HomeMy WebLinkAboutMINUTES - 05231995 - FPD.2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 23, 1995 by the following vote:
AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
I
Approval of Memorandum. of }
Understanding between )
Teamsters Local 315 and )
East Diablo Fire District ) Resolution No. 95/275
Representatives of East Diablo Fire Protection District and Teamsters Local 315
having met and conferred and reached agreement regarding wages, benefits and
terms and conditions of employment for full-time fire suppression employees of
the District; and
The Employee Relations Manager having submitted a .Memorandum of
Understanding between the East Diablo Fire District and the East Diablo
Firefighters Unit which reflects all negotiated agreements rendered between the
District and the East Diablo Firefighters Unit for the contract period May 1 , 1995
and December 31 , 1997 and which is attached hereto with Section numbers 1
through 18 inclusive and attachments incorporated herein as if set forth in full
made applicable to the represented employees; and
The County Administrator having recommended the agreement and the Board
having considered the 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:
I . The attached Memorandum of Understanding is approved effective May 1 ,
1995.
2. If an Ordinance(s) is required to implement any of the provisions of the
Memorandum of Understanding, the Board of Supervisors will adopt said
Ordinance(s).
1 hereby certify that this Is a true and correct COPY of
cc: Human Resources-Labor Relations an action taken and entered on the minutes of the
Auditor•controller Board of Supervi rs on the date shown.
East Diablo Fire District via HR 9 K"
Teamsters Local 315 via HR ATTESTED: ii
PHIL BAT R,CI rk of the Board
Of rvisors an unty Adistrator
By - ,Deputy
51 f
Contra ��� �� Human Resources
Costa �l..,� Department
���X14 ;r
COuI t
} Third Floor,Administration Bldg.
n`y jos\ r~�� 651 Pine Street
' C Martinez,California 94553-1292
(510)646-4064
Leslie T.Knight
Director of Human Resources
May 16, 1995
Dale Robbins, President
Teamsters Local 31 5
P.O. Box 3010
Martinez, California 94553
RE: SIDE LETTER ON HEALTH AND DENTAL PLAN ENROLLMENT
Dear Dale:
This Side Letter is confirmation of agreement reached between the County and
Local 315 regarding the participation by members of the East Diablo Fire
Protection Unit in the County Group Health and Dental Plans. We have agreed
that during the life of the current Memorandum of Understanding through
December 31 , 1997, permanent employees of the District represented by your
bargaining unit may, effective July 1 , 1995 elect from available family or single
coverage(s) on a fully member paid basis without any District subvention of
premium. Enrollment in any plan also includes a $3000 term life insurance
policy.
Under this agreement, employees may select to enroll in any of the following
options:
1 . Medical coverage only - single or family
Z. Dental coverage only - single or family
3. Medical and Dental coverage - single or family
4. Single medical and family dental coverage
Presently, employees have three options for medical coverage: the Contra Costa
Health Plan, the Kaiser Health Plan or the Health Net Plan. The Health Net Plan
option offers both a Health Maintenance Organization and Preferred Provider
Organization option, QualMed PPO. Employees may elect either option.
Employees also have three options for dental coverage: Delta Dental, Safeguard
Plan A or Safeguard Plan B.
Monthly premiums will be automatically deducted from each monthly paycheck.
Enrollment will be for a 30 day period during the month of ,July 1995, with
coverage beginning August 1 , 1995. All member enrollment forms must be
returned to the Human Resources Department Benefits Service Unit not later
than duly 31 , 1995. Failure to meet this deadline will require that the employee
wait until the next available open enrollment period.
Fire District employees will be subject to the same Health Plan enrollment
provisions as County employees, including a 30 day limitation: from date of
marriage to add a spouse or any new dependents; from the date of birth to add
a new baby; from the date of return from leave of absence to re-enroll and from
the date the employee experiences a status change (i.e. divorce).
If the foregoing conforms to your understanding, please indicate your approval
and acceptance in the space provided below.
FOR THE COUNTY FOR HE FIRE DISTRICT
FO E UNION
DATE S/fib Af
^J ti
Contra `? Human Resources
Department
Costa
CoI I nth/ ,•, A3_ v��° Third Floor,Administration Bldg.
It )l ��SrA cOOKOR"
651 Pine Street
Martinez,California 94553-1292
(510)646-4064
Leslie T.Knight
Director of Human Resources
DATE: May 10, 1995
TO: Phil Batchelor, County Administrator
Attn: Terry McGraw, Deputy County Administrator
FROM: Richard Heyne, Labor Relations Manager
SUBJECT: Agenda Item - 5/23/95 Consent Calendar
(Approval of 95/97 MOU with Teamsters Local 31 5)
Please place the attached Resolution and MOU on the Board agenda for approval
and adoption on May 23, 1995. The action is necessary to adopt the recently
negotiated three year contract between the East Diablo Fire Protection District
and Teamster Local 315 which represents the 17 member Fire Protection Unit
composed of full-time fire suppression employees.
It is important to adopt this MOU in the month of May in order to implement the
contract provision granting a salary increase to the employees effective May 1 ,
1995.
This MOU is the initial agreement for this bargaining unit and is the result of
negotiations begun in 1994. The contract duration is for the period May 1 , 1995
through December 31 , 1997. Essential contract elements are:
1 . Wages
5/1 /95: 2.5% and convert hourly to monthly pay
7/1/95: 5.5%
1/1/96: 2.0%
1/1/97: 2.0%
2. Benefits
Sick Leave - 8 hours accruals per month.
• Vacation - 80 hours paid vacation per year.
• Floating Holidays - 16 hours per year.
2. Benefits (continued)
• Uniform Allowance - $25 per month.
• Safety Retirement - Effective 7/1/95.
3. Terms and Conditions of Employment
• Agency Shop - Mandatory Union dues or service fee.
• Grievance Procedure - Includes binding arbitration.
• Conversion from 40 to 56 hours - Agreement to begin
process on station-by-station basis during MOU.
• Administrative Bulletins - Standardized and included in
agreement.
31 Smou/j
cc:Bili Ray-Agenda review
MEMORANDUM OF UNDERSTANDING
BETWEEN
EAST DIABLO FIRE PROTECTION DISTRICT
AND
TEAMSTERS LOCAL 315
EAST DIABLO FIREFIGHTERS UNIT
MAY 11 1995 - DECEMBER 31 , 1997
TABLE OF CONTENTS
SECTION 1 UNION RECOGNITION . . . . . . . . . . . . . . . . . . . . . . 3
SECTION 2 UNION SECURITY
2.1 Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.2 Agency Shop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.3 Comcunicating With Employees . . . . . . . . . . . . . . 12
2.4 Use of District Buildings . . . . . . . . . . . . . . . . . . . 14
2.5 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2.6 List of Employees With Dues Deductions . . . . . . 15
2.7 Assignment of Classes to Bargaining Units . . . . . 15
2.8 Written Statement for New Employees . . . . . . . . 16
2.9 Modification & Decertification . . . . . . . . . . . . . 17
SECTION 3 NO DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . 18
SECTION 4 OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings . . . . . . . . . . . . . . . . .. . . . 18
4.2 Union Representatives . . . . . . . . . . . . . . . . . . . . . 20
SECTION 5 SALARIES
5.1 Salary Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
5.2 Pay Warrant Errors . . . . . . . . . . . . . . . . . . . . . . . . 21
SECTION 6 OVERTIME
6.1 Overtime Recall List . . . . . . . . . . . . . . . . . . . . . . . 21
6.2 Call Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
SECTION 7 SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
SECTION 8 VACATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
SECTION 9 FLOATING HOLIDAY . . . . . . . . . . . . . . . . . . . . . . 23
SECTION 10 UNIFORM ALLOWANCE . . . . . . . . . . . . . . . . . . . . 23
SECTION 1 1 RETIREMENT COVERAGE . . . . . . . . . . . . . . . . . . 24
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SECTION 12 NO STRIKE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
SECTION 13 UNFAIR LABOR PRACTICE . . . . . . . . . . . . . . . . . . 25
SECTION 14 ADOPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
SECTION 15 FIRE DISTRICT ADMINISTRATIVE BULLETINS . . 26
SECTION 16 CONVERSION TO 56 HOUR WORK SCHEDULE 27
SECTION 17 LEAVE OF ABSENCE
17.1 Leave Without Pay . . . . . . . . . . . . . . . . . . . . . . . . 27
17.2 General Administration . . . . . . . . . . . . . . . . . . . . 27
17.3 Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
17.4 Family Care or Medical Leave . . . . . . . . . . . . . . . . 30
17.5 Pregnancy Disability Leave . . . . . . . . . . . . . . . . . 34
17.6 Leave of Absence Replacement & Reinstatement 35
17.7 Reinstatement From family Care Medical Leave . 35
17.8 Unauthorized Absence . . . . . . . . . . . . . . . . . . . . . 35
SECTION 18 SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISIONS
18.1 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . 35
18.2 Separability of Provisions . . . . . . . . . . .. . . . . . . . . 36
18.3 Duration of Agreement . . . . . . . . . . . . . . . . . . . . . 36
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MEMORANDUM OF UNDERSTANDING
BETWEEN .
EAST DIABLO FIRE PROTECTION DISTRICT
AND
TEAMSTERS LOCAL 315
EAST DIABLO FIREFIGHTERS UNIT
This Memorandum of Understanding (MOU) is entered
into pursuant to the authority contained in Board of
Supervisors Resolution 81 /1 165 and has been jointly
prepared by the parties.
The Employee Relations Officer (County Administrator)
is the representative of the Contra Costa County Board
of Supervisors in its capacity as ex-officio Governing
Board of the East Diablo Fire Protection District as
provided in Board 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 the
East Diablo Firefighters Unit and have freely
exchanged information, opinions and proposals and
have endeavored to reach agreement on matters
relating to the employment conditions and employer-
employee relations covering such employees.
When a specific provision contained in a section of this
MOU conflicts with a specific directive of the Fire
district, the provision of this MOU shall prevail.
This MOU shall be presented to the Contra Costa
County Board of Supervisors in its capacity as ex-
officio Governing Board of the East Diablo Fire
Protection District as the joint recommendation of the
undersigned for salary and employee benefit
adjustments for the period beginning May 1 , 1995 and
ending December 31 , 1997.
In the event provisions of this MOU contradict any
resolution, administrative bulletin or personnel rules
of the County or District, the terms of this MOU shall
prevail.
DEFINITIONS:
A. Appointing Authority: Fire Chief unless
otherwise provided by statute or ordinance or
other action by the Board of Supervisors.
B. 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.
C. Class Title: The designation given to a class, to
each position allocated to the class, and to the
employees allocated to the class.
D. County: Contra Costa County.
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E. District: East Diablo Fire Protection District.
F. Eligible: Any person whose name is on an
employment list for a given class.
G. Employment List: A list of persons, who have
been found qualified for employment in a specific
class.
H. Position: The assigned duties and responsibilities
calling for the regular full-time, part-time or
intermittent employment of a person.
I. Resignation: The voluntary termination of
permanent employment with the District.
J. Union: Teamsters Local 315 .
SECTION 1 - UNION RECOGNITION
The Union is the formally recognized employee
organization for the East Diablo Firefighters 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.
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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 MOU and
continuing until the termination of the MOU,
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 MOU. 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:
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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 employee labor
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 .6.2 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 MOU and
continuing until the termination of the MOU,
shall as a condition of employment either:
1 . remain a member of the Union or;
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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 MOU. 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 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 Sec. 2.2 .13.2
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.
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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 MOU within
one month from the date it is approved and
annually thereafter, and as a condition to any
change in the agency shop fee. Failure by 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 2.2.6.2 shall not apply during periods
that an employee is separated from the
Firefighter 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 U.S. Department of
Labor. Such report (Form LM2) 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
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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 (3 0) 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
2.2.6.3 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
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objector and the Union contests the
validity of the 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 MOU.
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 MOU by the
County Board of Supervisors.
9
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 MOU 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 recision, 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.
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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 Firefighter 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
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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 MOU, 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 District buildings or in
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 Union appropriately posts and removes the
information. The Appointing Authority reserves the
right to remove objectionable materials.
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Representatives of the Union, not on District time,
shall be permitted to place a supply of employee
literature at specific locations in District buildings if
arranged through the Employee Relations Officer; said
representatives may distribute employee organization
literature in areas designated by the Appointing
Authority 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;
d. to represent an employee on a grievance,
and/or to contact a union officer on a matter
within the scope or representation.
In the application of this provision, it is agreed and
understood that in each such instance advance
arrangements, including disclosure of which of the
above purposes is the reason for the visit, will be
made with the Appointing Authority or designee and
the visit will not interfere with the District's services.
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2.4 Use of District Buildings. The Union shall be
allowed the use of areas normally used for meeting
purposes for meetings of District employees during
non-work hours when:
a. such space is available and its use by the
Union is scheduled twenty-four (24) hours in
advance;
b. there is no additional cost to the District;
C. it does not interfere with normal District
operations;
d. employees in attendance are not on duty and
are not scheduled for duty;
e. the meetings are on matters within the scope
or 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 District(s) equipment (other than
items normally used in the conduct of business
meetings, such as desks, chairs, ashtrays, and
blackboards) is prohibited, even though it may be
present in the meeting area.
2.5 Notice. The Union shall, except in cases of
emergency, have the right to reasonable notice of any
ordinance, rule, resolution or regulation directly
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relating to matters within the scope or representation
proposed to be adopted by the Board, or boards and
commissions designated by the Board, and to meet
with the body considering the matter.
The listing of an item on a public agenda, or the
mailing of a copy of a proposal at least seventy-two
(72) hours before the item will be heard, or the
delivery of a copy of the proposal at least twenty-four
(24) hours before the item will be heard, shall
constitute notice.
In cases of emergency when the Board, or boards and
commissions designated by the Board determines it
must act immediately without such notice or meeting
it shall give notice and opportunity to meet as soon as
practical after its action.
2.6 List of Employees with Dues Deduction. The
District shall provide the Union with , a monthly list of
employees who are paying dues to the Union.
2.7 Assignment of Classes to Bargaining Units.
The Employee Relations Officer 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
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reasonable period of time shall notify all
recognized employee organizations of the
determination.
b. Final Determination: The Employee Relations
Officer's determination is final unless within
ten days after notification a recognized
employee organization requests in writing to
meet and confer thereon.
C. Meet and Confer and Other Steps: The
Employee Relations Officer shall meet and
confer with such requesting organizations
(and with other recognized employee
organizations where appropriate) to seek
agreement on this matter within sixty days
after the ten-day period in subsection b.
above, unless otherwise mutually agreed.
Thereafter, the procedures in cases of
agreement and disagreement, arbitration
referral and expenses, and criteria for
determination shall conform to those in
subsections (d) through (i) of . Section 34-
12.008 of Resolution 81 /1165 .
2.8 Written Statement for New Employees. The
District will provide a written statement to each new
employee hired into a classification in any of the
bargaining units 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
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information which has been supplied by the Union and
approved by the County.
2.9 Modification & Decertification. For the
duration of this MOU, the following shall apply:
Resolution 81 /1 165 Section 34-12.008 - Unit
Determination (a) shall be modified in the first
paragraph to delete the ten percent requirement for
an employee organization intervening in the unit
determination process and substitute therefore a
thirty percent requirement.
Resolution 81/1165 165 Section 34-12.012 - Election
Procedure (b) shall be modified in the first paragraph
to delete the ten percent requirement for any
recognized employee organization(s) to appear on the
ballot and substitute therefore a thirty percent
requirement.
Resolution 8111165 Section 34-12.016 Modification of
Representation Units shall be modified in the first
sentence by adding words to the effect of "most
recent" to the date of determination. This section shall
be modified in the second sentence to require that
petitions for modification of a representation unit be
filed during a period of not more than one hundred
and fifty days nor less than one hundred and twenty
days prior to the expiration of the MOU in effect. The
last sentence of this section shall be modified so that
modification of a representation unit shall not negate
the term of an existing MOU between the District and
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the recognized employee organization of the unit prior
to the modification proceedings.
Resolution 8J /11 65 Section 34-12.018 Decertification
Procedure shall be modified in the first sentence by
adding words to the effect of "most recent" to the date
of formal recognition and by requiring the petition be
submitted during a period of not more than one
hundred and fifty days nor less than one hundred and
twenty days prior to the expiration of the MOU in
effect.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race,
creed, color, national origin, sex, sexual orientation or
union activities against any employee or applicant for
employment by the District or by anyone employed by
the District; and to the extent prohibited by applicable
State and Federal law, there shall be no discrimination
because of age. There shall be no discrimination
against any handicapped person solely because of
such handicap unless that handicap prevents the
person from meeting the minimum standards
established for a position or from carrying out the
duties of the position safely.
SECTION 4 - OFFICIAL REPRESENTATIVES
4. 1 Attendance at Meetings. Employees
designated as official representatives of the Union
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shall be allowed to attend meetings held by
County/District agencies during regular working hours
on District time as follows:
a. if their attendance is required by the District
or County at a specific meeting;
b. if their attendance is sought by a hearing
body for presentation of testimony or other
reasons;
C. if their attendance is required for meeting
required for settlement of grievances;
d. if they are designated as an official
representative, in which case they may utilize
a reasonable time at each level of the
proceedings to assist an employee to present
a grievance;
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 Appointing Authority;
f. if their attendance does not conflict with Fire
District emergency operations.
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4.2 Union Representative. Official representatives
of the Union shall be allowed a reasonable amount of
time off 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, and that advance
arrangements for the time away from the work station
or assignment are made with the Appointing Authority
and their attendance does not conflict with Fire District
emergency operations.
SECTION 5 - SALARIES
5.1 Salary Rates. Effective on the dates indicated,
base monthly salary for classes in the East Diablo
Firefighters Unit shall be in accordance with the
County's Basic Salary Schedule as follows:
Class 5/1 /95 7/1 /95
Fire Captain C1 1216 ($1863) C1 1270 ($1966)
Sr. Firefighter C1 1119 ($1691 ) C1 1172 ($1783)
Firefighter C1 1064 ($1600) C1 1118 ($1689)
Class 1 /1 /96 1 /1 /97
Fire Captain C1 1290 ($2006) C1 1310 ($2046)
Sr. Firefighter C1 1192 ($1819) C1 1212 ($1855)
Firefighter C1 1138 ($1723) C1 1157 ($1756)
Effective 5/1 /95 the $80 per month Administrative
differential for Fire Captain is discontinued.
In accordance with requirements of the County payroll
system, timekeeping for permanent employees' time
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worked and time off will be accounted for in minimum
1 /2 hour (30 minute) increments.
5.2 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 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.
SECTION 6 - OVERTIME
Overtime is authorized time worked outside 40 hours
per week. Overtime shall be compensated for at the
rate of one and one-half (1 -1 /2) times the employee's
hourly rate of pay. Overtime for permanent employees
is earned and credited in minimum 112 hour
increments.
6.1 Overtime Recall List. Provisions of Fire
District Administrative Bulletin 230 shall apply.
6.2 Call Back. Employees called back for work
performed outside their regular work schedule shall be
compensated at the appropriate straight time or
overtime rate of pay for time actually worked with a.
minimum of one hour pay. This minimum does not
apply when an employee is called back and reports to
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work less than one hour before the beginning of the
employee's regular shift.
SECTION 7 - SICK LEAVE
Effective May 1 , 1995 sick leave credits shall accrue at
the rate of eight (8) working hours credit for each
completed month of service. Employees who work a
portion of a month are entitled to a pro rata share of
the monthly sick Leave credit completed on the basis
as is partial month compensation.
Credits to and charges against sick leave are made in
minimum amounts of 1 /2 hour (30 minute)
increments. Unused sick leave credits accumulate from
year to year.
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 District and may be used only as
authorized and in accordance with District
Administrative Bulletin No. 240 (Sick Leave).
SECTION 8 - VACATION
Effective May 1 , 1995 employees will accrue vacation
credits based upon . straight time hours of working
time per calendar month. Accrual shall be at the rate
of 6.67 hours per month.
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r
Accruals will accumulate month to month to a
maximum of 160 hours. Accruals for portions of a
month shall be in minimum amounts of one (1 ) hour
calculated on the same basis as for partial month
compensation.
Vacation credits may be taken in 1 /2 hour (30 minute)
increments but none shall be allowed in excess of
actual accrual at the time vacation is taken.
All provisions of District Administrative Bulletin No.
260 (Vacation) shall apply.
SECTION 9 - FLOATING HOLIDAY
Effective May 1 , 1995 employees shall accrue floating
holiday credits at the rate of 1 . 33 hours per month.
Accruals will accumulate month to month to a
maximum, of 16 hours. Floating holiday accruals will
otherwise be administered and utilized under
conditions identical to vacation accruals, except that
effective July 1 , 1996 and every .duly 1 thereafter,
unused floating holiday accrual balances will return to
zero.
SECTION 10 - UNIFORM ALLOWANCE
Effective with pay warrants issued on May 10, 1995
and monthly on the l 0th pay thereafter, all members
of the Unit shall be paid a uniform allowance of $25.
This allowance shall be for the purchase and
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maintenance of uniform clothing described in District
Administrative Bulletin No. 140 (Uniform) except that
current employees shall be granted a 90 day period
from the effective date of this MOU to fully comply
with duty uniform standards contained therein.
SECTION 1 1 - RETIREMENT COVERAGE
Effective duly 1 , 1995 all members of the Unit shall be
enrolled as Safety members in the County Retirement
Plan. Members shall not be included in the OASDI
portion of Social Security but shall be required to
contribute 1 .45% of applicable earnings per month to
Medicare as per regulations.
Pursuant to Government Code Section 31581 . 1 the
District will pay fifty percent (50%) of the retirement
contributions normally required of employees. Such
payments shall continue for the duration of this MOU,
May 1 , 1995 to December 31 , 1997. Employees shall
be responsible for payment of the employee's
contribution for the retirement cost of living program
as determined by the Board of Retirement of the
Contra Costa County Employee's Retirement
Association without the County paying any part of the
employee's share. The County will pay the remaining
one-half (1 /2) of the retirement cost-of-living program
contribution.
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SECTION 12 - NO STRIKE
During the term of this MOU, the Union, its members
and representatives, agree that it and they will not
engage in, authorize, sanction or support any strike,
slowdown, refusal to perform customary duties,
stoppage of work or sickout against the District.
SECTION 13 - UNFAIR LABOR PRACTICE
Either the District/County or the Union may file an
unfair labor practice as defined in Chapter 34-22 of
Resolution 81 /1 165 against the other. Allegations of
an unfair labor practice, if not resolved in discussions
between the parties, may be heard by a mutually
agreed upon impartial third party.
SECTION 14 - ADOPTION
The provisions of this MOU shall be made applicable
on the dates indicated and upon approval by the Board
of Supervisors. Resolutions and Ordinances, where
necessary, shall be prepared and adopted in order to
implement these provisions. It is understood that
where it is determined that an Ordinance is required to
implement any of the foregoing provisions, said
provisions shall become effective upon the first day of
the month following thirty (30) days after such
Ordinance is adopted.
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SECTION 15 - FIRE DISTRICT ADMINISTRATIVE
BULLETINS
For the purposes of this MOU, all Fire District
Administrative Bulletins listed below are incorporated
by reference into this MOU and are made a part hereof
as if fully set forth herein.
Subject Admin. Bulletin No.
Health & Welfare
Personnel Protective Equip. Use 100
Personnel Regulations 110
Harassment 120
Safety 130
Uniforms 140
Work Scheduling
Pay Periods 200
Time Cards 220
Shift Calendar Recall 230
Sick Leave 240
Trades 250
Vacation 260
Maint. of Personnel Records 270
Status
Probation 300
Grievance Procedure 310
Disciplinary Actions 320
Resignations 330
Promotions 340
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It is understood and agreed that the Administrative
Bulletins referenced herein, as well as other
administrative bulletins which fall within the scope of
representation, are subject to change from time to
time in accordance with the operational needs of the
District and subject to meeting and conferring with the
Union.
SECTION 16 - CONVERSION TO 56 HOUR WORK
SCHEDULE
The District agrees to meet and confer upon request
during the life of this contract on limited staffing
realignments proposed by either the District or the
Union which are within existing budget limitations and
which will initiate the conversion from 40 hour
coverage to 56 hour coverage on a station-by-station
basis.
SECTION 17 - LEAVE OF ABSENCE
17.1 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, pregnancy disability, serious health
conditions, and family care shall be granted in
accordance with applicable state and federal law.
17.2 General Administration - Leaves of Absence.
Requests for leave of absence without pay shall be
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made upon forms prescribed by the District and shall
state specifically the reason for the request, the date
when it is desired to begin the leave, and probable
date of return.
Leave without pay may be granted for any of the
following reasons:
a. Illness, disability, or serious health condition;
b Pregnancy or pregnancy disability;
C. Family care;
d. To take a course of study such as will increase
the employee's usefulness on return to the
position;
e. For other reasons or circumstances acceptable
to the Appointing Authority.
An employee must request family care leave at least
30 days before the leave is to begin if the need for the
leave is foreseeable. If the need is not foreseeable, the
employee must provide written notice to the employer
within five (5) days of learning of the event by which
the need for family care leave arises.
A leave without pay must be for a period not to exceed
one (1 ) year, provided the appointing authority may
extend such leave for additional periods. The
procedure in granting extensions shall be the same as
that in granting the original leave provided that the
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request for extension must be made not later than
thirty (30) calendar days before the expiration of the
original leave.
Nevertheless, a leave of absence for the employee's
serious health condition or for family care shall be
granted to an employee who so requests it for up to
18 weeks in each calendar year period in accord with
Section 17.4 below.
Whenever an employee who has been granted a leave
without pay desires to return before the expiration of
such leave, the employee shall submit a request to the
appointing authority in writing at least fifteen (15)
days in advance of the proposed return. Early return is
subject to prior approval by the Appointing Authority.
Except in the case of leave of absence due to family
care, pregnancy, pregnancy disability, illness, disability,
or serious health condition, the decision of the
Appointing Authority granting or denying leave or
early return from leave shall be final and not subject to
appeal through the grievance procedure set forth in
this MOU.
17.3 Military Leave. Any employee in the Fire
District 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
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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 be reason of such absence, suffer any loss of
benefits, nor shall the employee be prejudiced thereby
with reference to salary adjustments or continuation of
employment. For purposes of determining eligibility
for salary adjustments or seniority in case of Layoff or
promotional examination, time on military leave shall
be considered as time in District 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.
17.4 Family Care Leave or Medical Leave. Upon
request to the appointing authority, in each calendar
year any employee who has permanent status shall be
entitled to at least eighteen (18) weeks (less if so
requested by the employee) leave for:
a. medical leave of absence for the employee's
own serious health condition which makes the
employee unable to perform the functions of
the employee's position; or
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b. family care leave of absence without pay for
reason of the birth of a child of the employee,
the placement of a child with an employee in
connection with the adoption or foster care of
the child by the employee, or the serious
illness or health condition of a child, parent,
spouse, or domestic partner of the employee.
The employee may be asked to provide certification of
the need for family care leave or medical leave.
Additional period(s) of family care or medical leave
may be granted by the Appointing Authority.
The 18 weeks' entitlement may be in broken periods,
intermittently on a regular or irregular basis, or may
include reduced work schedules depending on the
specific circumstances and situations surrounding the
request for leave. The 18 weeks may include use of
appropriate available paid leave accruals when accruals
are used to maintain pay status, but use of such
accruals is not required beyond that specified in
Section 7 below. When paid leave accruals are used for
a medical or family care leave, such time shall be
counted as a part of the 18 week entitlement.
In the situation where husband and wife are both
employed by the District, the family care or medical
leave entitlement based on the birth, adoption or
foster care of a child is limited to an aggregate for
both employees together of 18 weeks during each
calendar year period. Employees requesting family care
leave are required to advise their appointing
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authority(ies) when their spouse is also employed by
the District.
For medical and family care leaves of absence under
this section, the following definitions apply:
a. Child: A biological, adopted, or foster child,
stepchild, legal ward, conservatee or a child
who is under 18 years of age for whom an
employee stands in loco parentis or for whom
the employee is the guardian or conservator
or an adult dependent child of the employee.
b. Parent: A biological, foster, or adoptive parent,
a stepparent, legal guardian, conservator, or
other person standing in loco parentis to a
child.
C. Souse: A partner in marriage as defined in
California Civil Code Section 4100.
d. Domestic Partner: An unmarried person,
eighteen (18) years or older, to whom the
employee is not related and with whom the
employee resides and shares the common
necessities of life.
e. Serious health condition: An illness, injury,
impairment, or physical or mental condition
which warrants the participation of a family
member to provide care during a period of
treatment or supervision and involves either
inpatient care in a hospital, hospice or
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residential health care facility or continuing
treatment or continuing supervision by a
health care provider (eg. physician or surgeon)
as defined by state and federal law.
f. Certification for Family Care Leave: A written
communication to the employer from a health
care provider of a person for .whose care the
leave is being taken which need not identify
the serious health condition involved, but
shall contain:
1 . the date, if known, on which the serious
health condition commenced;
2 . the probable duration of the condition;
3 . an estimate of the amount of time which
the employee needs to render care or
supervision;
4. a statement that the serious health
condition warrants the participation of a
family member to provide care during a
period of treatment or supervision;
S . if for intermittent leave or a reduced work
schedule leave, the certification. should
indicate that the intermittent leave or
reduced leave schedule is necessary for
the care of the individual or will assist in
their recovery, and its expected duration.
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g. Certification for Medical Leave: A written
communication from a health care provider of
an employee with a serious health condition
or illness to the employer, which need not
identify the serious health condition involved,
but shall contain:
1 . the date, if known, on which the serious
health condition commenced;
2 . the probable duration of the condition;
3 . a statement that the employee is unable
to perform the functions of the
employee's job;
4. if for intermittent leave or a reduced work
schedule leave, the certification should
indicate the medical necessity for the
intermittent leave or reduced leave
schedule and its expected duration;
h. Comparable Position: A position with the same
or similar duties and pay which can be
performed at the same or similar geographic
location as the position held prior to the
leave.
17.5 Pregnancy Disability Leave. Insofar as leave
is taken for pregnancy disability as required under
state or federal laws that leave period will not be
considered a part of the 18 week family care leave
period.
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17.6 Leave of Absence Replacement and
Reinstatement. Any permanent employee who
requests reinstatement to the classification held by
the employee at the same time the employee was
granted a leave of absence, shall be reinstated to a
position in that classification.
17.7 Reinstatement from Family are Medical
Leave. In the case of a family care or medical leave, an
employee on a full schedule shall be reinstated to the
same or comparable position if the return to work is
after no more than 90 work days of leave from the
initial date of a continuous leave, including use of
accruals, or within the equivalent on an alternate work
schedule.
17.8 Unauthorized Absence. An unauthorized
absence from the work site or failure to report for duty
after a leave request has been disapproved, revoked,
or cancelled by the appointing authority, or at the
expiration of a leave, shall be without pay. Such
absence may also be grounds for disciplinary action.
SECTION 18 - SCOPE OF AGREEMENT &
SEPARABILITY OF PROVISIONS
18.1 Scope of Agreement. Except as otherwise
specifically provided herein, this MOU represents the
full and complete incorporation of those proposals
which were considered and evaluated pursuant to the
meet and confer process. This MOU constitutes the
entire and sole agreement between the Parties on any
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and all matters which were presented during the meet
and confer process. If a proposal was made by either
Party and not incorporated within this Agreement, then
it was considered and rejected.
18.2 Separability of Provisions. Should any
section, clause or provision of this MOU 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 MOU.
18.3 Duration of Agreement. This Agreement shall
continue in full force and effect from May 1 , 1995 to
and including December 31 , 1997.
DATE:
GENERAL TRUCK DRIVERS,
WAREHOUSEMEN & HELPERS
TEAMSTERS LOCAL 315 CONTRA COSTA COUNTY
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