following
situations:
1. Vacation. Paid sick leave credits may not be used for an employee's
illness or injury which occurs while he/she is on vacation but the
County Administrator may authorize it when extenuating
circumstances exist and the' appointing authority approves.
2. Not in Pay Status. Paid sick leave credits may not be used when the
employee would otherwise be eligible to use paid sick leave credits but
is not in pay status.
9.4 Administration of Sick Leave. The proper administration of sick leave is a
responsibility of the employee and the department head. Unless otherwise provided
in the supplemental sections of this Memorandum of Understanding, the following
procedures apply:
A. Employee Responsibilities
1. Employees are responsible for notifying their department of an
absence prior to the commencement of their work shift or as soon
thereafter as possible. Notification shall include the reason and
possible duration of the absence.
2. Employees are responsible for keeping their department informed on
a continuing basis of their condition and probable date of return to
work.
3. Employees are responsible for obtaining advance approval from their
supervisor for the scheduled time of pre-arranged personal or family
medical and dental appointment.
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4. Employees are encouraged to keep the department advised of (1) a
current telephone number to which sick leave related inquiries may be
directed, and (2) any condition(s) and/or restriction(s) that may
reasonably be imposed regarding specific locations and/or persons the
department may contact to verify the employee's sick leave.
B. Department Responsibilities. The use of sick leave may properly be
denied if these procedures are not followed. Abuse of sick leave on the
part of the employee is cause for disciplinary action.
Departmental approval of sick leave is a certification of the legitimacy of
the sick leave claim. The department head or designee may make
reasonable inquiries about employee absences. The department may
require medical verification for an absence of three (3) or more working
days. The department may also require medical verification for absences
of less than three (3) working days for probable cause if the employee had
been notified in advance in writing that such verification was necessary.
Inquiries may be made in the following ways:
T. Calling the employee's residence telephone number or other contact
telephone number provided by the employee if telephone notification
was not made in accordance with departmental sick leave call-in
guidelines. These inquiries shall be subject to any restrictions
imposed by the employee.
2. Obtaining the employee's signature on the Absence/Overtime Record,
or on another form established for that purpose, as employee
certification of the legitimacy of the claim.
3. Obtaining the employee's written statement of explanation regarding
the sick leave claim.
4. Requiring the employee to obtain a physician's certificate or
verification of the employee's illness, date(s) the employee was
incapacitated, and the employee's ability to return to work, as
specified above.
5. In absences of an extended nature, requiring the employee to obtain
from their physician a statement of progress and anticipated date on
which the employee will be able to return to work, as specified above.
Department heads are responsible for establishing timekeeping
procedures which will insure the submission of a time card covering
each employee absence and for operating their respective offices in
accordance with these policies and with clarifying regulations issued
by the Office of the County Administrator.
To help assure uniform policy application, the Personnel Director or
designated management staff of the County Personnel Department
should be contacted with respect to sick leave determinations about
which the department is in doubt.
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9.5 Disability.
A. An employee physically or mentally incapacitated for the performance of
duty is subject -to dismissal, suspension or demotion, subject to the
County Employees Retirement Law of 1937. An appointing authority after
giving notice may place an employee on leave if the appointing authority
has filed an application for disability retirement for the employee, or
whom the appointing authority believes to be temporarily or permanently
physically or mentally incapacitated for the performance of the employees
duties.
B. An appointing authority who has reasonable cause to believe that there
are physical or mental health conditions present in an employee which
endanger the health or safety of the employee, other employees, or the
public, or which impair the employee's performance of duty, may order
the employee to undergo at County expense and on the employees paid
time a physical, medical and/or psychiatric examination by a licensed
physician and receive a report of the findings on such examination. If the
examining physician recommends that treatment for physical or mental
health problems, including leave, are in the best interests of the employee
or the County in relation to the employee overcoming any disability and/or
performing his or her duties the appointing authority may direct the
employee to take such leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice
to the employee's right to use sick leave, vacation, or any other benefit
to which the employee is entitled other than regular salary. The
Personnel Director may order lost pay restored for good cause and subject
to the employee's duty to mitigate damages.
D. Before an employee returns to work from any absence for illness or
injury, other leave of absence or disability leave, exceeding two weeks in
duration, the appointing authority may order the employee to undergo at
County expense a physical, medical, and/or psychiatric examination by
a licensed physician, and may consider a report of the findings on such
examination. If the report shows that such-employee is physically or
mentally incapacitated for the performance of duty, the appointing
authority may take such action as he/she deems necessary in accordance
with appropriate provisions of this Memorandum of Understanding.
9.6 Workers' Compensation. The County will reduce Workers' Compensation for
all non-safety employees to 94% of monthly salary for all claims filed with the
employee's department on or after January 1, 1992 and 88% of monthly salary for all
claims filed on or after January 1, 1993. All savings generated will be used toward
offsetting chargeable increases in County subvention of premiums for health and
dental plans. If Workers' Compensation becomes taxable, the County agrees to
restore the current benefit level (100% of monthly salary) and the parties shall meet
and confer with respect to funding the increased cost.
A. Employees who leave work as a result of an on-the-job injury will have the
balance of that day charged to sick leave and/or vacation accruals. This
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will be considered as the last day worked for purposes of determining
Workers' Compensation benefits.
B. Three (3) consecutive calendar days following the last day worked
constitutes a waiting period before Workers' Compensation starts. The
time the employee is scheduled to work during this waiting period will be
charged to the employee's sick leave and/or vacation accruals. In order
to qualify for Workers' Compensation the employee must be under the care
of a physician. Temporary compensation is payable on the first three (3)
days of disability when the injury necessitates hospitalization, or when
the disability exceeds twenty-one (21) days.
A permanent employee shall receive regular salary during any period of
compensable temporary disability absence. "Compensable temporary
disability absence" for the purpose of this Section, is any absence due to
work connected disability which qualifies for temporary disability
compensation under Workers' Compensation Law set forth in Division 4 of
the California Labor Code. When any disability becomes permanent, the
salary provided in this Section shall terminate. The employee shall return
to the County all temporary disability payments received by him/her from
any County funded wage replacement program. No charge shall be made
against sick leave or vacation for these salary payments. Sick leave and
vacation rights shall not accrue for those periods during which salary
payments are. made.
The maximum period for the described salary continuation for any one
injury or illness shall be one year from the date of temporary disability.
C. Continuing pay begins at the same time that temporary Workers'
Compensation starts and continues until the temporary disability ends, or
until one (1) year from the date of injury, whichever comes first. All
continuing pay under the Workers' Compensation Program will be cleared
through the Personnel Office, Benefits Division.
Whenever an employee who has been injured on the job and has returned
to work is required by an attending physician to leave work for treatment
during working hours the employee shall be allowed time off up to three
(3) hours for such treatment without loss of pay or benefits. This
provision applies only to injuries that have been accepted by the County
as a job connected injury.
D. If an injured employee remains eligible for temporary disability beyond
one year, applicable salary will continue by integrating sick leave and/or
vacation accruals with workers' compensation benefits (vacation charges
to be approved by the department and the employee) . If salary integra-
tion is no longer available, workers' compensation benefits will be paid
directly to the employee as prescribed by workers' compensation laws.
E. Rehabilitation Inte#,ration. An injured employee who is eligible for
workers' compensation rehabilitation temporary disability benefits and
whose disability is medically permanent and stationary will continue to
receive full salary by integrating sick leave and/or vacation accruals with
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workers' compensation rehabilitation temporary disability benefits until
those accruals are exhausted. Thereafter, the rehabilitation temporary
disability benefits will be paid directly to the employee.
F. Health Insurance. The County contribution to the employee's group
insurance plans) continues during the continuing pay period and during
integration of sick leave or vacation with workers' compensation benefits.
G. Method of Integration. An employe's sick leave and/or vacation charges
shall be calculated as follows: C = 8 [1 - (W=S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
For example: W = $960.00 per month Workers' Compensation
S = $1667.00 per month salary
8 = 8 hours
C = Hours to be charged to Sick Leave
C = 8 1 - ($960 = $1,667)
C = 81 - (.5758)
C = 8 (.4242)
C = 3.39
3 hours chargeable to sick leave
5 hours chargeable to Workers' Compensation
9.8 Accrual During Leave Without Pay. No employee who has been granted a leave
without pay or an unpaid military leave shall accrue any sick leave credits during the
time of such leave nor shall an employee who is absent without pay accrue sick leave
credits during the absence.
SECTION 10 -.LEAVE OF ABSENCE (Subject to revision with Labor Coalition)
10.1 Leave Without Pay. Any employee who has permanent status may be granted
a leave of absence without pay upon written request, approved by the appointing
authority; provided, however, that leaves for pregnancy shall be granted in
accordance with applicable state and federal law. Upon request to the appointing
authority, any employee who has permanent status shall be entitled to at least an
eighteen (18) week (less if so requested by the employee) family leave of absence,
commencing with the birth, adoption, or serious illness of a child or dependent
parent.
Insofar as pregnancy disability leave is used under Section 9.3.D, that time will not
be considered a part of the 18 week family leave period. Additionally, an employee
may choose to remain in a pay status by using available sick leave (under conditions
specified in Section 9.3), vacation, floating holiday or compensatory time off
entitlements during the 18 week family leave; however, use of accruals must be on
a continuous basis from the beginning of the family leave period and may not be
broken into segments used on a monthly basis. Family leave must be requested at
26 -
least 30 days prior to the scheduled leave commencement date unless an exigency
arises.
Requests for leave without pay shall be made upon forms prescribed by the Director
of Personnel and shall state specifically the reason for the request, the date when
it is desired to begin the leave and the probable date of return.
Leave without pay may be granted for any of the following reasons:
a. illness or disability;
b. pregnancy;
C. family;
d. to take a course of study such as will increase his/her usefulness on return
to his/her position;
e. for other reasons or circumstances acceptable to the appointing authority.
A leave without pay may be for period not to exceed one (1) year, provided the
appointing authority may extend such leave for additional periods. Procedure in
granting extensions shall be the same as that in granting the original leave,
provided that the request for extension must be made not later than thirty (30)
calendar days before the expiration of the original leave.
Whenever an employee who has been granted a leave without any pay desires to
return before the expiration of such leave, the employee shall so request of the
appointing authority in writing at least fifteen (15) days in advance of the return for
approval by the appointing authority, provided, however, that less notification may
be approved at the discretion of the appointing authority or designee. The
Personnel Department shall be notified promptly of such return. Failure to submit
timely written notice may result in the employee not being permitted to return to
work until the required notice period has elapsed.
Except with respect to leave due to pregnancy, illness orr,disability, the decision of
the appointing authority on granting or denying a leave of absence shall be subject
to appeal to the Personnel Director.
10.2 Military Leave. Any permanent employee and who is required to serve as a
member of the State Militia or the United States Army, Navy, Air Force, Marine
Corps, Coast Guard or any division thereof shall be granted a military leave for the
period of such service, plus ninety (90) days. An employee who volunteers for such
service shall be granted a leave of absence if necessary in accordance with applicable
state or federal laws. Upon the termination of such service or upon honorable
discharge, the employee shall be entitled to return to his/her position in the
classified service provided such still exists and the employee is otherwise qualified,
without any loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may be
accrued at the time of such leave, nor shall the employee be prejudiced thereby with
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reference to salary adjustments or continuation of employment. For purposes of
determining eligibility for salary adjustments, time on military leave shall be
considered as time in County service.
Any employee who has been granted a military leave, may upon return, be required
to furnish such evidence of performance of military service or of honorable discharge
as the Director of Personnel may deem necessary.
10.3 Salary Review While on Leave of Absence. The salary of an employee who is
on leave of absence from a County position on any anniversary date and who has not
been absent from the position on leave without pay more than six (6) months during
the preceding year shall be reviewed on the anniversary date. Employees on military
leave shall receive salary increments that may accrue to them during the period of
military leave.
10.4 Furlough Days Without Pay. Subject to the prior written approval of the
appointing authority, employees may elect to take furlough days or hours without
pay (pre-authorized absence without pay), up to a maximum of 15 calendar days for
any one period. Longer pre-authorized absences without pay are considered leaves
of absence without pay. Employees who take furlough time shall have their
compensation for the portion of the month worked computed in accord with Section
5.9 - Compensation for Portion of Month of this Memorandum of Understanding. Full
time and part time employees who take furlough time shall have their vacation, sick
leave, floating holiday and any other payroll-computed accruals computed as though
they had worked the furlough time. When computing vacation, -sick leave, floating
holiday and other accrual credits for employees taking furlough time, this provision
shall supersede Sections 7.1.B, 8, and 9 of this Memorandum of Understanding
regarding the computation of vacation, sick leave, floating holiday and other accrual
credits as regards furlough time only. For payroll purposes, furlough time (absence
without pay with prior authorization of the appointing authority) shall be reported
separately from other absences without pay to the Auditor-Controller. This
provision is effective March 1, 1992 and expires December 31, 1993. .
SECTION 11 - JURY DUTY AND WITNESS DUTY (Subject to revision with Labor
Coalition)
A. Jury Duty. If called for jury duty in a Municipal, Superior, or Federal Court,
or for a Coroner's jury, employees may remain in their regular pay status, or
they may take vacation leave or leave without pay and retain all fees and
expenses paid to them.
If an employee is called for jury duty and elects to remain in a regular pay
status and waive all fees (other than mileage allowances) received, the
employee shall obtain from the Clerk or Jury Commissioner a certificate which
shall indicate the days attended and the fact that fees other than mileage are
waived. The employee shall furnish the court certificate to his/her
department, which shall be retained as a department record. When serving
jury duty in a federal court, an employee shall return all fees (other than
mileage allowance) received to the County.
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When an employee is called for jury duty and elects to retain all fees, the
employee must take vacation leave or leave without pay. No court certificate
is required in this instance.
Employees shall advise their department as soon as possible if scheduled to
appear for jury duty.
Permanent-intermittent employees are entitled to paid jury duty leave only for
those days on which they were previously scheduled to work.
B. Witness Duty. Employees called upon as a witness or an expert witness in a
case arising in the course of their work or the work of another department may
remain in their regular pay status and turn over to the County all fees and
expenses paid to them other than mileage allowance or they may take vacation
leave or leave without pay and retain all fees and expenses. Part-time
employees who give depositions on a regular day off will be paid at the straight
time rate. Scheduling of depositions which would incur premium pay shall be
at the discretion of the appointing authority or designee.
Employees called to serve as witnesses in private cases or personal matters
(e.g. , accident suits and family relations) shall take vacation leave or leave
without pay and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply
to jury duty as set forth above. Employees shall advise their department as
soon as possible if scheduled to appear for witness duty. Permanent-
intermittent employees are entitled to paid witness duty only for those days on
which they were previously scheduled to work.
SECTION 12 - HEALTH & WELFARE, LIFE & DENTAL CARE
12.1 County Programs. The County will continue the existing County Group Health
Plan program of medical, dental and life insurance coverage through Delta Dental
Plan, Safeguard Dental Plan, Aetna Life Insurance and the medical insurance options
of Kaiser-Permanente Foundation Health Plan, and the Contra Costa County Health
Plan, to all permanent full time and part-time employees regularly scheduled to work
twenty (20) or more hours per week. Effective February 1, 1994 the QualMed Health
Plan will be added. During the term of this Memorandum of Understanding, all
conditions and agreements regarding health, dental and related benefits contained
in the January 13, 1994 Agreement (attached as Exhibit C) between the County and
the Labor Coalition shall be in effect.
12.2 Rate Information. The County Benefits Division will make health and dental
plan rate information available upon request to employees and departments. In
addition, the County Benefits Division will publish and distribute to employees and
departments information about rate changes as they occur during the year.
12.3 Medicare Rates. Corresponding Medicare rates for employees covered under
this Memorandum of Understanding shall be as follows: for Employee Only on
Medicare by taking the Employee Only rate for the option selected and subtracting
the monthly Part B Medicare premium withheld from Social Security payments for one
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enrollee; for Employee and Dependent(s) with one member on Medicare by taking the
Employee and Dependent(s) rate for the option selected and subtracting the monthly
Part B Medicare premium withheld from Social Security payments for one enrollee;
for Employee and Dependent(s) with two members on Medicare by taking the
Employee and Dependent(s) rate for the option selected and subtracting the monthly
Part B Medicare premium withheld from Social Security payments for two enrollees.
12.4 Partial Month. The County's contribution to the health plan premium is
payable for any month in which the employee is paid. If an employee is not paid
enough compensation in a month to pay the employee share of the premium, the
employee must make up the difference by remitting the amount delinquent to the
Auditor-Controller. The responsibility for this payment rests with the employee.
If payment is not made, the employee shall be dropped from the health plan. An
employee is thus covered by the health plan for the month in which compensation is
paid.
12.5 Coverage During Absences. An employee who is on approved leave of absence
may convert to individual health plan coverage within thirty (30) days of the
commencement of leave.
Employees shall be allowed to maintain their health plan coverage at the County
group rate for twelve (12) months if on approved leave of absence provided that the
employee shall pay the entire premium (i.e. both employer and employee share) for
the health plan during said leave. Said payment shall be made by the employee at
a time and place specified by the County. Late payment shall result in cancellation
of health plan coverage.
An employee on leave in excess of twelve (12) months may continue health plan
coverage by converting to an individual health plan option (if available) or
continuing group coverage subject to the provisions of the Consolidated Omnibus
Budget Reduction Act (COBRA) provided the employee pays -the entire cost of
coverage, plus any administrative fees, for the option selected. The entire cost of
coverage shall be paid at a place and time specified by the County. Late payment
may result in cancellation of health plan coverage with no reinstatement allowed.
12.6 Retirement Coverage. Upon retirement, employees may remain in the same
County group medical plan if immediately before their retirement they are either
active subscribers to one of the County Health Plans or if on authorized leave of
absence without pay they have retained individual conversion membership from the
County plan.
12.7 Dual Coverage. If a husband and wife both work for the County and one of
them is laid off, the remaining eligible shall be allowed to enroll or transfer into the
health coverage combination of his/her choice.
r
An eligible employee who is no longer covered for medical or dental coverage through
a spouse's coverage shall be allowed to enroll or transfer into the health coverage
combination of his/her choice within thirty (30) days of the date coverage is no
longer afforded under the spouse's plan.
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SECTION 13 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written resignations
shall be forwarded to the Personnel Department by the appointing authority
immediately on receipt, and shall indicate the effective date of termination. Oral
resignation shall be immediately confirmed by the appointing authority in writing to
the employee and to the Personnel Department and shall indicate the effective date
of termination.
13.1 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two (2) weeks in advance of the last date of service (unless
the appointing authority requires a longer period of notice, or consents to the
employee's terminating on shorter notice) is a resignation in good standing.
13.2 Constructive Resignation. A constructive resignation occurs and is effective
when:
a. An employee has been absent from duty for five (5) consecutive working days
without leave; and
b. five (5) more consecutive work days have elapsed without response by the
employee after the mailing of a notice of resignation by certified mail by the
appointing authority to the employee at the employee's last known address.
13.3 Expressed Resignation. A resignation is effective when delivered or spoken
to the appointing authority, operative either on that date or another date specified.
13.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
13.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced
by the appointing authority may be revoked within seven (7) calendar
days after its expression, by serving written notice on the Director of
Personnel and a copy to the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, it shall be
revoked and the employee returned to duty effective on the day following
the appointing authority's acknowledgement.
C. Contest. Unless, within seven (7) days of the receipt of the notice, the
appointing authority acknowledges that the resignation could have been
believed to be coerced, this question should be handled as an appeal to
the Director of Personnel.
D. Disposition. If the Director of Personnel determines that the resignation
was coerced, the resignation shall be deemed revoked and the employee
returned to duty effective on the day following the decision but without
loss of pay, subject to the employee's duty to mitigate damages.
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SECTION 14 - DISMISSAL, SUSPENSION, AND DEMOTION
14.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend,
temporarily reduce the pay of, or demote any employee for cause. The reduction in
pay may not exceed 5% for a three month period. The following are sufficient causes
for such action; the list is indicative rather than inclusive of restrictions and
dismissal, suspension or demotion may be based on reasons other than those
specifically mentioned:
a. absence without leave,
b. conviction of any criminal act involving moral turpitude,
C. conduct tending to bring the County into disrepute,
d. disorderly or immoral conduct,
e. inefficiency,
f. insubordination,
g. being at work under the influence of liquor or drugs, carrying onto the
premises liquor or drugs or consuming or using liquor or drugs during work
hours and/or on County premises,
h. neglect of duty (i.e. non-performance of assigned responsibilities),
i. negligent or willful damage to public property or waste of public supplies or
equipment,
j. violation of any lawful or reasonable regulation or order given by a supervisor
or Department Head,
k. willful violation of any of the provisions of the County's ordinance,
1. material and intentional misrepresentation or concealment of any fact in
connection with obtaining employment,
M. misappropriation of County funds or property,
n. unreasonable failure or refusal to undergo any physical, medical and/or
psychiatric exam and/or treatment authorized by this Memorandum of
Understanding,
o. dishonesty or theft,
P_ excessive or unexcused absenteeism and/or tardiness,
q. sexual harassment, including but not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal, or physical conduct of a sexual
nature, when such conduct has the purpose or effect of affecting employment
decisions concerning an individual, or unreasonably interfering with an
- 32 -
individual's work performance, or creating an intimidating and hostile working
environment,
r. restriction or revocation of medical staff privileges.
14.2 Notice of Proposed Action. Before taking a disciplinary action to dismiss,
suspend, for more than five (5) work days, temporarily reduce the pay of, or demote
an employee, the appointing authority shall cause to be served personally or by
certified mail, on the employee, a Notice of Proposed Action, which shall contain the
following:
a. A statement of the action proposed to be taken.
b. A copy of the charges; including the acts or omissions and grounds upon
which the action is based.
C. If it is claimed that the employee has violated a rule or regulation of the
County, department or district, a copy of said rule shall be included with the
notice.
d A statement that the employee may review and request copies of materials upon
which the proposed action is based.
e. A statement that the employee has seven (7) calendar days to respond to the
appointing authority either orally or in writing.
14.3 Employee Response. The employee upon whom a Notice of Proposed Action has
been served shall have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend in
writing the period to respond. If the employee's response is not filed within seven
(7) days or during an extension, the right to respond is lost.
14.4 Leave Pending Employee Response. Pending response to a Notice of Proposed
Action within the first seven (7) days or extension thereof, the appointing authority
for cause specified in writing may place the employee on temporary leave of absence,
with pay.
14.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30)
days unless ordered by an arbitrator or an adjustment board.
14.6 Procedure on Dismissal, Suspension, Disciplinary Demotion, or Reduction in
Pay.
A. In any disciplinary action to dismiss, suspend, temporarily reduce the
pay of, or demote a permanent employee after having complied with the
requirements of Section 14.2 where applicable, the appointing authority
shall make an order in writing stating specifically the causes for the
action.
B. Service of Order. Said order of dismissal, suspension, temporary
reduction in pay, or demotion shall be filed with the Director of
- 33 -
Personnel, showing by whom and the date a copy was served upon the
employee to be dismissed, suspended, temporarily reduced in pay, or
demoted, either personally or by certified mail to the employee's last
known mailing address. The order shall be effective either upon personal
service or deposit in the U. S. Postal Service
C. Employee Appeals from Order. The employee may appeal an order of
dismissal, suspension, temporary reduction in pay, or demotion through
the procedures of Section 15 - Grievance Procedure, of this MOU provided
that such appeal is filed in writing with the Personnel Director within ten
(10) calendar days after service of said order.
SECTION 15 - GRIEVANCE PROCEDURE
15.1 Definition and Procedural Steps. A grievance is any dispute which involves
the interpretation or application of any provision of this Memorandum of
Understanding excluding, however, those provisions of this Memorandum of
Understanding which specifically provide that the decision of any County official
shall be final, the interpretation or application of those provisions not being subject
to the grievance procedure. The Union may represent the employee at any stage of
the process. Grievances must be filed within thirty (30) days of the incident or
occurrence about which the employee claims to have a grievance, and shall be
processed in the following manner:
Step 1. Any employee, group of employees, or employee organization who believes
that a provision of this Memorandum of Understanding has been misinterpreted or
misapplied to his or her detriment shall discuss the complaint with the employee's
immediate supervisor, who shall meet with the employee within five (5) days of
receipt of a written request to hold such meeting.
Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant
may submit the grievance in writing within ten (10) work days to such management
official as the Department Head may designate. This formal written grievance shall
state which provision of the Memorandum of Understanding has been misinterpreted
or misapplied, how misapplication or misinterpretation has affected the grievant to
the grievant's detriment, and the redress the grievant seeks. A copy of each
written communication on a grievance shall be filed with the Director of Personnel.
The Department Head or his or her designee shall have ten (10) work days in which
to respond to the grievance in writing.
Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the employee
may appeal in writing within ten (10) work days to the Personnel Director. The
Personnel Director or his/her designee shall have twenty (20) work days in which
to investigate the merit of the complaint, and to meet with the Department Head and
the grievant and attempt to settle the grievance and respond in writing.
Step 4. No grievance may be processed under this Section which has not first been
filed and investigated in accordance with Step 3 above, and filed within ten (10)
work days of the written response of the Personnel Director or designee. If the
parties are unable to reach a mutually satisfactory accord on any grievance which
arises and is presented during the term of this Memorandum of Understanding, such
- 34 -
grievance shall be submitted to an Adjustment Board comprised of three (3) Union
representatives, no more than two (2) of whom shall be either an employee of the
County or an elected or appointed official of the Union presenting this grievance,
and three (3) representatives of the County, no more than two (2) of whom shall be
either an employee of the County or a member of the staff of an organization
employed to represent the County in the meeting and conferring process. The
Adjustment Board shall meet within twenty (20) work days of receipt of the written
request and render a decision. If the County falls to meet the time limits specified
in Step 4 and the grievant demands in writing that an Adjustment Board be
convened, the County will convene an Adjustment Board within ten (10) work days
or the grievance will move to arbitration upon demand.
Step 5. If an Adjustment Board is unable to arrive at a majority decision, either the
grievant or the County may require that the grievance be referred to an impartial
arbitrator who shall be designated by mutual agreement between the employee and
the Personnel Director. Such request shall be submitted within twenty (20) work
days of the rendering of the Adjustment Board decision. Within twenty (20) work
days of the request for arbitration, the parties shall mutually select an arbitrator
who shall render a decision within thirty (30) work days from the date of final
submission of the grievance including receipt of the court reporter's transcript and
post hearing briefs, if any. The fees and expenses of the arbitrator and of the
Court Reporter shall be shared equally by the employee and the County. Each
party, however, shall bear the costs of its own presentation, including preparation
and post hearing briefs, if any.
15.2 Scope of Adjustment Board and Arbitration Decisions.
A. Decisions of Adjustment Boards and arbitrators on matters properly
before them shall be final and binding on the parties hereto, to the extent
permitted by law.
B. No Adjustment Board and no arbitrator shall entertain, hear, decide or
make recommendations on any dispute unless such dispute involves a
position in a unit represented by the Union which has been certified as
the recognized employee organization for such unit and unless such
dispute falls within the definition of a grievance as set forth in Subsection
15.1 above.
C. Proposals to add to or change this Memorandum of Understanding or to
change written agreements supplementary hereto shall not be arbitrable
and no proposal to modify, amend or .terminate this Memorandum of
Understanding, nor any matter or subject arising out of or in connection
with such proposals, may be referred to arbitration under this Section.
Neither any Adjustment Board nor any arbitrator shall have the power to
amend or modify this Memorandum of Understanding or written agreements
supplementary hereto or to establish any new terms or conditions of
employment.
D. If the Personnel Director, in pursuance of the procedures outlined in Step
3 above, or the Adjustment Board in pursuance of the provisions of Step
4 above, resolve a grievance which involves suspension or discharge,
- 35 -
they may agree to payment for lost time or to reinstatement with or
without payment for lost time.
E. No change in this Memorandum of Understanding or interpretations
thereof (except interpretations resulting from Adjustment Board or
arbitration proceedings hereunder) will be recognized unless agreed to
by the County and the Union.
15.3 Time Limits. The time limits specified above may be waived by mutual
agreement of the parties to the grievance. If the County fails to meet the time limits
specified in Steps 1 through 3 above, the grievance will automatically move to the
next step. If an employee fails to meet the time limits specified in Steps 1 through
5 above, the.grievance will be deemed to have been settled and withdrawn.
15.4 Union Notification. An official with whom a formal grievance is filed by a
grievant who is included in a unit represented by the Union, but is not represented
by the Union in the grievance, shall give the -Union a copy of the formal
presentation.
15.5 Compensation Complaints. All complaints involving or concerning the payment
of compensation shall be initially filed in writing with the Personnel Director. Only
complaints which allege that employees are not being compensated in accordance with
the provisions of this Memorandum of Understanding shall be considered as
grievances. Any other matters of compensation are to be resolved in the meeting and
conferring process, and if not detailed in the Memorandum of Understanding which
results from such meeting and conferring process shall be deemed withdrawn until
the meeting and conferring process is next opened for such discussion. No
adjustment shall be retroactive for more than two (2) years from the date upon which
the complaint was filed.
No change in this Memorandum of Understanding or interpretations thereof (except
interpretations resulting from Adjustment Board or arbitration proceedings
hereunder) will be recognized unless agreed to by the County and the Union.
15.6 Strike/Work Stoppage. During the term of this Memorandum of
Understanding, the Union, its members and representatives, agree that it and they
will not engage in, authorize, sanction or support any strike, slowdown, stoppage
of work, sickout or refusal to perform customary duties.
In the case of a legally-declared lawful strike against a private or public sector
employer which has been sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of physical harm shall not be
required to cross the picket line, provided the employee advises his or her
supervisor as soon as possible, and provided further that an employee may be
required to cross a picket line where the performance of his or her duties is of an
emergency nature and/or failure to perform such duties might cause or aggravate
a danger to public health or safety.
15.7 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected
employees when action by the County Administrator or the Board of Supervisors
violates a provision of this Memorandum of Understanding.
- 36 -
SECTION 16 - RETIREMENT CONTRIBUTION
Pursuant to Government Code Section 31581.1, the County will continue to pay fifty
percent (50%) of the retirement contributions normally required of employees. Such
payments shall continue for the duration of this Memorandum of Understanding, and
shall terminate thereafter. Employees shall be responsible for payment of the
employees' contribution for the retirement cost of living program as determined by
the Board of Retirement of the Contra Costa County Employees' Retirement Union
without the County paying any part of the employees share. The County will pay
the remaining one-half (1/2) of the retirement cost-of-living program contribution.
SECTION 17 - EDUCATION REIMBURSEMENT
Each permanent full time Medical Staff member will be eligible for $200 each fiscal
year to be applied to reimbursement for continuing education courses. Training
reimbursement may be carried over into the next fiscal year, however, the maximum
reimbursement available in any fiscal year may not exceed twice the annual
entitlement. Permanent part-time Medical Staff members assigned to positions of at
least twenty (20) hours per week shall be entitled to educational reimbursement on
a prorated basis. Each permanent full time employee will be eligible for $200 each
fiscal year to be applied to reimbursement for continuing education courses, except
that employees in the class of Exempt Medical Staff Resident Physician shall be
eligible for $250 per fiscal year.
SECTION 18 - PAID PERSONAL LEAVE/EDUCATIONAL LEAVE
18.1 Paid Personal Leave. In lieu of overtime or compensatory time off provisions,
permanent full time employees with three (3) years of service in classes covered by
this MOU, will be credited with five (5) days of paid personal leave. Incumbents of
the Resident Physician classes are not eligible for paid personal leave but service in
such classes will count towards the three (3) years credit to qualify for this benefit.
Said leave will be pro-rated for permanent part-time employees, but will not be
credited for permanent.-intermittent (on-call) employees.
This leave must be used during the calendar year in which credited and may not be
carried forward. This paid personal leave is separate from paid vacation and will be
accounted for accordingly. Upon separation from County service there shall be no
pay off for unused personal leave credits.
18.2 Educational Leave. Each permanent full time employee with one (1) or more
years of service shall be entitled to five (5) days leave with pay each calendar year
to attend courses, institutions, workshops or classes which meet requirements for
American Medical Association Category One Continuing Medical Education or
recognized by the National Specialty Organization appropriate to the area of the
employee's practice. In order to convert administration of this benefit from a fiscal
year to a calendar year basis, each eligible employee will receive a pro rata number
of days for the period of 7/l/94 - 12/31/94. Administration on a calendar year basis
will begin 1/l/95. Courses must be.approved in advance by the Department Head
and the appointing authority or designee, and must be completed prior to or
concurrent with the leave. Employees attending courses which are scheduled and
- 37 -
reimbursed by the Department and attended during work hours shall not receive
additional leave.
Educational leave shall be scheduled in the same manner as vacation leave. It must
be used in the same calendar year or the calendar year following the year the credit
was awarded.
An employee who attends an approved course on a date for which he/she is not
regularly scheduled to work or who completes an approved home study course will
be granted exchange time off or paid for the equivalent number of hours at his/her
hourly base rate. The employee must indicate his/her preference for time off or pay
in advance of taking the course. The final determination will be at the discretion of
the Director of Medical Staff Affairs or designee. If the employee is granted
exchange time off in lieu of pay, the employee will receive a voucher from the
Director of Medical Staff Affairs or designee. An original copy of an educational
leave voucher, signed by the appointing authority or designee may be required at
the time the leave is scheduled.
Permanent part-time employees shall be entitled to educational leave on a pro-rated
basis.
18.3 Other Leave. In recognition of the requirement to attend mandatory meetings
during non-work time, permanent full time employees with six years of service will
receive an additional five (5) days paid leave. This leave will be prorated for
permanent part-time employees. This paid leave will be credited at the beginning
of each calendar year and may not be carried forward. Upon separation from County
service, there shall be no payoff for unused credits. Utilization of this leave shall
be applied for and authorized in accordance with Section 8.4 Vacation Preference.
SECTION 19 - MILEAGE
Effective January 1, 1994 the mileage allowance for use of personal vehicles on
County business shall be paid according to the rates allowed by the Internal Revenue
Service (currently $.29/mile) and shall be adjusted to reflect changes in this rate
on the date it becomes effective or the first of the month following announcement of
the changed rate by the Internal Revenue Service, whichever is later.
SECTION 20 - PAY WARRANT ERRORS
If an employee receives a pay warrant which has an error in the amount of
compensation to be received and if this error occurred as a result of a mistake by the
Auditor-Controller's Department, it is the policy of the Auditor-Controller's
Department that the error will be corrected and a new warrant issued within forty-
eight (48) hours, exclusive of Saturdays, Sundays and holidays from the time the
Department is made aware of and verifies that the pay warrant is in error. If the
pay warrant error has occurred as a result of a mistake by an employee (e.g. payroll
clerk) other than the employee who is receiving the pay, the error will be corrected
as soon as possible from the time the department is made aware that pay warrant is
in error.
- 38 -
Pay errors in employee pay shall be corrected as soon as possible as to current pay
rate but that no recovery of either overpayments or underpayments to an employee
shall be made retroactively except for the two (2) year period immediately preceding
discovery of the pay error: This provision shall apply regardless of whether the
error was made by the employee, the appointing authority or designee, the Director
of Personnel or designee, or the Auditor-Controller or designee. Recovery of
fraudulently accrued over or underpayments are excluded from this section for both
parties.
When the County notifies an employee of an overpayment and proposed repayment
schedule and the employee wishes to meet with the County, a meeting will be held at
which time a repayment schedule shall be determined.
If requested by the employee, a Union representative may be present at a meeting
with management to discuss a repayment schedule in the case of overpayments to the
employee.
SECTION 21 - SERVICE AWARDS
The County shall continue its present policy with respect to service awards including
time off provided, however, that the type of award given shall be at the sole
discretion of the County.
SECTION 22 - UNFAIR LABOR PRACTICE
Either the County or the Union may file an unfair labor practice as defined in Board
of Supervisor's Resolution 81/1165 against the other. Allegations of an unfair labor
practice, if not resolved in discussions between the parties within thirty (30) work
days from the date of receipt, may be heard and decided by a mutually agreed upon
impartial third party.
SECTION 23 - INSURANCE
23.1 Malpractice. County medical personnel covered by this MOU are covered
under the self-insurance trust funds while working within their course and scope
of employment. The exception to coverage is fraud, corruption or malice as defined
in Government Code 825. The Government Code confers appropriate authority on
the Board of Supervisors to administer the self-insurance program. The Board
approves all settlements over $20,000 and accepts or rejects the recommendations of
the County's attorneys and the Office of Risk Management regarding the option of
trial. Any issues or concerns, or request for information regarding the
administration of this plan may be directed to the Appointing Authority or designee.
23.2 Long Term Disability Insurance. Effective 90 days from the operative date of
this MOU, the County shall amend its existing long term disability income protection
program adopted by Resolution 82/1334 to include Residents and to provide for 85%
replacement of basic monthly earnings, reduced by any deductible benefits. Basic
monthly earnings include base salary step plus any stipend(s) computed as of the
first day of the month in which the disability commences or other loss occurs. All
other provisions of this plan remain unchanged.
- 39 -
SECTION 24 - LENGTH OF SERVICE DEFINITION (FOR SERVICE AWARDS AND
ON ACCRUALS)
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including temporary,
provisional, and permanent status, and absences on approved leave of absence).
When an employee separates from a permanent position in good standing and within
two (2) years is reemployed in a permanent County position, service credits shall
include all credits accumulated at time of separation, but shall not include the period
of separation. The Personnel Director shall determine these matters based on the
employee status records in his department.
SECTION 25 - PERMANENT PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation and sick leave benefits.
They are eligible for health, dental and life insurance benefits at corresponding
premium rates providing they work at least fifty percent (50%) of full time. If the
employee works at least fifty percent (50%) of full time, County retirement
participation is also included.
SECTION 26 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated vacation and sick leave
benefits.
SECTION 27 - PERMANENT-INTERMITTENT EMPLOYEES HEALTH PLAN
A permanent-intermittent employee may participate in the County Group Health Plan
if combined medical, dental and life insurance coverage is wholly at the employee's
expense but at the group insurance rate. The County will not contribute to the
employee's monthly premium. The employee will be responsible for paying the
monthly premium appropriately and punctually. Failure to meet the premium deadline
will mean automatic and immediate withdrawal from the County Group Health Plan and
reinstatement may only be effectuated during the annual open enrollment period.
SECTION 28 - REDUCTION IN FORCE
It is understood between the parties that budget reductions and program changes
may cause separations and/or reductions of hours affecting classes represented by
the Union. To the extent possible, the County shall provide advance notice to the
Union when represented positions are affected by a reduction in force and, upon
request of the Union, the County shall meet and confer upon the impact of any
proposed reduction in force.
The practice privileges of any represented physician or dentist shall not be affected
by reduction in force.
SECTION 29 - ADOPTION
The provisions of this Memorandum of Understanding shall be made applicable on the
dates indicated and upon approval by the Board of Supervisors. Resolutions and
Ordinances, where necessary, shall be prepared and adopted in order to implement
- 40 -
these provisions. It is understood that where it is determined that an Ordinance is
required to implement any of the foregoing provisions, said provisions shall become
effective upon the first day of the month following thirty (30) days after such
Ordinance is adopted.
SECTION 30 - SCOPE AGREEMENT AND SEPARABILITY OF PROVISION
30.1 Scope of Agreement. Except as otherwise specifically provided herein, this
Memorandum of Understanding fully and completely incorporates the understanding
of the parties hereto and constitutes the sole and entire agreement between the
parties in any and all matters subject to meet and confer. Neither party shall,
during the term of this Memorandum of Understanding demand any change herein,
provided that nothing herein shall prohibit the parties from changing the terms of
this Memorandum of Understanding by mutual agreement.
30.2 Separability of Provisions. Should any section, clause or provision of this
Memorandum of Understanding be declared illegal, unlawful or unenforceable, by
final judgment of a court of competent jurisdiction, such invalidation of such section,
clause or provision shall not invalidate the remaining portions hereof, and such
remaining portions shall remain in full force and effect for the duration of this
Memorandum of Understanding.
30.3 Salary Ordinance. Where a specific provision contained in a section of this
Memorandum of Understanding conflicts with a specific provision contained in a
section of the Master Salary Ordinance (Res. 83/1), the provision of this
Memorandum of Understanding shall prevail. Those provisions of the Master Salary
Ordinances within the scope of representation which are not in conflict with the
provisions of this Memorandum of Understanding and those provisions of the Master
Salary Ordinance which are not within the scope of representation shall be
considered in full force and effect.
30.4 Duration of Agreement. This Agreement shall continue in full force and effect
from October 1, 1993 to and including December 31, 1995. Said Agreement shall
automatically renew from year to year thereafter unless either party gives written
notice to the other prior to ninety (90) days from the aforesaid termination date of
its intention to amend, modify or terminate the agreement.
SECTION 31 - FAIR LABOR STANDARDS ACT PROVISIONS
The Fair Labor Standards Act, as amended, may govern certain terms and conditions
of the employment of employees covered by this Memorandum of Understanding. It
is anticipated that compliance with the Act may require changes in some of the
County policies and practices currently in effect or agreed upon. If it is determined
by the County that certain working conditions, including but not limited to work
schedules, hours of work, method of computing overtime, overtime pay and
compensatory time off entitlements or use, must be changed to conform with the Fair
Labor Standards Act, such terms and conditions of employment shall not be
controlled by this Memorandum of Understanding but shall be subject to modification
by the County to conform to the federal law, without further meeting and
conferring. The County shall notify the Union (employee organizations) and will
meet and confer, with said organization regarding the implementation of such
modifications.
- 41 -
Date:
CONTRA COSTA COUNTY UNION O ME N H ICIANS
AND DE T STS
- 42 -
EXHIBIT A
ADDENDUM TO UAPD MEMORANDUM OF UNDERSTANDING
SALARY SCHEDULE FOR EXEMPT MEDICAL STAFF
I. CHIEF OF DENTAL SERVICE (TH-2345) EFFECTIVE FEBRUARY 1, 1994
STEP MONTHLY RATE HOURLY RATE
1 7034 40.58
2 7210 41.59
3 7390 42.63
4 7575 43 .70
5 7764 44.79
6 7958 45 .91
7 8157 47.06
8 8361 48.24
9 8570 49 .44
CHIEF OF DENTAL SERVICE (TH-2365) EFFECTIVE JANUARY 1, 1995
STEP MONTHLY RATE HOURLY RATE
1 7248 41 .82
2 7429 42 .86
3 7615 43 .93
4 7805 45 .03
5 8000 46 . 16
6 7201 47 .31
7 8406 48.49
8 8616 49 .71
9 8831 50.95
II. DENTAL SPECIALIST (T4-2522) EFFECTIVE FEBRUARY 1, 1994
STEP MONTHLY RATE HOURLY RATE
1 6558 37 .84
2 6722 38.78
3 6890 39 . 75
4 7063 40.75
5 7239 41 .76
6 7420 42 .81
7 7606 43 .88
8 7796 44 .98
9 7991 46 . 10
10 8190 47.25
11 8395 48.43
12 8605 49.64
13 8820 50.89
14 9041 52 . 16
15 9267 53.46
DENTAL SPECIALIST (T4-2552) EFFECTIVE JANUARY 1, 1995
STEP MONTHLY RATE HOURLY RATE
1 6758 38.99
2 6927 39 .96
3 7100 40.96
4 7278 41 .99
5 7460 43.04
6 7646 44. 11
7 7837 45 .21
8 8033 46.34
9 8234 47 .50
10 8440 48.69
11 8651 49 .91
12 8867 51 . 16
13 9089 52 .43
14 9316 53.75
15 9549 55 .09
III. DENTIST (T4-2352) EFFECTIVE FEBRUARY 1, 1994
STEP MONTHLY RATE HOURLY RATE
1 5533 31 .92
2 5672 32 .72
3 5814 33.54
4 5959 34.38
5 6108 35 .24
6 6261 36 . 12
7 6417 37.02
8 6578 37.95
9 6742 38.90
10 6911 39.37
11 7083 40.87
12 7260 41 .89
13 7442 42 .93
14 7628 44.01
15 7819 45. 11
DENTIST (T4-2382) EFFECTIVE JANUARY 1, 1995
STEP MONTHLY RATE HOURLY RATE
1 5702 32 .90
2 5844 33 .72
3 5991 34.56
4 6140 35 .43
5 6294 36 . 31
6 6451 37 .22
7 6612 38. 15
8 6778 39 . 10
9 6947 40.08
10 7121 41 .08
11 7299 42 . 11
12 7481 43. 16
13 7668 44 .24
14 7860 45 .35
15 8057 46 .48
IV. RESIDENT PHYSICIANS IV (C1-1942) EFFECTIVE FEBRUARY 1, 1994
MONTHLY RATE HOURLY RATE ADDITIONAL DUTIES RATE
3849 22 .20 38.76
RESIDENT PHYSICIANS IV (C1-1972) EFFECTIVE JANUARY 1, 1995
MONTHLY RATE HOURLY RATE ADDITIONAL DUTIES RATE
3966 22 .88 39 .92
V. RESIDENT PHYSICIANS III (C1-1818) EFFECTIVE FEBRUARY 1, 1994
MONTHLY RATE HOURLY RATE ADDITIONAL DUTIES RATE
3400 19.62 37.81
RESIDENT PHYSICIANS III (C1-1848) EFFECTIVE JANUARY 1, 1995
MONTHLY RATE HOURLY RATE ADDITIONAL DUTIES RATE
3504 20.21 38.94
VI. RESIDENT PHYSICIANS II (C1-1694) EFFECTIVE FEBRUARY 1, 1994
MONTHLY RATE HOURLY RATE ADDITIONAL DUTIES RATE
3004 17 .33 36 .88
RESIDENT PHYSICIANS II (C1-1724) EFFECTIVE JANUARY 1, 1995
MONTHLY RATE HOURLY RATE ADDITIONAL DUTIES RATE
3095 .17 .86 37.99
VII. RESIDENT PHYSICIANS I (C1-1541) EFFECTIVE FEBRUARY 1, 1994
MONTHLY RATE HOURLY RATE ADDITIONAL DUTIES RATE
2578 14 .87 1N/A
RESIDENT PHYSICIANS I (C1-1571) EFFECTIVE JANUARY 1, 1995
MONTHLY RATE ' HOURLY RATE ADDITIONAL DUTIES RATE
2656 15 .32 N/A
VIII.PHYSICIAN (TN-2519) EFFECTIVE FEBRUARY 1, 1994
STEP MONTHLY RATE HOURLY RATE
1 6702 38.67
2 6870 39 .63
3 7041 40.62
4 7217 41.64
5 7398 42 .68
6 7583 43 .75
7 7772 44.84
8 7967 45 .96
9 8166 47. 11
10 8370 48.29
11 8579 49.50
12 8794 50.73
13 9014 52.00
14 9239 53 .30
15 9470 54.63
PHYSICIAN (TN-2549) EFFECTIVE JANUARY 1, 1995
STEP MONTHLY RATE HOURLY RATE
1 6906 39 .84
2 7079 40.84
3 7256 41.86
4 7437 42 .91
5 7623 43 .98
6 7814 45.08
7 8009 46.21
8 8209 47 .36
9 8414 48.55
10 8625 49 .76
11 8840 51.00
12 9061 52 .28
13 9288 53.58
14 9520 54 .92
15 9758 56 .30
1
EXHIBIT B
PHYSICIANS
NAME POS. HOURS CURRENT STEP NEW STEP STIPEND(S)AS OF 2/1/94
Acinas, M. 40/40 11 6 -0-
Aiken, J. 32/40 16 11 A
Applegate, M. 40/40 18 13 1/2 R
Ashbrook, C. 20/40 11 6 1/4 A
Barger, J. 40/40 20 13 R, D
Barrow, R. 40/40 20 13 R
Basch, C. 40/40 7 2 -0-
Beck, F. 40/40 8 3 -0-
Bellwood, I. 32/40 16 11 R
Bentinck, G. 40/40 18 13 A
Berkowitz, S: 20/40 17 12 1/2 A
Berletti, C. 40/40 17 12 R
Bliss, J. 40/40 8 3 -0-
Bowers, K. 20/40 18 13 1/2 R
Brenner, R. 32/40 16 11 -0-
Carlson, E. 40/40 18 13 R
Carpenter, J. 32/40 18 13 R
Carr, W. 40/40 17 12 A
Casebolt, A. 40/40 20 13 A, D
Champlin, J. 20/40 16 11 1/2 A
Chipkin, D. 36/40 17 12 A
Colwell, C. 28/40 10 5 -0-
Crane, C. 20/40 17 12 1/2 A
Key: R = Registrar MSP = Med Staff President
A = Amb Recognition CC = Committee Chair
D = Dept Head DV = Division Head
RD= Res Director MHMD = Mental Health Med Director
QMD = Qual Man Director
2
NAME POS. HOURS CURRENT STEP NEW STEP STIPEND(S) AS OF 2/1/94
Cremin, D. 40/40 15 10 -0-
Dagcuta, C. P.I. 16 11 -0-
Daniels, S. 36/40 17 12 A, DV
Davis (Tenduf-la), T. 40/40 20 13 A
Diamond, J. 26/40 16 11 1/2 A
Dooley, D. 24/40 18 13 1/2 R
Duir, K. 40/40 20 13 A,D
Ernst, D. 40/40 18 11 -0-
Ewing, H. 20/40 17 12 -0-
Farey, K. 24/40 16 11 114 A, DV
Fidler, M. 32/40 17 12 A
Floutsis, G. 40/40 7 2 -0-
Forman, S. 40/40 7 2 -0-
Frankel, L 20/40 12 7 -0-
Fujimoto, R. 40/40 20 13 R, D .
Gandhi, A. P.I. 16 11 -0-
Garcia, J. 40/40 16 11 -0-
Gillett, E. 40/40 17 12 A
Glatt, S. 20/40 14 9 -0-
Goldman, H. 30/40 16 11 1/2 R
Goren, A. 20/40 17 12 -0-
Hand, S. P.I. 12 7 -0-
Hartog, J. 40/40 20 13 MHMD
Hearst, D. 32/40 19 12 MSP, A
Hernandez-Lopez, 32/40 17 11 -0-
Key: R = Registrar MSP = Med Staff President
A = Amb Recognition CC = Committee Chair
D = Dept Head DV = Division Head
RD= Res Director MHMD = Mental Health Med Director
OMD = Oual Man Director
3
NAME POS. HOURS CURRENT STEP NEW STEP STIPEND(S) AS OF 2/1/94
Hiner, S. 40/40 20 13 OMD, R
Hines, P. 32/40 -_18 13 1/2 R
Hinman, P. 24/40 16 11 -0-
Hobert, D. 40/40 20 13 R, D
Hogness, C. 40/40 10 5 -0-
Huie, F. 40/40 19 12 A, CC
Jacobi, N. P.I. 17 12 -0-
Jang, G. 20/40 18 13 1/2 A
Johnson, G. 40/40 20 13 1/2 R, D
Jolton, F. 32/40 10 5 -0-
Jones, J. 20/40 18 13 1/4 A
Justin, T. 28/40 14 9 1/2 R
Kaw, C. P.I. 16 11 -0-
Kim, H. 40/40 19 12 R, D
Koeppel, M. 25/40 17 12 1/4 A
Krelstein, M. 20/40 17 12 1/4 A
Krieger, K. 12/40 16 11 -0-
Landau, C. 40/40 18 11 -0-
Lee, J. 40/40 20 13 A, DV
Litwiller, M. 20/40 17 11 -0-
Lively, D. 40/40 16 11 -0-
Lutovich, G. 20/40 20 13 1/2/A, D
MacDondald, D 40/40 7 2 -0-
Magbitang, F. P.I. 16 11 -0-
May, R. 20/40 16 11 1/4 A
Key: R = Registrar MSP = Med Staff President
A = Amb Recognition CC = Committee Chair
D = Dept Head DV = Division Head
RD= Res Director MHMD = Mental Health Med Director
QMD = Qual Man Director
4
NAME POS. HOURS CURRENT STEP NEW STEP STIPEND(S) AS OF 2/1/94
Mbanugo, O. 20/40 12 7 1/4 A
Mc Daniel, H. 28/40 18 13 1/4 A
Mc Nabb, T. 40/40 20 13 RD
Melny, R. 40/40 19 12 DV
Miller, B. 36/40 19 12
Owens, N. 40/40 8 3 -0-
Pagmanua, C. 40/40 17 12 A
Patton, D. P.I. 16 11 -0-
Puell, M. 23/40 14 9 -0-
Rosenthal, M. P.I. 15 10 -0-
Ross, W. 04/40 16 11 -0-
Saffier, K. 36/40 17 12 A
Sarvasy, P. 36/40 18 13 A
Schafer, S. P.I. 16 11 -0-
Schwartzman, W. 20/40 16 11 1/4 A
Serbin, W. 30/40 20 13
Shah, Y. 40/40 15 10 1/2 A
Sigmond, H. 28/40 17 12 1/2 R
Sikand, J. P.I. 16 11 -0-
Slauson, D. 20/40 19 12 1/2 A, CC
Smith, J. 40/40 18 13 R
South, E. P.I. 16 11 -0-
Stanger, R. 30/40 17 12 1/2 R
Stephens, C. 20/40 15 10 1/2 A
Stinson, M. 40/40 10 5 -0-
Key: R = Registrar MSP = Med Staff President
A = Amb Recognition CC = Committee Chair
D = Dept Head DV = Division Head
RD= Res Director MHMD = Mental Health Med Director
QMD = Qual Man Director
5
NAME POS. HOURS CURRENT STEP NEW STEP STIPEND(S) AS OF 2/1/94
Stone, D. 40/40 16 11 1/2 R
Suchow, D. 26/40 16 11 1/2 R
Suskauer, S. 32/40 18 11 -0- (On LOA 'tit 1994)
Swartz, H. 40/40 18 13 A
Taylor, D. 28/40 8 3 -0-
Todd, M. 32/40 17 12 1/2 R
Turner, B. 20/40 11 6 1/4/ R
Tysell, J. 40/40 20 13 A
Ursua, E. P.I. 16 11 -0-
Van Duren, M. 40/40 16 9 1/2 R, CC
Van Meurs, D. 40/40 17 12 R
Von Rydingsvard, M. 40/40 13 8 A
Wadle, D. 40/40 9 4 -0-
Walker (VonBuettner) 40/40 19 12 A
Warner, D. 40/40 14 9 1/2 R
White, K. 32/40 15 10 -0-
Wille, M. 40/40 20 13 R, D
Williams, K. 28/40 19 12 1/2 R, D
Windham, C. 20/40 15 10 -0-
Zaks, W. 26/40 17 12 1/2 R
Key: R = Registrar MSP = Med Staff President
A = Amb Recognition CC = Committee Chair
D = Dept Head OV = Division Head
RD= Res Director MHMD = Mental Health Med Director
OMD = O.ual Man Director
6
DENTISTS
NAME POSITION HOURS STIPEND
Matsubara, W. 40/40 A
Mendoza, J. P.I. -0-
Rosenfeld, J. P.I. -0-
Stokes, J. 32/40 1/2 A
Walker, S. P.I. -0-
Yee, G. 40/40 A
Zimmerman, S. 40/40 A
Mattka, F. 40/40 1/2 A
Camodeca, F. 40/40 A
Key: R = Registrar MSP = Med Staff President
A = Amb Recognition CC = Committee Chair
D = Dept Head DV = Division Head
RD= Res Director MHMD = Mental Health Med Director
GNID = Oual Man Director
EXHIBIT C
Tentative Agreement
Wages & Health Plan Adjustments
The County and the members of the Labor Coalition agree to jointly recommend that the Board of
Supervisors consider and adopt the following settlement on wages and health plan adjustments for
the period October 1, 1993, to September 30, 1995.
1. Wages
Effective July 1, 1994, increase salary by 10 levels(1.0045%).
Effective January 1, 1995, increase salary by 10 levels(1.0045%). Any net savings
achieved by the County from the replacement of the 1st Choice Health Plan by the
QualMed Health Plan for those eligible to a salary increase as provided herein and which is
above the cost of the 20 level salary increase shall be added to the 1%salary increase
effective January 1, 1995.17he California Nurses Association, IAFF Local 1230, and the
Union of American Physicians and Dentists are exluded from these wage increases and
subvention calculations. The savings shall be computed on a per cap basis as follows:
a. The County's "original cost" shall be computed by adding together the gross subvention
for each represented employee in 1st Choice for the month of 10-01-93, the sum then
increased by 14%.
b. The County's "current cost" shall be computed by adding together the gross subven-
tions of each represented employee who transferred from 1st Choice to QualMed, for
the month 10-01-94.
c. The amount of money to be provided as additional monthly salary increases shall be the
"original cost" minus the "current cost" minus the monthly cost of the 20 level wage
increases.
2. Coverages Offered
Effective February 1, 1994, the County will offer medical plans including Contra Costa
Health Plan(CCHP), Kaiser, QualMed, Delta Dental, and Safeguard Dental.
3. Health Plan Subvention
Effective 2/1/94:
CCHP = County share 98%
QualMed/Kaiser HMO's = County Share 79%
QualMed PPO = County share 77% to October 31, 1994.
Delta Dental = Increase annual maximum benefit per member from $1,000 to $1,200.
4. Kaiser Coaays
Effective February 1, 1994:
Kaiser Office Visit= $3.00; Kaiser Drugs = $3.00
5. Future OualMed PPO Increases
Effective November 1, 1994, the County and Coalition members will equally share(50/50)
the amount of any premium increases.
6. Health Plan Review Committee
The County proposal for a labor/management health plan review committee is accepted.
The Committee shall be comprised of five reps of the Coalition and up to five reps of
management and shall review changes in rates and benefits and if the committee decides it
is advisable to meet with a health plan provider, such contact shall be initiated by the
chairperson.
7. Wellness
The County proposal on Wellness presented 1/6/94 is accepted and is effective February 1,
1994.
8. Indemnification
The County will indemnify all unions in the Coalition in actions brought regarding
termination of the 1st Choice Health Plan.
9. Runout
The County agrees to assume all runout costs associated with termination of the 1st Choice
Health Plan.
10. Open Enrollment
Open Enrollment on a one-time basis shall be January, 1994, through February, 1994, and
shall subsequently be in November of each year.
Dated: January 13, 1994 '
For the County- For theCoalitior�
Mc
A6-4�17 LI-I"6c• /G�'
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COUNTY PROPOSAL ON WELLNESS
(Presented to Coalition 1/6/94)
- WELLNESS -
The Labor/Management Healthy Lifestyle Committee shall continue for the duration
of this agreement. In cooperation with the County Employee Wellness Program, the
Committee will address issues including, but not limited to:
• Identify at least one health/wellness issue during each quarter which can be
addressed through the resources of one of the health care providers.
• Target specific health/wellness issues such as smoking cessation,
hypertension, stress reduction and weight control, which can be addressed
in long-term programs.
• Establish a program of seminars, meetings and orientations on
health/wellness/fitness topics of interest and use to County employees.
• Evaluate the feasibility of no-cost work-site screening for health/wellness
awareness conducted by one or more of the health care providers.
• Dedicate a portion of each union's newsletter space and news releases to
wellness issues as information and encouragement for employees.
• Through the Contra Costa Club, set up a program of one-time screening to
assess employees' physical fitness and assist employees in establishing an
individual fitness program.
• Expand the current Health Fair program.