HomeMy WebLinkAboutMINUTES - 06061995 - 1.56 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on i June 6, 1995 by the following vote:
AYES: SUPERVISORS: ROGERS, SMITH, DESAULNIER, TORLAKSON and BISHOP
NOES: None
ABSENT: None
ABSTAIN: None
Approval of Memorandum )
of Understanding with )
AFSCME, Local 2700 ) Resolution No. 95/235
The Contra Costa County Board of Supervisors RESOLVES THAT:
1 . On August 9, 1994 the Labor Relations Manager submitted a Letter of
Understanding dated June 24, 1994 which reflected all negotiated
agreements reached between the parties on terms and conditions of
employment affecting employees represented by the AFSCME, Local 2700.
2. This Board having thoroughly considered said Memorandum of
Understanding, the same is approved.
3. Salaries and Terms and Conditions of Employment. AFSCME, Local 2700.
The Memorandum of Understanding with AFSCME, Local 2700 is attached
hereto, and Sections 1 through 59 inclusive and Attachments are
incorporated herein as if set forth in full and made applicable to the
represented employees.
4. If an Ordinance(s) is required to implement any of the foregoing
provisions, the Board of Supervisors will adopt said Ordinance(s).
5. This Resolution is effective as of October 1 , 1993.
1 hereby certify that this Is a true and correct Copy of
an action taken and entered on the minutes of the
Board of Supervisors on t�sQhoa�m
TMA AV TEb: [LOA Clirk of tFre B�
Su and min
Orig.Dept.Human Resources(6-4144)
cc: Auditor-Controller
Labor Relations Service Unit
Operating Departments
AFSCME,Local 2700
' 1 �
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
UNITED CLERICAL, TECHNICAL
& SPECIALIZED EMPLOYEES
AFSCM E LOCAL 2 700
OCTOBER 1 , 1993 - SEPTEMBER 30, 1995
TABLE OF CONTENTS
SECTION 1 UNION RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SECTION 2 UNION SECURITY
2.1 Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.2 Agency Shop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.3 Maintenance of Membership . . . . . . . . . . . . . . . . . . . . . . . 10
2.4 Union Dues Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2.5 Withdrawal of Membership . . . . . . . . . . . . . . . . . . . . . . . . 12
2.6 Communicating With Employees . . . . . . . . . . . . . . . . . . . 12
2.7 Use of County Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2.8 Advance Notice . . . . . . . . 14
2.9 Written Statement for New Employees . . . . . . . . . . . . . . . 15
2.10 Section 22 of 1977/79 MOU . . . . . . . . . . . . . . . . . . . . . . . 15
2.11 P.E.O.P.L.E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
SECTION 3 NO DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
SECTION 4 SHOP STEWARDS & OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . 16
4.2 Union Representatives . . . . . . . . . . . . . . . . . . . . . . . . .. . . 18
4.3 Release Time for Training . . . . . . . . . . . . . . . . . . . . . . . . . 18
SECTION 5 SALARIES
5.1 General Wage Increases . . . . . . . . . . . . . . . . . . . . . . . . . . 18
5.2 Pay Equity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
5.3 Entrance Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
5.4 Certification Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
5.5 Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
5.6 Increments Within Range . . . . . . . . . . . . . . . . . . . . . . . . . 24
5.7 Part-Time Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . 25
5.8 Compensation for Portion of Month . . . . . . . . . . . . . . . . . 26
5.9 Position Reclassification . . . . . . . . . . . . . . . . . . . . . . . . . . 26
5.10 Salary Reallocation & Salary on Reallocation . . . . . . . . . . 27
5.11 Salary on Promotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
5.12 Salary on Involuntary Demotion . . . . . . . . . . . . . . . . . . . . 29
5.13 Salary on Voluntary Demotion . . . . . . . . . . . . . . . . . . . . . 30
5.14 Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
5.15 Pay for Work in Higher Classification . . . . . . . . . . . . . . . . 31
5.16 Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
5.17 Pay Warrant Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
- i -
SECTION 6 DAYS & HOURS OF WORK . . . . . . . . . . . . . . . . . . . . . . . . 35
SECTION 7 OVERTIME & COMPENSATORY TIME
7.1 Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 35
7.2 Compensatory Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
7.3 Fair Labor Standards Act Provisions . . . . . . . . . . . . . . . . . 39
SECTION 8 CALL BACK TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
SECTION 9 ON-CALL DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
SECTION 10 SHIFT DIFFERENTIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
SECTION 11 WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT
11 .1 Workforce Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
11 .2 Separation Through Layoff . . . . . . . . . . . . . . . . . . . . . . . . 44
11 .3 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
11 .4 Special Employment Lists . . . . . . . . . . . . . . . . . . . . . . . . . 50
11 .5 Reassignment of Laid Off Employees . . . . . . . . . . . . . . . . 50
11 .6 Further Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
SECTION 12 HOLIDAYS
12.1 Holidays Observed . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
12.2 Application of Holiday Credit . 52
12.3 Permanent Part-Time Employees . . . . . . . . . . . . . . . . . . . 54
12.4 4/1.0 Shift Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
12.5 9/80 Shift Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
12.6 Accrual of Holiday Time & Credit . . . . . . . . . . . . . . . . . . . 55
SECTION 13 VACATION LEAVE
13.1 Vacation Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
13.2 Vacation on Remployment From Layoff List . . . . . . . . . . . 57
13.3 Vacation Accrual Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
13.4 Accrual During Leave Without Pay . . . . . . . . . . . . . . . . . . 57
13.5 Vacation Allowance for Separated Employees . . . . . . . . . 58
13.6 Preference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
13.7 Prorated Accruals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
SECTION 14 SICK LEAVE
14.1 Purpose of Sick Leave . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 58
14.2 Credits To & Charges Against Sick Leave . . . . . . . . . . . . . 58
14.3 Policies Governing the Use of Paid Sick Leave . . . . . . . . . 59
14.4 Administration of Sick Leave . . . . . . . . . . . . . . . . . . . . . . 64
14.5 Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
- ii -
14.6 Accrual During Leave Without Pay . . . . . . . . . . . . . . . . . . 73
14.7 Integration of SDI With Sick Leave Program . . . . . . . . . . . 73
14.8 Disability Insurance Review Committee . . . . . . . . . . . . . . 74
14.9 Employee Annual Health Examination . . . . . . . . . . . . . . . 75
SECTION 15 CATASTROPHIC LEAVE BANK
15.1 Program Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
15.2 Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
SECTION 16 STATE DISABILITY INSURANCE
16.1 General Provisions . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 78
16.2 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
16.3 Method of Integration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
16.4 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
16.5 Conversion to New SDI Program . . . . . . . . . . . . . . . . . . . . 82
SECTION 17 WORKERS' COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . 82
SECTION 18 LEAVE OF ABSENCE
18.1 Leave Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
18.2 General Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
18.3 Furlough Days Without Pay . . . . . . . . . . . . . . . . . . . . . . . . 88
18.4 Military Leave . . . . . . . . . . . . . . . . . . • . . . . . . . . • • • . . 89
18.5 Family Care Leave or Medical Leave . . . . . . . . . . . . . . . . . 90
18.6 Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
18.7 Intermittent Use of Leave . . . . . . . . . . . . . . . . . . . . . . . . 91
18.8 Aggregate Use for Spouses . . . . . . . . . . . . . . . . . . . . . . . 91
18.9 Definitions . . . . . . . . . . 91
18.10 Pregnancy Disability Leave . . . . . . . . . . . . . . . . . . . . . 94
18.11 Group Health Plan Coverage . . . . . . . . . . . . . . . . . . . . . . 94
18.12 Leave Without Pay - Use of Accruals . . . . . . . . . . . . . . . . 95
18.13 Leave of Absence Replacement . . . . . . . . . . . . . . . . . . . . . 96
18.14 Reinstatement From Leave . . . . . . . . . . . . . . . . . . . . . . . . 97
18.15 Salary Review While on Leave of Absence . . . . . . . . . . . . . 97
18.16 Unauthorized Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
18.17 Non Exclusivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
SECTION 19 JURY DUTY AND WITNESS DUTY . . . . . . . . . . . . . . . . . . . 98
SECTION 20 HEALTH AND WELFARE, LIFE AND DENTAL CARE
20.1 County Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
20.2 Rate Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
20.3 Medicare Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
20.4 Partial Month . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 102
- iii -
20.5 Coverage During Absences . . . . . . . . . . . . . . . . . . . . . . 102
20.6 Retirement Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
20.7 Dual Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
SECTION 21 PROBATIONARY PERIOD
21 .1 Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
21 .2 Revised Probationary Period . . . . . . . . . . . . . . . . . . . . . . 104
21 .3 Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
21 .4 Rejection During Probation . . . . . . . . . . . . . . . . . . . . . . . 105
21 .5 Regular Appointment . . . . . . . . . . . . . . . . . . . . . . .. . . . . 106
21 .6 Layoff During Probation . . . . . . . . . . . . . . . . . . . . . . . . . 108
21 .7 Rejection During Probation of Layoff Employee . . . . . . 108
SECTION 22 PROMOTION
22.1 Competitive Exam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
22.2 Promotion Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
22.3 Open Exams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
22.4 Promotion Via Reclass Without Examination . . . . . . . . . 109
22.5 Requirements for Promotional Standing . . . . . . . . . . . . . 110
22.6 Seniority Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 1
22.7 Denial Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ill
22.8 Release Time for Examinations . . . . . . . . . . . . . . . . . . . . 1 1 1
SECTION 23 TRANSFER
. 23.1 Transfer Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
23.2 Transfer Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
23.3 Transfer Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
23.4 Reassignment of Work Location . . . . . . . . . . . . . . . . . . . 114
23.5 Departmental Transfer Agreements . . . . . . . . . . . . . . . . 1 1 5
23.6 Transfer Without Examination . . . . . . . . . . . . . . . . . . . . 115
SECTION 24 RESIGNATIONS
24.1 Resignation in Good Standing . . . . . . . . . . . . . . . . . . . . 116
24.2 Constructive Resignation . . . . . . . . . . . . . . . . . . . . . . . . 116
24.3 Effective Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
24.4 Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
24.5 Coerced Resignations . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
24.6 Eligibility for Reemployment . . . . . . . . . . . . . . . . . . . . . . 118
SECTION 25 DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
25. 1 Sufficient Cause for Action . . . . . . . . . . . . . . . . . . . . . . . 119
25.2 Skelly Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
- iv -
25.3 Employee Response . : . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
25.4 Leave Pending Employee Response . . . . . . . . . . . . . . . . 122
25.5 Length of Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
25.6 Procedure on Disciplinary Action . . . . . . . . . . . . . . . . . . 123
25.7 Weingarten Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
SECTION 26 GRIEVANCE PROCEDURE
26.1 Definition and Procedural Steps . . . . . . . . . . . . . . . . . . . 124
26.2 Scope of Adjustment Bd. & Arb. Decisions . . . . . . . . . . . 127
26.3 Time Limits . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 128
26.4 Union Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
26.5 Compensation Complaints . . . . . . . . . . . . . . . . . . . . . . . 129
26.6 Strike/Work Stoppage . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
26.7 Merit Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
26.8 Filing by Union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
26.9 Disputes Over Existence of Grievance . . . . . . . . . . . . . . 130
26.10 Disqualification From Taking an Exam . . . . . . . . . . . . . . 130
SECTION 27 BILINGUAL PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
SECTION 28 RETIREMENT CONTRIBUTION . . . . . . . . . . . . . . . . . . . . 131
SECTION 29 REIMBURSEMENT
29.1 Training Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . 131
29.2 Personal Property.Reimbursement . . . . . . . . . . . . . . . . . 132
29.3 Reimbursement For Meal Expenses . . . . . . . . . . .. . . . . . 133
SECTION 30 CLASSIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
SECTION 31 SAFETY
31 .1 VDT Users Eye Examination . . . . . . . . . . . . . . . . . . . . . . 136
31 .2 Reopener . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
SECTION 32 MILEAGE
32.1 Mileage Reimbursement Rate . . . . . . . . 1.36
32.2 Mileage Reimbursement Policy . . . . . . . . . . . . . . . . . . . . 137
SECTION 33 FLEXIBLY STAFFED POSITIONS . . . . . . . . . . . . . . . . . . . 137
SECTION 34 MEAL PERIODS
34.1 Varying Meal Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
34.2 Hospital Holiday Meals . . . . . . . . . . . . . . . . . . . . . . . . . . 138
SECTION 35 PERFORMANCE EVALUATION . . . . . . . . . . . . . . . . . . . . 138
- v -
SECTION 36 DISCIPLINARY ACTIONS . . . . . . . . . . . . . . . . . . . . . . . . . 139
SECTION 37 PERSONNEL FILES . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 139
SECTION 38 SERVICE AWARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
SECTION 39 FLEX-TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
SECTION 40 DATA ON VACANT POSITIONS . . . . . . . . . . . . . . . . . . . 141
SECTION 41 COUNTY LIBRARY EMPLOYEES
41 .1 Evening Differential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
41 .2 Saturday Differential . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
41 .3 Thanksgiving/Christmas Holidays . . . . . . . . . . . . . . . . . 142
41 .4 Adjusted Work Schedule . . . . . . . . . . . . . . . . . . . . . . . . . 142
SECTION 42 UNFAIR LABOR PRACTICE . . . . . . . . . . . . . . . . . . . . . . . 142
SECTION 43 LENGTH OF SERVICE DEFINITION . . . . . . . . . . . . . . . . . 143
SECTION 44 PERMANENT PART-TIME EMPLOYEE BENEFITS . . . . . . 143
SECTION 45 P-1 EMPLOYEE BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . 144
SECTION 46 P-1 HEALTH PLAN . . . . . . . . . . . . . . . . . .11. . . . . . . . . . 144
SECTION 47 PROVISIONAL EMPLOYEE BENEFITS . . . . . . . ... . . . . . . 144
SECTION 48 WORD PROCESSING/VDT DIFFERENTIALS
48.1 Buyout of Differentials . . . . . . . . . . . . . . . . . . . . . . . . . . 145
48.2 Continuing Differentials . . . . . . . . . . . . . . . . . . . . . . . . . 146
SECTION 49 HAZARD PAY & STAT-CALL
49.1 Hazard Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
49.2 Stat-Call . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
SECTION 50 CLASSIFICATION STUDIES . . . . . . . . . . . . . . . . . . . . . . . 149
SECTION 51 SHERIFF'S DEPT. SHIFT & HOLIDAY AGREEMENT
& SHIFT BIDDING POLICY . . . . . . . . . . . . . . . . . . . . . . 149
- vi -
SECTION 52 STUDIES/PROJECTS/COMMITTEES
52.1 Reallocation of Library Clerks . . . . . . . . . . . . . . . . . . . 150
52.2 Assessor's Office Clerical Positions . . . . . . . . . . . . . . . . 150
52.3 Minimum Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . 150
52.4 Double Medical Coverage . . . . . . . . . . . . . . . . . . . . . . . . 150
52.5 Attendance Program . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 151
52.6 Deferred Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
SECTION 53 NOTARY PUBLIC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
SECTION 54 GAINSHARING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
SECTION 55 REPRESENTATION OF TEMPORARY EMPLOYEES
55.1 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
55.2 Appointments Not Covered . . . . . . . . . . . . . . . . . . . . . . . 152
55.3 Agency Shop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
55.4 Agency Shop Deductions . . . . . . . . . . . . . . . . . . . . . . . . . 154
55.5 Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
55.6 Salary Increments Within Range . . . . . . . . . . . . . . . . . . . 156
55.7 Paid Time Off . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 157
55.8 Provisional Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
55.9 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
SECTION 56 ADOPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
SECTION 57 DURATION OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . 160
SECTION 58 SCOPE OF AGREEMENT/SEPARABILITYOF PROVISIONS
58.1 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
58.2 Separability of Provisions . . . . . . . . . . . . . . . . . . . . . . . . 160
58.3 Personnel Management Regulations . . . . . . . . . . . . . . . . 161
SECTION 59 - PAST PRACTICES & EXISTING MOU'S . . . . . . . . . . . . . . . 161
ATTACHMENTS
EXHIBITS
SUBJECT INDEX
- vii -
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
UNITED CLERICAL, TECHNICAL & SPECIALIZED
EMPLOYEES AFSCME, LOCAL 2700
This Memorandum of Understanding (MOU) is entered
into pursuant to the authority contained in Division 34
of Board of Supervisors Resolution 81 /1 165 and has
been jointly prepared by the parties.
The Employee Relations Manager (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 MOU 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 September
30, 1995 .
Special provisions and restrictions pertaining to Project
employees covered by this MOU are contained in
Attachment A which is attached hereto and made a
part hereof.
DEFINITIONS:
Alternative Work Schedules means one or more of
the following:
9/80: Eight nine-hour work days plus an eight-hour
work day with one day off within a two week
work period.
4/10: Four ten-hour work days within the work
week.
5/8: Five eight-hour work days within a work week
where the work hours are other than the
standard 8:00 a.m. to 5 :00 p.m. (also known
as "flex time").
Meal breaks for any of the above schedules may be
either 112 hour or 1 hour.
Appointing Authority: Department Head 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.
- 2 -
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.
Demotion: The change of a permanent employee to
another position in a class allocated to a salary range
for which the top step is lower than the top step of the
class which the employee formerly occupied except as
provided for under "Transfer" or as otherwise provided
for in this MOU, in the Personnel Management
Regulations, or in specific resolutions governing deep
classifications.
Director of Personnel: The person designated by the
County Administrator to serve as the Assistant County
Administrator-Director of Personnel.
Eligible: Any person whose name, is on an employment
or reemployment or layoff list for a given class.
Employee: A person who is an incumbent of a position
or who is on leave of absence in accordance with
provisions of this MOU and whose position is held
pending his/her return.
Employment List: A list of persons who have been
found qualified for employment in a specific class.
Layoff List: A list of persons who have occupied
positions allocated to a class in the Merit System and
who have been involuntarily separated by layoff or
- 3 -
displacement or have voluntarily demoted in lieu of
layoff.
Permanent-Intermittent Position: Any position which
requires the services of an incumbent for an indefinite
period but on an intermittent basis, as needed, paid on
an hourly basis.
Permanent Part-Time Position: Any position which
will require the services of an incumbent for an
indefinite period but on a regularly scheduled less
than full time basis.
Permanent Position: Any position which has required,
or which will require, the services of an incumbent
without interruption, for an indefinite period.
Project Employee: An employee who is engaged in a
time limited program or service by reason of limited or
restricted funding. Such positions are typically funded
from outside sources but may be funded from County
revenues.
Promotion: The change of a permanent employee to
another position in a class allocated to a salary range
for which the top step is higher than the top step of
the class which the employee formerly occupied,
except as provided for under "Transfer" or as
otherwise provided for in this MOU, in the Personnel
Management Regulations, or in specific resolutions
governing deep classes.
- 4 -
Position: The assigned duties and responsibilities
calling for the regular full time, part-time or
intermittent employment of a person.
Reallocation: The act of reassigning an individual
position from one class to another class at the same
range of the salary schedule or to a class which is
allocated to another range that is within five percent
(5Y6) of the top step, except as otherwise provided for
in the Personnel Management Regulations, deep class
resolutions or other ordinances.
Reclassification: The act of changing the allocation of
a position by raising it to a higher class or reducing it
to a lower class on the basis of significant changes in
the kind, difficulty or responsibility of duties
performed in such position.
Reemployment List: A list of persons, who have
occupied positions allocated to any class in the merit
system and, who have voluntarily separated and are
qualified for consideration for reappointment under
the Personnel Management Regulations governing
reemployment.
Resignation: The voluntary termination of permanent
employment with the County.
Temporary Employment: Any employment which will
require the services of an incumbent for a limited
period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
- 5 -
Transfer: The change of an employee who has
permanent status in a position to another position in
the same class in a different department, or to another
position in a class which is allocated to a range on the
salary pian that is within five percent (5%) at top step
as the class previously occupied by the employee.
SECTION 1 - UNION RECOGNITION
The Union is the formally recognized employee
organization for the representation units listed below,
and such organization has been certified as such
pursuant to Board of. Supervisor's Resolution 81 /1 165 .
General Clerical Unit
Deputy Clerk 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. The Union agrees that it has a duty to provide
fair and nondiscriminatory representation to
all employees in all classes in the units for
6
which this section is applicable regardless of
whether they are members of the Union.
B. All employees employed in a representation
unit 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, which under no circumstan-
ces shall 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:
a. Execute a written declaration that the
employee is a member of a bona fide
religion, body or sect which has
historically held a conscientious
objection to joining or financially
supporting any public employee
organization as a condition of
employment; and
- 7 -
b. pay a sum equal to the agency shop
fee described in Section 2.2.B.2 to a
non-religious, non-labor, charitable
fund chosen by the employee from
the following charities: Family and
Children's Trust Fund, Child Abuse
Prevention Council and Battered
Women's Alternative.
C. The 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 payer covered
by this MOU within one month from the date
it is approved and annually thereafter, and as
a condition to any change in the agency shop
fee. Failure by an employee to invoke the
Union's Hudson Procedure within one month
after actual notice of the Hudson Procedure
shall be a waiver by the employee of their
right to contest the amount of the agency
shop fee.
D. The provisions of Section. 2.2 .B.2 shall not
apply during periods that an employee is
separated from the representation unit but
shall be reinstated upon the return of the
employee to the. representation unit. The term
separation includes transfer out of the unit,
layoff, and leave of absence with a duration of
more than thirty (30) days.
- 8 -
E. The Union shall provide the Director of
Personnel with copies of a .financial report
patterned after Form LM-2 pursuant to the.
Labor Management Disclosure Act of 1959.
Such report shall be available to employees in
the unit. Failure to file such a report not later
than June 1 st of each calendar year shall
result in the termination of all agency shop
fee deductions without jeopardy to any
employee, until said report is filed.
F. 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
2.2.6.3 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.
9
G. 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, or
action taken or not taken by the County under
this Section. This includes, but is not limited
to, the County's Attorneys' fees and costs.
The provisions of this subsection shall not be
subject to the grievance procedure.
H. The County Personnel Department shall
monthly furnish a list of all new hires to the
Union.
1. In the event that employees in a bargaining
unit represented by the Union vote to rescind
Agency Shop, the provisions of Section 2 .3
and 2 .4 shall apply to dues-paying members
of the Union.
2.3 Maintenance of Membership. All employees
in units represented by the Union who are currently
paying dues to the Union and all employees in such
units 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 Section
2 . 5 .
- 10 -
2.4 Union Dues Form. Employees hired into
classifications represented by the Union shall, as a
condition of employment, complete a Union dues
authorization card provided by the Union and shall
have deducted from their paychecks the membership
dues of the Union. Said employees shall have thirty
(30) days from the date of hire to decide if he/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 within said
thirty (30) day period. 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/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 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/her right to revoke said authorization.
2.5 Withdrawal of_Me _bership. By notifying the
Auditor-Controller's Department in writing, between
August 1 , 1995 and August 31 , 1995 , any employee
may withdraw from Union membership and
discontinue paying dues as of the payroll period,
commencing September 1 , 1995, discontinuance of
dues payments to then be reflected in the October 101
1995 paycheck. 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.
2.6 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 matters
within the scope of representation and further
provided that the employee organization appropriately
posts and removes the information. The Department
Head reserves the right to remove objectionable
materials after consultation 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 Department Head or designated
representative; said representatives may distribute
employee organization literature in work areas (except
work areas not open to the public) if the nature of the
literature and the proposed method of distribution are
compatible with the work environment and work in
progress.
- 12 -
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 of representation.
In the application of this provision, it is agreed and
understood that in each such instance advance
arrangements, including disclosure of which of the
above purposes is the reason for the visit, will be
made with the departmental representative in charge
of the work area, and the visit will not interfere with
County services.
2.7 Use of County Buildings. The Union shall be
allowed the use of areas normally used for meeting
purposes for meetings of County 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;
- 13 -
b. there is no additional cost to the County;
C. it does not interfere with normal County
operations;
d. employees in attendance are not on duty and
are not scheduled for duty; and
e. the meetings are on matters within the scope
of, representation.
The administrative official responsible for the space
shall establish and maintain scheduling of such uses.
The 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.
2.8 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
- 14 -
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.
2.9 Written Statement for New Employees. The
County will provide a written statement to each new
employee hired into a classification in any of the
bargaining units represented by the 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.
2.10 Section 22 of 1977-79 MOU. Section 22 of the
1977-79 Memorandum of Understanding between the
County and United Clerical Employees shall continue
for the duration of this MOU.
2.11 P.E.O.P.L.E.. Employees in classifications
represented by United Clerical, Technical & Specialized
Employees, Local 2700, AFSCME may make a voluntary,
monetary monthly contribution to P.E.O.P.L.E., said
contributions to be deducted from employees' pay the
County and remitted to AFSCME, P.E.O.P.L.E. (Public
Employees Organized to Promote Legislative Equality.
- 15 -
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 handicapped person solely because of
such handicap unless that handicap prevents the
person from meeting the minimum standards
established for the position or from carrying out the
duties of the position safely. There shall be no discri-
mination because of Union membership or legitimate
Union activity against any employee or applicant for
employment by the County or anyone employed by the
County.
SECTION 4 - SHOP STEWARDS/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.
16 -
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 26 - Grievance Procedure
of this MOU 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 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;
f. to attend examination appeal board hearings
to assist an employee in making a
presentation.
- 17 -
4.2 Union Re pre s_entat ives_. 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
advance arrangements for the time away from the
work station or assignment are made with the
appropriate Department Head.
4.3 Release Time For Training. The County shall
provide the Union a maximum of 240 total hours per
year of release time for union designated stewards or
officers to attend union-sponsored training programs.
Requests for release time shall be provided in writing
to the Department and County Personnel at least
fifteen (15) days in advance of the time requested.
Department Heads will reasonably consider each
request and notify the affected employee whether
such request is approved, within one (1 ) week of
receipt.
SECTION 5 - SALARIES
5.1 General Wage Increases.
A. Effective duly 1 , 1994 each represented
classification shall receive a general wage
increase of 10 levels on the County Salary
Schedule (1 .0045%).
- 18 -
B. Effective January 1 , 1995 each represented
classification shall receive a general wage
increase of 10 levels on the County Salary
Schedule (1 .0045 . Any net savings achieved
by the County from the replacement of the 1 st
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.
C. The savings shall be computed on a per cap
basis as follows:
1 . The County's "original cost" shall be
computed by adding together the gross
subvention for each represented
employee in 1 st Choice for the month of
10/1 /93, the sum then increased by 14%.
2. The County's "current cost" shall be
computed by adding together- the gross
subventions of each represented
employee who transferred from 1st.
Choice to QualMed for the month of
10/1 /94.
3 . 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 increase.
- 19 -
5.2 Pay Equity.
A. Computation of Pay Equity Adiustments. The
magnitude of Pay Equity adjustments is
determined by applying the method of least
squares to data (points vs. salary) generated
by the pay equity study to create a trend line.
Each classification below the trend line shall
receive Pay Equity adjustments until such time
as the total Pay Equity adjustments equal the
initial difference between the salary of the
class and that represented by the trend line.
B. Funding for Pay Equity Adjustments. The
County shall provide fifty cents ($. 50) in Pay
Equity adjustments for each one dollar ($ 1 .00)
general wage increase authorized for
class ifica.tions represented by the
participating Unions collectively, provided that
the total of Pay Equity adjustments in any
contract year shall not exceed twenty-five
percent (25%) of the general wage increase.
C. Method of Pay Equity Adjustments. The
parties understand and agree that as various
classifications reach the point where further
Pay Equity adjustments are unnecessary, the
Pay Equity fund will be disbursed among
remaining classes and that this may result in
some classes receiving Pay Equity adjustments
in excess of 50% of their general wage
increase.
- 20 -
D. Future Pay Equity Adjustments. Beginning on
January 1 , 1994 and on January 1 of , each
subsequent year that pay equity adjustments
are to be paid, the parties shall meet and
confer over the method of disbursement of
Pay Equity adjustments for that contract year.
Those adjustments shall be effective on
January 1 of each year.
E. Indemnification Procedure. Each participating
union will promise not to bring or support
comparable worth or pay equity litigation
against Contra Costa County or any agent,
servant, officer, or employee of Contra Costa
County and further promise that in the event
litigation advancing comparable worth or pay
equity claims is brought against the County or
any of its agents, servants, officers, or
employees, within five years from the effective
date of the 1991 -19-93 MOU between the
County and the Union, by any person(s)
employed or formerly employed in a class(es)
represented by the participating unions, the
union(s) representing such class(es) shall each
pay up to five thousand dollars ($ 5000) of the
County's attorney fees and costs; provided
that the union is not named as a co-defendant
in such litigation.
F. Duration. This Supplemental Pay Equity
Agreement shall remain in effect until all
classifications represented by the Union have
received the total of their Pay Equity
adjustments or until such time as the parties
- 21 -
agree to modify or terminate this agreement.
5.3 Entrance Salary. New employees shall
generally be appointed at the minimum step of the
salary range established for the particular class of
position to which the appointment is made. However,
the appointing authority may fill a particular position
at a step above the minimum of the range.
5.4 Certification Rule.
A. Open Employment List. On each request for
personnel from an open employment list, ten
(10) names shall be certified. If more than
one position is to be filled in any class in a
department at the same time from the same
request for personnel, the number of names
to be certified from an open employment list
shall be equal to the number of positions to
be filled plus nine (9).
B. Promotional Employment List. On each
request for personnel from a promotional
employment list, five (5) names shall be
certified. If more than one position is to be
filled in any class in a department at the same
time from the same request for personnel, the
number of names to be certified from a
promotional employment list shall be equal to
the number of positions to be filled plus four
(4).
- 22 -
5.5 Anniversary Dates.- Except as may otherwise
be provided for in deep class resolutions, anniversary
dates will be set as follows:
a. New Employees. The anniversary date of a
new employee is the first day of the calendar
month after the calendar month when the
employee successfully completes six (6)
months service provided however, if an
employee began work on the first regularly
scheduled workday of the month the
anniversary date is the first day of the
calendar month when the employee
successfully completes six (6) months service.
b. Promotions. The anniversary date of a
promoted employee is determined as for a
new employee in Subsection 5 . 5 .a above.
C. Demotions. The anniversary of a demoted
employee is the first day of the calendar
month after the calendar month when the
demotion was effective.
d. Transfer, Reallocation and Reclassification.
The anniversary date of an employee who is
transferred to another position or one whose
position has been reallocated or reclassified
to a class allocated to the same salary range
or to a salary range which is within five
percent (5%) of the top step of the previous
classification, remains unchanged.
- 23 -
e. Reemployments. The anniversary of an
employee appointed from a reemployment list
to the first step of the applicable salary range
and not required to serve a probation period
is determined in the same way as the
anniversary date is determined for a new
employee who is appointed the same date,
classification and step and who then success-
fully completes the required probationary
period.
f. outside Appointments. Notwithstanding other
provisions of this Section 5, the anniversary of
an employee who is appointed to a classified
position from outside the County's merit
system at a rate above the minimum salary for
the employee's new class, or who is
transferred from another governmental entity
to this County's merit system, is one (1 ) year
from the first day of the calendar month after
the calendar month when the employee was
appointed or transferred; provided however,
when the appointment or transfer is effective
on the employee's first regularly scheduled
work day of that month, his/her anniversary is
one (1 ) year after the first calendar day of that
month.
5.6 Increments Within Range. The performance
of each employee, except those of employees already
at the maximum salary step of the appropriate salary
range, shall be reviewed on the anniversary date as set
forth in Section 5. 5 to determine whether the salary of
the employee shall be advanced to the next higher
- 24 -
step in the salary range. Advancement shall be granted
on the affirmative recommendation of the appointing
authority, based on satisfactory performance by the
employee. The appointing authority may recommend
denial of the increment or denial subject to one
additional review at some specified date before the
next anniversary, such date to be set at the time the
original report is returned. This decision may be
appealed through the Grievance Procedure.
Except as herein provided, increments within range
shall not be granted more frequently than once a year,
nor shall more than one (1 ) step within-range
increment be granted at one time, except as otherwise
provided in deep class resolutions. In case an
appointing authority recommends denial of the within
range increment on some particular anniversary date,
but recommends a special salary review at some date
before the next anniversary the special salary review
shall not affect the regular salary review on the next
anniversary date. Nothing herein shall be construed to
make the granting of increments mandatory on the
County. If an operating department verifies in writing
that an administrative or clerical error was made in
failing to submit the documents needed to advance an
employee to the next salary step on the first of the
month when eligible, said advancement shall be made
retroactive to the first, of the month when eligible.
5.7 Part-Time Compensation. A part-time
employee shall be paid a monthly salary in the same
ratio to the full time monthly rate to which the
employee would be entitled as a full time employee
under the provisions of this Section 5 as the number
- 25 -
of hours per week in the employee's part-time work
schedule bears to the number of hours in the full time
work schedule of the department.
5.8 Compensation for Portion of Month and
Permanent-Intermittent Compensation. Any
employee who works less than any full calendar
month, except when on earned vacation or authorized
sick leave, shall receive as compensation for services
an amount which is in the same ratio to the
established monthly rate as the number of days
worked is to the actual working days in such
employee's normal work schedule for the particular
month; but if the employment is intermittent, com-
pensation shall be on an hourly basis, which is
calculated on the number of hours in the month
worked plus five percent (5%) above the salary step
earned.
5.9 Position Reclassification. An employee who
is an incumbent of a position which is reclassified to a
class which is allocated to the same range of the basic
salary schedule as is the class of the position before it
was reclassified, shall be paid at the same step of the
range as the, employee received under the previous
classification.
An incumbent of a position which is reclassified to a
class which is allocated to a lower range of the basic
salary schedule shall continue to receive the same
salary as before the reclassification, but if such salary
is greater than the maximum of the range of the class
to which the position has been reclassified, the salary
of the incumbent shall be reduced to the maximum
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salary for the new classification. The salary of an
incumbent of a position which is reclassified to a class
which is allocated to a range of the basic salary
schedule greater than the range of the class of the
position before it was reclassified shall be governed by
the provisions of Section 5. 11 - Salary on Promotion.
5.10 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an
employee in a class which is reallocated to a
salary range above or below that to which it
was previously allocated, when the number of
steps remain the same, shall be compensated
at the same step in the new salary range the
employee was receiving in the range to which
the class was previously allocated. If the
reallocation- is from one salary range with
more steps to a range with fewer steps or vice
versa, the employee shall be compensated at
the step on the new range which is in the
same percentage ratio to the top step of the
new range as was the salary received before
reallocation to the top step of the old range,
but in no case shall any employee be
compensated at less than the first step of the
range to which the class is allocated.
B. In the event that a classification is reallocated
from a salary range with more steps to a
salary range with fewer steps on the salary
schedule, apart from the general salary
increase or decrease described in Section
5. 1 O.A above, each incumbent of a position in
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the reallocated class shall be placed upon the
step of the new range which equals the rate of
pay received before the reallocation. In the
event that the steps in the new range do not
contain the same rates as the old range, each
incumbent shall be placed at the step of the
new range which is next above the salary rate
received in the old range, or if the new range
does not contain a higher step, at the step
which is next lower than the salary received in
the old range.
C. In the event an employee is in a position
which is reallocated to a different class which
is allocated to a salary range the same as, or
above or below the salary range of the
employee's previous class, the incumbent
shall be placed at the step in the new class
which equals the rate of pay received before
reallocation. In the event that the steps in the
range for the new class do not contain the
same rates as the range for the old class, the
incumbent shall be placed at the step, of the
new range which is next above the salary rate
received in the old range; or if the new range
does not contain a higher step, the incumbent
shall be placed at the step which is next lower
than the salary received in the old range.
D. In the event of reallocation to a deep class,
the provisions of the deep class resolution
and incumbent salary allocations, if any, shall
supersede Section 5 . 10.
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5. 1 1 Salary on Promotion. Any employee who is
appointed to a position of a class allocated to a higher
salary range than the class previously occupied, except
as provided under Section 5. 13, shall receive the salary ,
in the new salary range which is next higher than the
rate received before promotion. In the event this
increase is less than five percent (5%), the employee's
salary shall be adjusted to the step in the new range
which. is at least five percent (5/) greater than the next
higher step; provided, however, that the next step
shall not exceed the maximum salary for the higher
class.
5.12 Salary on Involuntary Demotion. Any
employee who is demoted, except as provided under
Section 5 . 13 , shall have his/her salary reduced to the
monthly salary step in the range for the class of
position to which he/she has been demoted next lower
than the salary received before demotion. In the event
this decrease is less than five percent (5%), the
employee's salary shall be adjusted to the step in the
new range which is five percent (5%) less than the next
lower step; provided, however, that the next step shall
not be less than the minimum salary for the lower
class.
Whenever the demotion is the result of layoff,
cancellation of positions or displacement by another
employee with greater seniority rights, the salary of
the demoted employee shall be that step on the salary
range which he/she would have achieved had he/she
been continuously in the position to which he/she has
been demoted, all within-range increments having
been granted.
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5.13 Salary on Voluntary Demotion. Whenever
any employee voluntarily demotes to a position in a
class having a salary range lower than that of the class
from which he or she demotes, his or her salary shall
remain the same if the steps in his or her new
(demoted) salary range permit, and if not, the new
salary shall be set at the step next below former
salary.
5.14 Transfer. An employee who is transferred
from one position to another as described under
"Transfer" shall be placed at the step in the salary
range of the new class which equals the rate of pay
received before the transfer. In the event that the
steps in the range for the new class do not contain the
same rates as the range for the old class, the
employee shall be placed at the step of the new range
which is next above the salary rate received in the old
range; or if the new range does not contain a higher
step, the employee shall be placed at the step which is
next lower than the salary received in the old range.
Whenever a permanent employee transfers to or from
a deep class, as provided in the appropriate deep class
resolutions, the salary of the employee shall be set as
provided in the deep class resolutions at a step not to
exceed a five percent (5%) increase in the employee's
base salary.
However, if the deep class transfer occurs to or from
a deep class with specified levels identified for certain
positions and their incumbents, the employee's salary
in the new class shall be set in accordance with the
section on "salary on promotion" if the employee is
-
30 -
transferring to another class or to a level in a deep
class for which the salary is at least five percent (5%)
above the top base step of the deep class level or class
in. which they have status currently.
5.15 Pay for Work in Higher Classification. When
an employee in a permanent position in the merit
system is required to work in a classification for which
the compensation is greater than that to which the
employee is regularly assigned, the employee shall
receive compensation for such work at the rate of pay
established for the higher classification pursuant to
Subsection 5 . 11 Salary on Promotion of this
Memorandum, commencing on the 73rd consecutive
hour in the assignment, under the following
conditions:
a. The employee is assigned to a program,
service, or activity established by the Board of
Supervisors which is reflected in an authorized
position which has been classified and
assigned to the Salary Schedule.
b. The nature of the departmental assignment is
such that the employee in the lower
classification becomes fully responsible for
the duties of the position of the higher
classification.
C. Employee selected for the assignment will
normally be expected to meet the minimum
qualifications for the higher classification.
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d. Pay for work in a higher classification shall not
be utilized as a substitute for regular
promotional procedures provided in this MOU.
e. Higher pay assignments shall not exceed six
(6) months except through reauthorization.
f. If approval is granted for pay for work in a
higher classification and the assignment is
terminated and later reapproved for the same
employee within thirty (30) days, no additional
waiting period will be required.
g. Any incentives (e.g., the education incentive)
and special differentials (e.g., bilingual
differential and hazardous duty differential)
accruing to the employee in his/her
permanent position shall continue.
h. During the period of work for higher pay in a
higher classification, an employee will retain
his/her permanent classification, and
anniversary and salary review dates will ' be
determined by time in that classification.
i. Allowable overtime pay, shift differential
and/or work location differentials will be paid
on the basis of the rate of pay for the higher
class.
5.16 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;
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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
0 /3) or Less, at the employee's option, of the
employee's basic salary of the previous month except
that it shall not . exceed the amount of the previous
month's basic salary less all requested or required
deductions.
An election to receive or discontinue an advance shall
not be made more than twice in any calendar year or
during the first month of employment by filing forms
prepared by the Auditor-Controller.
Each election shall become effective. on the first day of
the month following the deadline for filing the notice
and shall remain effective until revoked.
In the case. of an election made pursuant to this
Section, all required or requested deductions from
salary shall be taken from the second installment,
which is payable on the tenth (10th) day of the
following month.
5.17 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
- 33 -
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.
Pay errors found in employee pay shall be corrected as
soon as possible as to current pay rate but that no
recovery of either overpayments or underpayments to
an employee shall be made retroactively except for the
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.
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34 -
SECTION 6 - DAYS AND HOURS OF WORK
The normal work week of County employees is forty
(40) hours between 12:01 a.m. Monday to 12:00
midnight Sunday, usually five (5) eight (8) hour days.
However, where operational requirements of a
department require deviations from the usual pattern
of five (5) eight (8) hour days per work week, an
employee's work hours may be scheduled to meet
these requirements. The Department Head shall
prepare written schedules in advance to support all
deviations and encompassing the complete operational
cycle contemplated.
The work week for employees in the "4-10" shift is four
(4) ten (10) hour working days during a work week
consisting of any seven (7) day period. If the County
wants to eliminate any existing "4-10" shift and
substitute a "5-8" shift or-to institute a "4-10" shift
which does not allow for three (3) consecutive days off
(excluding overtime days or a change of shift
assignment), it will meet and confer with the Union
prior to implementing said new shift.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work
performed in excess of forty hours per week or eight
hours per day. Overtime for "4-10" shift employees is
any work performed beyond ten (10) hours per day or
forty (40) hours per week. All overtime shall be comp-
ensated for at the rate of one and one-half (1 -1 /2)
- 35 -
times the employee's base rate of .pay (not including
shift and other special differentials).
Overtime for permanent employees is earned and
credited in a minimum of one-half hour increments
and is 'compensated by either pay or compensatory
time off.
Employees entitled to overtime credit for holidays in
positions which work around the clock (such as the
County hospital, the Sheriffs office and jails, and the
juvenile hall and boys' ranch) shall be provided a
choice as to whether they shall be paid at the overtime
rate or shall receive compensatory time off at the rate
of one and one-half hours compensatory time off for
each hour worked. Such compensatory time off, and
the accumulation thereof shall be in addition to the
total vacation accumulation permitted under the terms
of this MOU. The specific provisions of this
accumulation are set forth in Section 12.6 of this MOU.
Regular overtime for twenty-four (24) hour institutional
employees may be accrued as compensatory time in
accordance with Section 7.2 of this MOU.
7.2 Compensatory Time. The following provisions
shall apply:
a. Employees may periodically elect to accrue
compensatory time off in lieu of overtime pay.
Eligible employees must notify their
Department Head or his or her designee of
their intention to accrue compensatory time
off or to receive overtime pay at least thirty
(30) days in advance of the change.
- 36 -
b. The names of those employees electing to
accrue compensatory time off shall be placed
on a list maintained by the Department.
Employees who become eligible (i.e., newly
hired employees, employees promoting,
demoting, etc.) for compensatory time off in
accordance with these guidelines must elect
to accrue compensatory time or they will be
paid for authorized overtime hours worked.
C. Compensatory time off shall be accrued at the
rate of one and one-half (1 -1 /2) times the
actual authorized overtime hours worked by
the employee.
d. Employees may not accrue a compensatory
time off balance that exceeds one-hundred
twenty (120) hours (i.e., eighty (80) hours at
time and one-half). Once the maximum
balance has been attained, authorized
overtime hours will be paid at the overtime
rate. If the employee's balance falls below
one-hundred twenty 120) hours, the employee
shall again accrue compensatory time off for
authorized overtime hours worked until the
employee's balance again reaches one-
hundred twenty (120) hours.
e. Accrued compensatory time off shall be
carried over for use in the next fiscal year;
however, as provided in d. above, accrued
compensatory time off balances may not
exceed one hundred twenty (120) hours.
_
37 -
f. Employees may not use more than one
hundred twenty (120) hours of compensatory
time off in any fiscal year period Ouly 1 - June
30).
g. The use of accrued compensatory time off
shall be by mutual agreement between the
Department Head or his/her designee and the
employee. Compensatory time off shall not
be taken when the employee would be
replaced by another employee who would be
eligible to receive, for time worked, either
overtime payment or compensatory time
accruals as provided for in this Section. This
provision may be waived at the discretion of
the Department Head or his or. her designee.
h. When an employee promotes, demotes or
transfers from one classification eligible for
compensatory time off to another
classification eligible for compensatory time
off within the same department, the
employee's accrued compensatory time off
balance will be carried forward with the
employee.
i. Compensatory time accrual balances will be
paid off when an employee moves from one
department to another through promotion,
demotion or transfer. Said payoff will be made
in accordance with the provisions and salary
of the class from which the employee is
promotingIr demoting or transferring as set
forth in 10 below.
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j. Since employees accrue compensatory time
off at the rate of one and one-half (1 -112)
hours for each hour of authorized overtime
worked, accrued compensatory time balances
will be paid off at the straight time rate (two-
thirds (2/3) the overtime rate) for the
employee's current salary whenever:
1 . the employee changes status and is no
longer eligible for compensatory time off;
2 . the employee promotes, demotes or
transfers to another department;
3. the employee separates from County
service;
4. the employee retires.
k. The Office of the County Auditor-Controller
will establish timekeeping procedures to
administer this Section.
7.3 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 MOU. 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
39
the Fair Labor Standards Act, such terms and
conditions of employment shall not be controlled by
this MOU 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.
SECTION 8 - CALL BACK TIME
Any employee who is called back to duty shall be paid
at the appropriate rate for the actual time worked plus
one (1 ) hour. Such employee called back shall be paid
a minimum of two (2) hours at the appropriate rate for
each call back.
SECTION 9 - ON-CALL DUTY
On call duty is any time other than time when the
employee is actually on duty during which an
employee is not required to be on County premises
but stand ready to immediately report for duty and
must arrange so that his/her superior can reach
him/her on ten (10) minutes notice or less. An
employee assigned to on-call time shall be paid one (1 )
hour of straight time credit for each four (4) hours on
such on-call time unless otherwise provided in the
supplemental sections of this Agreement. Where on- '
call arrangements exist, the Department Head shall
designate which employees are on-call unless
otherwise provided in the supplemental sections of
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this Agreement.
SECTION 10 - SHIFT DIFFERENTIAL
In the hours which qualify for shift differential,
employees shall receive five percent (5%) above their
base salary rate.
To qualify for shift differential, an employee must have
a regularly assigned daily work schedule which
requires:
a. Completion of more than one and one-half (1 -
1 /2) hours over the normal actual working
time; or
b. at least four (4) hours of actual working time
from 5 :00 p.m. through 9:00 a.m. inclusive.
However, employees who have been regularly
working a shift qualifying for shift differential
immediately preceding the commencement of
a' vacation, paid sick leave period, paid
disability or other paid leave, will have shift
differential included in computing the pay for
their leave. The paid leave of an employee
who is on a rotating shift schedule shall
include the shift differential that would have
been received had the employee worked the
shift for which the employee was scheduled
during such period. Shift differential shall only
be paid during paid sick leave and paid disabi-
lity as provided above for the first thirty (30)
calendar days of each absence.
- 41 -
SECTION 1 1 - SENIORITY, WORKFORCE REDUCTION,
LAYOFF, & REASSIGNMENT
11 .1 Workforce Reduction. In the event that
funding reductions or shortfalls in funding occur in a
department or are expected, which may result in
layoffs, the department will notify the union and take
the following actions:
a. Identify the classification(s) in which position
reductions may be required due to funding
reductions or shortfalls.
b. Advise employees in those classifications that
position reductions may occur in their
classifications.
C. Accept voluntary leaves of absence from
employees in those classifications which . do
not appear to be potentially impacted by
possible position reductions when such leaves
can be accommodated by the department.
d. Consider employee requests to reduce their
position hours from full time to part time to
alleviate the impact of the potential layoffs.
e. Approve requests for reduction in hours,
lateral transfers, and voluntary demotions to
vacant, funded positions in classes not
scheduled for layoffs within the department,
as well as to other departments not
experiencing funding reductions or shortfalls
- 42 -
when it is a viable operational alternative for
the department(s).
f. Review various alternatives which will help
mitigate the impact of the layoff by working
through the Tactical Employment Team
program (TET) to:
1 . Maintain an employee skills inventory
bank to be- used as a basis for referrals to
other employment opportunities.
2. Determine if there are other positions to
which employees may be transferred.
3 . Refer interested persons to vacancies
which occur in other job classes for which
they qualify and can use their layoff
eligibility.
4. Establish workshops to aid laid off
employees in areas such as resume
preparation, alternate career counseling,
job search strategy, and interviewing
skills.
g. When it appears to the Department Head
and/or Employee Relations Officer that the
Board of Supervisors may take action which
will result in the layoff of employees in a
representation unit, the Employee Relations
Officer shall notify the Union of the possibility
of such layoffs and shall meet and confer with
it regarding the implementation of the action.
- 43 -
1 1 .2 Separation Through Layoff
A. Grounds for Layoff. Any employee(s) having
permanent status in position(s) in the merit
service may be laid off when the position is no
longer necessary, or for reasons of economy,
lack of work, lack of funds or for such other
reason(s) as the Board of Supervisors deems
sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a
department shall be based on - inverse
seniority in the class of positions, the
employee in that department with least
seniority being laid off first and so on.
C. Layoff By Displacement.
1 . In the Same Class. A laid off permanent
full time employee may displace an
employee in the department having less
seniority in the same class who occupies
a permanent-intermittent or permanent
part-time position, the least senior
employee being displaced first.
2 . In the Same Level or Lower Class. A laid
off or displaced employee who had
achieved permanent status in a class at
the same or lower salary level as
determined by the salary schedule in
effect at the time of layoff may displace
within the department and in the class of
an employee having less seniority; the
- 44 -
least senior employee being displaced
first, and so on with senior displaced
employees displacing junior employees.
D. Particular Rules on Displacing.
1 . Permanent-intermittent and permanent
part-time employees may displace only
employees holding permanent positions
of the same type respectively.
2. A permanent full time employee may
displace any intermittent or part-time
employee with less seniority 1 ) in the
same class or, 2) in a class of the same or
lower salary level if no full time employee
in a class at the same or lower salary level
has less seniority than the displacing
employees.
3 . Former permanent full time employees
who have voluntarily become permanent
part-time employees for the purpose of
reducing the impact of a proposed layoff
with the written approval of the Director
of Personnel or designee retain their
permanent full time employee seniority
rights for layoff purposes only and may in
a later layoff displace a full time employee
with less seniority as provided in these
rules.
E. Seniority. An employee's seniority within a
class for layoff and displacement purposes
- 45 -
shall be determined by adding the employee's
length of service in the particular class in
question to the employee's length of service
in other classes at the same or higher salary
levels as determined by the salary schedule in
effect at the time of layoff. Employees
reallocated or transferred without
examination from one class to another class
having a salary within five percent of the
former class, shall carry the seniority accrued
in the former class into the new class.
Employees reallocated to a new deep class
upon its initiation or otherwise reallocated to
a deep class because the duties of the
position occupied are appropriately described
in the deep class shall carry into the deep
class the seniority accrued or carried forward
in the former class and seniority accrued in
other classes which have been included in the
deep class. Service for layoff and displacement
purposes includes only the employee's last
continuous permanent County employment.
Periods of separation may not be bridged to
extend such service unless the separation is a
result of layoff in which case bridging will be
authorized if the employee is reemployed in a
permanent position within the period of layoff
eligibility.
Approved leaves of absence as provided for in
these rules and regulations . shall not
constitute a period of separation. In the event
of ties in seniority rights in the particular class
- 46 -
in question, such ties shall be broken by
length of last continuous permanent County
employment. If there remain ties in seniority
rights, such ties shall be broken by counting
total time in the department in permanent
employment. Any remaining ties shall be
broken by random selection among the
employees involved.
F. Eligibility for Layoff List. Whenever any person
who has permanent status is laid off, has
been displaced, has been demoted by
displacement or has voluntarily demoted in
lieu of layoff or displacement, the person's
name shall be placed on the Layoff list for the
class of positions from which that person has
been removed.
G. Order of Names on Layoff. First, layoff lists
shall contain the names of persons laid off, of
displaced, or demoted as a result of a layoff or
displacement, or who have voluntarily
demoted in lieu of layoff or displacement.
Names shall be listed in order of layoff
seniority in the class from which laid off,
displaced or demoted or transferred on the
date of layoff, the most senior person listed
first. In case of ties in seniority, the seniority
rules shall apply except that where there is a
class seniority tie between persons laid off
from different departments, the tie(s) shall be
broken by length of last continuous
permanent County employment with
remaining ties broken by random selection
- 47 -
among the employees involved.
H. Duration of Layoff & Reemployment Rights.
The name of any person granted
reemployment privileges shall continue on the
layoff list , for a period of two (2) years.
Persons placed on layoff lists shall continue
on the appropriate list for a period of four (4)
years.
I. Certification of Persons From Layoff Lists. Lay
off lists contain the name(s) of person(s) laid
off, displaced or demoted by displacement or
voluntarily demoted in lieu of layoff or
transferred in lieu of layoff or displacement.
When a request for personnel is received from
the appointing authority of a department from
which an eligible(s) was laid off, the
appointing authority shall receive and appoint
the eligible highest on the layoff list from the
department. When a request for personnel is
received from a department from which an
eligible(s) was not laid off, the appointing
authority shall receive and appoint the eligible
highest on the layoff list who shall be subject
to a probationary period. A person employed
from a layoff list shall be appointed at the
same step of that salary range the employee
held on the day of layoff.
�. Removal of Names From Reemployment &
Layoff Lists. The Director of Personnel may
remove the name of any eligible from a
reemployment or layoff list for any reason
- 48 -
listed below:
1 . For any cause stipulated in Section 404. 1
of the Personnel Management
Regulations.
2. On evidence that the eligible cannot be
located by postal authorities.
3 . On receipt of a statement from the
appointing authority or eligible that the
eligible declines certification or indicates
no further desire for appointment in the
class.
4. If three offers of permanent appointment
to the class for which the eligible list was
established have been declined by the
eligible.
5 . If the eligible fails to respond to the
Director of Personnel or the appointing
authority within ten (10) days to written
notice of certification mailed to the
person's last known address.
If the person on the reemployment or layoff
list is appointed to another position in the
same or lower classification, the name of the
person shall be removed. However, if the first
permanent appointment of a person on a
layoff list is to a lower class which has a top
step salary lower than the top step of the
class from which the person was laid off, the
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name of the person shall not be removed from
the layoff list. Any subsequent appointment
of such person from the layoff list shall result
in removal of that person's name.
K. Removal of Names from Reemployment and
Layoff Certifications. The Director of
Personnel may remove the name of any
eligible from a reemployment or layoff
certification if the eligible fails to respond
within five (5) days to a written notice of
certification mailed to the person's last known
address.
11 .3 Notice. The County agrees to give employees
scheduled for layoff at least ten (10) work days notice
prior to their last day of employment.
11 .4 Special Employment Lists. The County will
establish a TET Employment Pool which will include the
names of all laid off County employees. Special
employment lists for, job classes may be established
from the pool. Persons placed on a special
employment list must meet the minimum qualifications
for the class. An appointment from such a list will not
affect the individual's status on a layoff list(s).
11 .5 Reassignment of Laid Off Employees.
Employees who displaced within the same
classification from full time to part-time or intermittent
status in a layoff, or who voluntarily reduced their
work hours to reduce the impact of layoff, or who
accepted a position of another status than that from
which they were laid off upon referral from the layoff
-
50 -
list, may request reassignment back to their pre-layoff
status (full time or part-time or increased hours). The
request must be in writing in accord with each
department's reassignment bid or selection process.
Employees will be advised of the reassignment
procedure to be followed to obtain reassignment back
to their former status at the time of the workforce
reduction. The most senior laid off employee in this
status who requests such a reassignment will be
selected for the vacancy; except when a more senior
laid off individual remains on the layoff list and has
not been appointed back to the class form which laid
off, a referral from the layoff list will be made to fill the
vacancy.
11 .6 Further Study. The County agrees to meet
with the Labor Coalition for study of the concept of
employee's waiver of displacement rights in a layoff.
SECTION 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe
the following holidays:
a. January 1 st, known as New Years Day
Third Monday in January known as Dr. M.L.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 11 th, known as Veteran's Day
Fourth Thursday, in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
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-tenth hour (6 minutes), 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.
12.2 Application of Holiday Credit. The following
provisions indicate how holiday credit is to b-e applied:
a. Employees on the five (5) day Monday through
Friday work schedule shall be entitled to a
holiday whenever a holiday is observed
pursuant to the schedule cited above.
b. Employees on a work schedule other than
Monday through Friday shall be entitled to
credit for any holiday, whether worked or not,
observed by employees on the regular
schedule.
C. For all employees, if a work day falls on a
scheduled holiday they shall receive overtime
pay or equivalent compensatory time credit
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(Holiday Credit) for working the holiday, or if
a holiday falls on the day off of an employee,
the employee shall be given straight time pay
or equivalent compensatory time credit.
e. If any holiday listed in Section 12. 1 .a falls on
a Saturday, it shall be celebrated on the
preceding Friday. If any holiday listed in
Section 12. 1 .a falls on a Sunday, it shall be
celebrated on the following Monday.
For employees in the Health Services
Department assigned to units or services on a
shift operational cycle which includes Saturday
or Sunday as designated by the appointing
authority (rather than Monday through Friday
eight (8) hours per day or a designated "4/10"
or "9/80" schedule) holidays shall be observed
on. the day on which the holiday falls,
regardless if it is a Saturday or Sunday.
For employees in the Animal Services
Department assigned to units or services on a
shift operational cycle (as designated by the
appointing authority) which includes Saturday
(rather than Monday through Friday, eight (8)
hours per day or 9/80 schedule); holidays will
be observed on the day on which the holiday
falls regardless if it is a Saturday.
The purpose of this plan is to equalize holidays
between employees on regular work schedule and
those on other work schedules.
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12.3 Permanent Part-Time Employees. Permanent
part-time and permanent-intermittent employees who
work on a holiday shall receive overtime pay or
compensatory time credit for all hours worked, up to
a maximum of 8. 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 bears 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.
12.4 4/10 Shift - Holidays.
A. Holiday Shift Pay. For all employees, if a work
day falls on a scheduled holiday, they shall
receive overtime pay or equivalent compen-
satory time credit (Holiday Credit) for working
the holiday for the first eight (8) hours
worked; or if a holiday falls on the day off of
an employee, the employee shall be given
straight time pay or equivalent compensatory
time credit for eight (8) hours.
B. Absence on Holiday. The maximum time
charged to sick leave, vacation or leave
without pay on a holiday shall be two (2)
hours..
12.5 9/80 Shift Holidays.
A. Holiday Shift Pay. For all employees, if a work
day falls on a scheduled holiday, they shall
receive overtime pay or equivalent compen-
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satory time credit (Holiday Credit) for working
the holiday for the first eight (8) hours
worked; or if a holiday falls on the day off of
an employee, the employee shall be given
straight time pay or equivalent compensatory
time credit for eight (8) hours.
B. Absence on Holiday. The maximum time
charged to sick leave, vacation, or leave
without pay on a holiday shall be one (1 )
hours.
12.6 Accrual of Holiday Time & Credit. Employees
entitled to holiday credit shall be permitted to elect
between pay at the overtime rate or compensatory
time off in recognition of holidays worked.
The following procedures shall apply to this selection:
a. Any person who is eligible and who elects to
accrue holiday credit must agree to do so for
a full fiscal year Ouly 1 through dune 30), or
the remainder thereof.
b. Employees starting work after a list of those
electing to accrue holiday credit has been
submitted to the Auditor and approved, will
be paid overtime unless they specifically
request in writing within seven (7) calendar
days to be placed on the holiday credit accrual
list.
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C. Holiday time shall be accrued at the rate
specified above to a maximum of eight (8)
hours worked by the employee.
d. Accrued holiday credit may not be
accumulated in excess of two hundred eighty-
eight (288) working hours exclusive of regular
vacation accruals. After two hundred eighty-
eight (288) hours, holiday time shall be paid at
the rates specified above.
e.. Accrued holiday credit may be taken off at
times determined by mutual agreement of the
employee and the Department Head.
f. Accrued holiday credit shall be paid off only
upon a change in status of the employee such
as separation, transfer to another department
or reassignment to a permanent-intermittent
position.
SECTION 13 - VACATION LEAVE
13.1 Vacation Allowance. Employees in permanent
positions are entitled to vacation with pay. Accrual is
based upon straight time hours of working time per
calendar month of service and begins on the date of
appointment to a permanent position. Increased
accruals begin on the first of the month following the
month in which the employee qualifies. Accrual for
portions of a month shall be in minimum amounts of
one (1 ) hour calculated on the same basis as for partial
month compensation pursuant to Section 5 . 7 of this
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MOU. Vacation credits may be taken in 1 /10 hour (six
minute) increments but may not be taken during the
first six (6) months of employment (not necessarily
synonymous with probationary status) except where
sick leave has been exhausted.
13.2 Vacation Leave on Reemployment from a
Layoff List. Employees with six months or more
service in a permanent position prior to their layoff,
who are employed from a layoff list, shall be
considered, as having completed six months tenure in
a permanent position for the purpose of vacation
leave. The appointing authority or designee will advise
the Auditor-Controller's Payroll Unit in each case where
such vacation is authorized so that appropriate Payroll
system override actions can be taken.
13.3 Vacation Accrual Rates.
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-1 /3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1 /3 560
13.4 - 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.
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13.5 Vacation Allowance for Separated
Employees. On separation from County service, an
employee shall be paid for any unused vacation credits
at the employee's then current pay rate.
13.6 Preference. Preference of vacation shall be
given to employees according to their seniority in their
department as reasonably as possible.
13.7 Prorated Accruals. Employees in permanent
part-time and permanent-intermittent positions shall
accrue vacation benefits on a prorated basis as
provided in Ordinance Code Section 36-2.006 of Board
Resolution No. 81 /1165.
SECTION 14 - SICK LEAVE
14.1 Purpose of Sick Leave. The primary purpose
of paid sick leave is to ensure employees against loss
of pay for temporary absences from work due to
illness or 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.
14.2 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.
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.
58
Credits to and charges against sick leave are made in
minimum amounts of one-tenth hour (6 minute)
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
canceled, unless the separation results from layoff, in
which case the accumulated credits shall be restored
if reemployed in a permanent position within the
period of lay off eligibility.
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.
14.3 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: Includes only the spouse, son,
stepson, daughter, stepdaughter, father, stepfather,
mother., stepmother, brother, sister, grandparent,
grandchild, niece, nephew, 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
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"dependent"- for IRS reporting purposes by the
employee.
Employee: Any person employed by Contra Costa
County in an allocated position in the County service.
Paid Sick Leave Credits: Sick leave credits provided for
by County Salary Regulations and memoranda of
understanding.
Condition/Reason: With respect to necessary verbal
contacts and confirmations which occur between the
department and the employee when sick leave is
requested or verified, a brief statement in non-
technical terms from the employee regarding inability
to work due to injury or illness is sufficient.
Accumulated paid sick leave credits may be used,
subject to appointing authority approval, by an-
employee in pay status, but only in the following
instances:
a. Temporary Illness or Injury of an Employee.
Paid sick leave credits may be used when the
.employee is off work because of a temporary
illness or injury.
b. Permanent Disability Sick Leave. Permanent
disability means the employee suffers from a
disabling physical injury or illness and is
thereby prevented from engaging in any
County occupation for which the employee is
qualified by reason of education, training or
experience. _ Sick leave may be used by
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y
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 rto a communicable disease.
d. Sick Leave Utilization for Pre nq ancy Disability.
Employees whose disability is caused or
contributed to by pregnancy, miscarriage,
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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:
l . 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.
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3. Sick leave may not be utilized after the
employee has been released from the
hospital unless the employee has
provided the County with a written
statement from her attending physician
stating that her disability 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.
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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 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.
14.4 Administration of Sick Leave. The proper
administration of sick leave is a responsibility of the
employee and the department head. The following
procedures apply:
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.
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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.
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
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made in the following ways:
1 . Calling the employee's residence
telephone number or other contact
telephone number provided by the
employee if telephone notification was
not made in accordance with
departmental sick leave call-in guidelines.
These inquiries shall be subject to any
restrictions imposed by the employee
under Section 14.4.a.
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,
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as specified above.
Department heads are responsible for
establishing timekeeping procedures
which will insure the submission of a time
card covering each employee absence and
for operating their respective offices in
accordance with these policies and with
clarifying regulations issued by the Office
of the County Administrator.
To help assure uniform policy application,
the Personnel Director or designated
management staff of the County
Personnel Department should be
contacted with respect to sick leave
determinations about which the
department is in doubt.
14.5 Disability.
A. An employee physically or mentally
incapacitated for the performance of duty is
subject to dismissal, suspension or demotion,
subject to the County Employees Retirement
Law of 1937. An appointing authority after
giving notice may place an employee on leave
if the appointing authority has filed an
application for disability retirement for the
employee, or whom the appointing authority
believes to be temporarily or permanently
physically or mentally incapacitated for the
performance of the employee's duties.
67
B. An appointing authority who has reasonable
cause to believe that there are physical or
mental health conditions present- in an
employee which endanger the health or safety
of the employee, other employees, or the
public, or which impair the employee's
performance of duty, may order the employee
to undergo at County expense and on the
employee's paid time, a physical, medical
and/or psychiatric examination by a licensed
physician and receive a report of the findings
on such examination. If the examining
physician recommends that treatment for
physical or 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
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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 deems necessary in accordance
with appropriate provisions of this MOU.
E. Before an employee is placed on an unpaid
leave of absence or suspended because of
physical or mental incapacity under (A) or (B)
above, the employee shall be given notice of
the proposed leave of absence or suspension
by letter or memorandum, delivered
personally or by certified mail, containing the
following:
1 . a statement of the leave of absence or
suspension proposed;
2 . the proposed dates or duration of the
leave or suspension which may be
indeterminate until a certain physical or
mental health condition has been attained
by the employee;
3. a statement of the basis upon which the
action is being taken
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4. a statement that the employee may review
the materials upon which the action is
taken;
5. a statement that the employee has until a
specified date (not less than seven (7)
work days from personal delivery or
mailing of the notice) to respond to the
appointing authority orally or in writing.
F. Pending response to the notice the appointing
authority for cause specified in writing may
place the employee on a temporary leave of
absence, with pay.
G. The employee to whom the notice has been
delivered or mailed shall have seven (7) work
days to respond to the appointing authority
either orally or in writing before the proposed
action may be taken.
H. After having complied with the notice
requirements above, the appointing authority
may order the leave of absence or suspension
in writing stating specifically the basis upon
which the action is being taken, delivering the
order to the employee either personally or by
certified mail, effective either upon personal
delivery or deposit in the U.S. Postal Service.
I. An employee who is placed on leave or
suspended under this section may, within ten
(10) calendar days after personal delivery or
mailing to the employee of the order, appeal
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the order in writing through the Director of
Personnel to the Merit Board. Alternatively, the
employee may file a written election with the
Director of Personnel waiving the employee's
right to appeal to the Merit Board in favor of
appeal to a Disability Review Arbitrator.
�. In the event of an appeal either to the Merit
Board or the Disability Review Arbitrator, the
employee has the burden of proof to show
that either:
1 . the physical or mental health condition
cited by the appointing authority does not
exist, or
2 . the physical or mental health condition
does exist, but it is not sufficient to
prevent, preclude, or impair the
employee's performance of duty, or is not
sufficient to endanger the health or safety
of the employee, other employees, or the
public.
K. If the appeal is to the Merit Board, the order
and appeal shall be transmitted by the
Director of Personnel to the Merit Board for
hearing under the Merit Board's Procedures,
Section 1 1 14- 1 128 inclusive. Medical reports
submitted in evidence in such hearings shall
remain confidential information and shall not
be a part of the public record.
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L: If the appeal is to a Disability Review
Arbitrator, the employee (and his
representative) will meet with the County's
representative to mutually select the Disability
Review Arbitrator, who may be a de facto
arbitrator, or a physician, or a rehabilitation
specialist, or some other recognized specialist
mutually selected by the parties. The
arbitrator shall hear and review the evidence.
The decision of the Disability Review
Arbitrator shall be binding on both the County
and the employee.
Scope of the Arbitrator's Review.
1 . The arbitrator may affirm, modify or
revoke the leave of absence or
suspension.
2. The arbitrator may make his decision
based only on evidence submitted by the
County and the employee.
3 . The arbitrator may order back pay or paid
sick leave credits for any period of leave
of absence or suspension if the leave or
suspension is found not to be
sustainable, subject to the employee's
duty to mitigate damages.
4. The arbitrator's fees and expenses shall
be paid one-half by the County and one-
half by the employee or employee's
association.
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M. It is understood that the benefits specified in
Sections 14 and 17 shall be coordinated with
the rehabilitation program as determined by
the labor-management committee.
14.6 Accrual During Leave Without Pay. No
employee who has been granted a leave without pay or
an unpaid military leave shall accrue any sick leave
.credits during the time of such leave nor shall an
employee who is absent without pay accrue sick leave
credits during the absence.
14.7 Integration of State Disability Benefits with
the County Sick Leave Benefit Program. Employees
eligible for State Disability benefits and sick leave
benefits for any portion of disability shall be required
to make application for both benefits. The . State
Disability benefits shall be returned to the County to
be credited to the employees sick leave balance on the
following basis:
a. Integration with State Disability is automatic
and cannot be waived.
b. The amount credited to the employees sick
leave balance shall be converted to sick leave
hours by dividing the amount received from
State Disability Insurance by the employee's
straight time hourly rate, at the time of
payment, as determined by the appropriate
salary schedule for the employee's class of
employment.
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C. If the employee is eligible for State Disability
Insurance benefits, application must be made
and the benefits returned. to the County for
sick leave credits so that the principle of
integration is completed.
d. In the event an employee is not eligible for
sick leave credits from the County, there will
be no integration and the employee shall not
return State Disability Insurance benefits to
the County.
e. In the event an employee receives sick leave
benefits for a portion of the disability period,
State Disability benefits must be utilized to
restore only those sick leave hours used
during the period of disability.
f. Restoration of sick leave balances sha!I be
rounded to the nearest one-half 0 /2) hour.
g. In no instance will an employee be allowed to
purchase sick leave not accrued.
h. The County will provide separate accounting
for the purchase sick leave to insure that State
Disability Insurance benefits are not taxable.
14.8 Disability Insurance Review Committee. The
County shall establish a Disability Insurance Review
Committee consisting of one representative from each
employee organization and four management
representatives to review and recommend to the
Director of Personnel the feasibility of implementing a
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self-funded and self-administered disability insurance
program.
14.9 Employee Annual Health Examination.
Employees of the County who work in a Health
Services Department facility will annually be required
to complete a Health Questionnaire and take a
Tuberculosis Skin Test. A chest X-Ray will be required
if the employee has previously had a positive reaction
to a tuberculosis skin test. 'However employees will not
be required to take X-Ray exams in excess of what is
required by applicable Federal and State laws.
Employees will also be requested to be screened for
Rubella immunity. If the result of the Rubella test is
negative, the appointing authority or designee will
recommend that the employee become immunized. If
the employee has, direct patient contact and refuses to
become- immunized, said employee will be relocated to
an . indirect patient contact area.
SECTION 15 - CATASTROPHIC LEAVE BANK
15.1 Program Design. Effective April 1 , 1994, the
County Personnel Department will begin operation of
a Catastrophic Leave Bank which is designed to assist
any County employee who has exhausted all paid
accruals due to a serious or catastrophic illness, injury,
or condition of the employee or family member. The
program establishes and maintains a Countywide bank
wherein any employee who wishes to contribute may
authorize that a portion of his/her accrued vacation,
compensatory time, holiday compensatory time or
- 75 -
floating holiday be deducted from those account(s)
and credited to the Catastrophic Leave Bank. Upon
approval, credits from the Catastrophic Leave Bank
may be transferred to a requesting employee's sick
leave account so that employee may remain in paid
status for a longer period of time, thus partially
ameliorating the financial impact of the illness, injury,
or condition.
Catastrophic illness or injury is defined as a critical
medical condition, a long-term major physical
impairment or disability which manifests itself during
employment.
15.2 Operation. The plan will be administered
under the direction of the Personnel Director. The
Personnel Department will be responsible for receiving
and recording all donations of accruals and for ,
initiating transfer of credits from the Bank to the
recipient's sick leave account. Disbursement of
accruals will be subject to the approval of a six (6)
member committee composed of three (3) members
appointed by the County Administrator and three (3)
members appointed by the majority representative
employee organizations. The committee shall meet as
necessary to consider all requests for credits and shall
make determinations as to the appropriateness of the
request and the amount of accruals to be awarded.
Consideration of all requests by the committee will be
on an anonymous requestor basis.
Hours transferred from the Catastrophic Leave Bank to
a recipient will be in the form of sick leave accruals
and shall be treated as regular sick leave accruals.
-
76 -
To receive credits under this plan, an employee must
have permanent status, must have exhausted all time
off accruals to a level below eight (8) hours total, have
applied for a medical leave of absence and have
medical verification of need.
Donations are irrevocable and may be made in
minimum blocks of eight (8) hours per donations from
balances in the vacation, holiday, floating holiday,
compensatory time, or holiday compensatory time
accounts.
Time donated will be converted to a dollar value and
the dollar value will be converted back to sick leave
accruals at the recipient's base hourly rate when
disbursed. Credits will not be on a straight hour-for-
hour basis. All computations will be on a standard
173 . 33 basis, except that employees on other than a
40 hour week will have hours prorated according to
their status.
Any recipient will be limited to a total of 1040 hours or
its equivalent per catastrophic event; each donor will
be limited to 120 hours per calendar year.
No element of this plan is grievable. All appeals from
either a donor or recipient will be resolved on a final
basis by the Director of Personnel.
This Catastrophic Leave Bank program is adopted on
a twelve-month pilot program ending April 1 , 1995. Its
continuation will be subject to consideration of
administrative ease of operation, cosh and acceptance
by employees.
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No employee will have any entitlement to catastrophic
leave benefits. The award of Catastrophic Leave will be
at the sole discretion of the committee, both as to
amounts of benefits awarded and as to persons
awarded benefits. Benefits may be denied, or awarded
for less than six months. The committee will be
entitled to limit benefits in accordance with available
contributions and to choose from among eligible
applicants, on an anonymous basis, those who will
receive benefits.
Any unused hours transferred to a recipient will be
returned to the Catastrophic Leave Bank.
SECTION 16 - STATE DISABILITY INSURANCE (SDI)
Effective July 1 , 1994, the County will begin a six-
month pilot program for employees eligible for State
Disability benefits. At the end of the six (6) month pilot
program, the County will meet and confer to evaluate
whether the plan will be continued. Employees eligible
for SDI benefits will be required to make application
.for SDI benefits and to have those benefits integrated
with the use of their sick leave accruals on the
following basis:
16.1 General Provisions. The California SDI
program provides disability benefits beginning on the
eighth (8) calendar day of a qualifying disability. The
maximum period of state disability payments is up to
one year. Determination of SDI payments and
eligibility to receive payments is at the sole discretion
of the State of California.
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Integration means that employees will be required to
use sick leave accruals to supplement the difference
between the amount of the SDI payment and the
employee's base monthly salary. Integration of sick
leave with the SDI benefit is automatic and cannot be
waived. Integration applies to all SDI benefits paid. For
employees off on SDI, the department will make
appropriate integration adjustments, including
retroactive adjustments if necessary. Employees must
inform their department of hospitalization in a timely
manner in order for the department to make
appropriate integration adjustments.
State Disability benefit payments will be sent directly
to the employees at their home address by the State of
California.
When there are insufficient sick leave accruals
available to fully supplement the difference between
the SDI payment and the employee's base monthly
salary, accruals other than sick leave may be used.
These accruals may be used only to the extent that
total payments do not exceed the employee's base
monthly salary.
16.2 Procedures. Employees with more than 1 .2
hours of sick leave accruals at the beginning of the
disability integration period must integrate their sick
leave accrual usage with their SDI benefit to the
maximum extent possible.
When employees have 1 .2 hours or less of sick leave
accruals at the beginning of the disability integration
period, the department shall automatically use 0. 1
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hour of sick leave per month for the duration of their
SDI benefit.
When sick leave accruals are totally exhausted,
integration with the SDI benefit terminates. An
employee may use any other accruals without
reference to or integration with the SDI benefit.
When the SDI benefit is exhausted, sick leave
integration terminates. Then the employee may use
sick leave or other accruals.
Employees with no sick leave balance at the beginning
of the disability integration period may use any other
accruals without reference to or integration with the
SDI benefit.
Employees whose SDI claims are denied must present
a copy of their claim denial to their department. The
department will then authorize use of unused sick
leave and shall authorize the use of other accruals as
appropriate.
Employees may contact the Personnel Department,
Benefits Division, for assistance in resolving problems.
16.3 Method of Integration. Until an employee has
a balance of 1 .2 hours of sick leave, the employee's
sick leave accrual charges while receiving SDI benefits
shall be calculated each month.
The amount of sick leave charged each employee will
be calculated in the following manner:
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The percentage of base monthly salary not covered by
the SDI benefit will be applied to the daily hours in the
employee's schedule and that number of sick leave
hours will be charged against the employee's sick
leave accruals.
For purposes of integration with the SDI program, all
full time employees' schedules will be converted to 8-
hour/5-day weekly work schedules during the period
of integration.
The formula for full time employees' sick leave
integration charges is shown below:
L = [(S-D) - S] x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3-mos) Earnings [H = S x 31
W = Weekly SDI Benefit from State of California SDI Weekly
Benefit Table
C = Calendar Days in each Month
D = Estimated Monthly SDI Benefit [D = (W = 7) x C]
L = Sick Leave Charged per Day
Permanent part-time, permanent-intermittent
employees, and those full time employees working a
light/limited duty reduced schedule program shall
have their sick leave integration adjusted accordingly.
16.4 Definition. "Base Monthly Salary" for purposes
of sick leave integration is defined as the salary
amount for the employee's step on the salary schedule
for the employee's permanent classification as shown
in the "Salary" field on the On-Line Payroll Time
Reporting System used by departments for payroll
reporting purposes.
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16.5 Conversion to the .New SDI Program. For all
employees receiving SDI benefits prior to July 1 , 1994,
conversion to the new SDI program operated by
departmental payroll staff will be coordinated by the
Personnel Department, Benefits Division.
All employee SDI benefit checks received in the
Personnel Department and signed over to the County
by June 30, 1994, will be deposited and used to buy
back the employee's sick leave, with sick leave credits
appearing on the July 10th pay warrants insofar as
possible.
All Employee SDI benefit checks received, but not
signed over to the County, by June 30, 1994, will be
returned to the employee. All employee SDI benefit
checks received after June 30, 1994, will be returned
to the employee. In both these situations, no sick leave
buy back will be made, regardless of the calendar
period to which the benefit checks pertain. Program-
transfer to departmental payroll staff will be effective
July 1 , 1994 for the month of July with the first
computation of SDI benefits and integration with sick
leave under the new program made on the August 101
1994 pay warrants covering the July 1994 payroll
period.
SECTION 17 - WORKERS' COMPENSATION
A. Employees who leave work as a result of an
on-the-job injury will have the balance of that
day charged to sick leave and/or vacation
accruals. This will be considered as the last
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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 exceed
fourteen (14) days.
Permanent employees shall continue to
receive their regular salary during any period
of compensable temporary disability absence
in accordance with Section 5 of the January
28, 1992 Letter of Agreement between the
County and the Health Care Coalition (see
Exhibit 1). "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 from any County funded wage
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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 has expired, whichever
comes first. All continuing pay under the
Workers' Compensation Program will be
cleared through the County Administrator's
Office, Risk Management 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. Full Pax Beyond One Year. If an injured
employee remains eligible for temporary
disability beyond one year, the employee's
Applicable salary will continue by integrating
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sick leave and/or vacation accruals with
Workers' Compensation benefits. If salary
integration is no longer available, Workers'
Compensation benefits will be paid directly to
the employee as prescribed by Workers'
Compensation laws.
E. Rehabilitation Integration. An injured
employee who is eligible for Workers'
Compensation Rehabilitation Temporary
Disability benefits and whose disability is
medically permanent and stationary will
continue to receive his/her applicable salary
by integrating sick leave and/or vacation
accruals with Workers' Compensation
Rehabilitation Temporary Disability 'benefits
until those accruals are exhausted.
Thereafter, the Rehabilitation Temporary
Disability benefits will be paid directly to the
employee.
F. Health Insurance. The County contribution to
the employee's group insurance plan(s)
continues during the continuing pay period
and during integration of sick leave or
vacation with Workers' Compensation
benefits.
G. Method of Integration. An employee's sick
leave and/or vacation charges shall be
calculated as follows:
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C = s [1 - (W -- SA
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
SECTION 18 - LEAVE OF ABSENCE
18.1 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.
18.2 General Administration - Leaves of Absence.
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.
A. Leave without pay may be granted for any of
the following reasons:
1 . Illness or disability;
2. pregnancy;
3 . parental;
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4. to take a course of study such as will
increase the employee's usefulness on
return to the position.
5. for other reasons or circumstances
acceptable to the appointing authority.
B. 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.
C. A leave without pay may be for a period not to
exceed one (1 ) year, provided the appointing
authority may extend such leave for additional
periods. The 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.
D. 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 accordance with
Section 18. 5 below.
E. Whenever an employee who has been granted
a leave without any pay desires to return
_ 87 _
before the expiration of such leave, the
employee shall submit a request to the
appointing authority in writing at least fifteen
(1 5) days in advance of the proposed return.
Early return is subject to prior approval by the
appointing authority. The Personnel
Department shall be notified promptly of such
return.
F. 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 on
granting or denying leave or early return from
leave shall be subject to appeal to the
Personnel Director and not subject to appeal
through the grievance procedure set forth in
this MOU.
18.3 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 5.8 (Compensation for Portion of
Month) of this MOU. 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,
_ 88 _
floating holiday, and otheraccrual credits for
employees taking furlough time, this provision shall
supersede Section 12. 1 , 13. 1 , 13.3, and 14.2 of this
MOU 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. The existing VTO program
shall be continued for the life of the contract.
18.4 Military Leave. Any employee in the merit
system 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 reference to
salary adjustments or continuation of employment.
For purposes of determining eligibility for salary
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adjustments or seniority in case of layoff or
promotional examination, time on military leave shall
be considered as time in County service.
Any employee who has been granted a military leave,
may upon return, be required to furnish such evidence
of performance of military service or of honorable
discharge as the Director of Personnel may deem
necessary.
18.5 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 leave (less if so
requested by the employee) 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
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.
18.6 Certification. 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.
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18.7 Intermittent Use- of Leave. 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 18. 12 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.
18.8 Aggregate Use for Spouses. In the situation
where husband and wife are both employed by the
County, the family care of 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 authority(ies) when their
spouse is also employed by the County.
18.9 Definitions. 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.
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b. Parent: A biological, foster, or adoptive parent,
a step-parent, legal guardian, conservator, or
other person standing in loco parentis to a
child.
C. Spouse: 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
residential health care facility or continuing
treatment or continuing supervision by a
health care provider (e.g. physician or
surgeon) as defined by state and federal law.
f. Certification for Family are 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;
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2. thep robable 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
period of treatment or supervision;
5 . 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.
g. Certification for Family 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;
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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 Positions:' 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. Ordinarily, the job assignment will be
the same duties in -the same program area
located in the same city, although specific
clients, caseload, co-workers, supervisor(s), or
other staffing may have changed during an
employee's leave.
18.10 Pregnancy Disability Leave. Insofar as
pregnancy disability leave is used under Section 14.3.d
(Sick Leave Use for Pregnancy Disability), that time will
not be considered a part of the 18 week family care
leave period.
18.11 Group Health Plan Coverage. Employees who
were members of one of the group health plans prior
to commencement of their leave of absence can
maintain their health plan coverage with the County
contribution by maintaining their employment in pay
status as described in Section 14.3.d. During the 18
weeks of an approved medical or family care leave
under Section 18.6 above, the County will continue its
contribution for such health plan coverage even if
accruals are not available for use to maintain pay
status as required under Section 18. 12 . In order to
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maintain such coverage, employees are required to pay
timely the full employee contribution to maintain their
group health plan coverage, either through payroll
deduction or by paying the County directly.
18.12 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve
(12) month period of any leave of absence
without pay, an employee may elect to
maintain pay status each month by using
available sick leave (if so entitled under
Section 14.3 - Policies Governing the Use of
Paid Sick Leave), vacation, floating holiday,
compensatory time off or other accruals or
entitlements; in other words, during the first
twelve 0 2) months, a leave of absence
without pay may be "broken" into segments
and accruals used on a monthly basis at the
employee's discretion. After the first twelve
0 2) months, the leave period may not be
"broken" into segments and accruals may not
be used, except when required by LTD Benefit
Coordination or SDI/Sick Leave Integration or
as provided in the sections below.
B. Family Care or Medical Leave. During the 18
weeks of an approved medical or family care
leave, if a portion of that leave will be on a
leave of absence without pay, the employee
will be required to use at least 0. 1 hour of sick
leave (if so entitled under Section 14. 3 -
Policies Governing. the Use of Paid Sick Leave),
vacation floating holiday, compensatory time
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off or other accruals or entitlements if such
are available, although use of additional
accruals is permitted under subsection A.
above.
C. Leave of Absence/Long Term Disability (LTD)
Benefit Coordination. An eligible employee
who files an LTD claim and concurrently takes
a leave of absence without pay will be
required to use accruals as provided in
Section B ' herein during the 18 weeks
entitlement period of a medical leave specified
above. If an eligible employee continues
beyond the 18 weeks entitlement period on a
concurrent leave of absence/LTD claim, the
employee may choose to maintain further pay
status only as allowed under subsection A.
herein.
D. Sick leave accruals may not be used during
any leave of absence, except as allowed under
Section 14.3 - Policies Governing the Use of
Paid Sick Leave.
18.13 Leave of Absence Replacement and
Reinstatement. Any permanent employee who
requests reinstatement to the classification held by
the employee in the same department at the time the
employee was granted a leave of absence, shall be
reinstated to a position in that classification and
department and then only on the basis of seniority. In
case of severance from service by reason of the
reinstatement of a permanent employee, the
provisions of Section 11 - Seniority, Workforce
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Reduction, Layoff & Reassignment shall apply.
18.14 Reinstatement From Family Care Medical
Leave. In the case of a family care or medical leave, an
employee on a 5/40 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. A full time employee taking an intermittent
or reduced work schedule leave shall be reinstated to
the same or comparable position if the return to work
on a full schedule is after no more than 720 hours,
including use of accruals, of intermittent or reduced
schedule leave. At the time the original leave is
approved, the appointing authority shall notify the
employee in writing of the final date to return to work,
or the maximum number of hours of leave, in order to
guarantee reinstatement to the same or comparable
position. An employee on a schedule other than 5/40
shall have the time frame for reinstatement to the
same or comparable position adjusted on a pro rata
basis.
18.15 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.
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18.16 Unauthorized Absence. An unauthorized
absence from the worksite or failure to report for duty
after a leave request has been disapproved, revoked,
or canceled by the appointing authority, or at the
expiration of a leave, shall be without pay. Such
absence may also be grounds for disciplinary action.
18.17 Non-Exclusivity. Other MOU language on this
subject, not in conflict with this MOU, shall remain in
effect.
SECTION 19 - JURY DUTY AND WITNESS DUTY
Jury Duty. For purposes of this Section, jury duty shall
be defined as any time an employee is obligated to
report to the court.
1 . When called for jury duty, County employees,
Like other citizens, are expected to discharge
their jury duty responsibilities.
2. Employees shall advise their department as
soon as possible if scheduled to appear for
jury duty.
3 . If summoned for jury duty in a Municipal,
Superior, or Federal Court, or a Coroners jury,
employees may remain in their regular County
pay status, or they may take paid leave
(vacation, floating holiday, etc.) or leave
without pay and retain all fees and expenses
paid to them.
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4. When an employee is summoned for jury duty
selection or is selected as a juror in a
Municipal, Superior or Federal Court,
employees may remain in a regular pay status
if they waive all fees (other than mileage),
regardless of shift assignment and the
following shall apply:
a. If an employee elects to remain in a_
regular pay status and waive or surrender
all fees (other than mileage), the
employee shall obtain from the Clerk or
jury Commissioner a certificate indicating
the days attended and noting that fees
other than mileage are waived or
surrendered. The employee shall furnish
the certificate to his department where it
will be retained as a department record.
No "Absence/Overtime Record" is
required.
b. An employee who elects to retain all fees
must take leave (vacation, floating
holiday, etc.) or leave without pay. No
court certificate is required but an
"Absence/Overtime Record" must be
submitted to the department payroll clerk.
5 . Employees are not permitted to engage in any
employment regardless of shift assignment or
occupation before or after daily jury service
that would affect their ability to properly serve
as jurors.
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6. An employee on short notice standby to
report to court, whose job duties make short
_notice response impossible or impractical,
shall be given alternate work assignments for
those days to enable them to respond to the
court on short notice.
7. When an employee is required to serve on jury
duty, the County will adjust that employee's
work schedule to coincide with a Monday to
Friday schedule for the remainder of their
service, unless the employee requests
otherwise. Participants in 9/80-4/10 work
schedules will not receive overtime or comp
time credit for Jury Duty on their scheduled
days off.
8. Permanent-intermittent employees are entitled
to paid jury duty leave only for those days on
which they were previously scheduled to work.
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.
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.
_ 100 -
Retention or waiver of fees shall be governed by the
same provisions as apply to jury duty as set forth in
Section 19 of this MOU. 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 20 - HEALTH & WELFARE, LIFE & DENTAL
CARE
20.1 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 employees
regularly scheduled towork twenty (20) or more hours
per week. Effective February 1 , 1994 the QualMed
Health Plan will be added. During the term of this
MOU, all conditions and agreements regarding health,
dental and related benefits contained in the January
131 1994 Agreement (attached as Exhibit E) between
the County and the Labor Coalition shall be in effect.
20.2 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.
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20.3 Medicare Rates. Corresponding Medicare
rates for employees covered under this MOU shall be
as follows: for Employee Only on Medicare by taking
the Employee Only rate for the option selected and
subtracting the monthly Part B Medicare premium
withheld from Social Security payments for one
enrollee; for Employee and Dependent(s) with one
member on Medicare by taking the Employee and
Dependent(s) rate for the option selected and
subtracting the monthly Part B Medicare premium
withheld from Social Security payments for one
enrollee; for Employee and Dependent(s) with two
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.
20. 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.
20.5 Coverag_ a Durinq Absences. An employee on
approved leave shall be allowed to continue his/her
health plan coverage at the County group rate for
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twelve (12) months provided that the employee shall
pay the entire premium for the Health Plan during said
leave.
An employee on leave in excess of twelve (1 2) 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 costofcoverage 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.
An employee who terminates County employment may
convert to individual health plan coverage, if available,
or may continue County group health plan coverage to
the extent provided under COBRA by making premium
payments to the County at a time and place specified
by the County.
20.6 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.
20.7 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
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into the health coverage combination- of his/her
choice.
An eligible employee who is no longer covered for
medical or dental coverage through a spouse's
coverage shall be allowed to enroll or transfer into the
health coverage combination of his/her choice within
thirty (30) days of the date coverage is no longer
afforded under the spouse's plan.
SECTION 21 - PROBATIONARY PERIOD
21 .1 Duration. All appointments from officially
promulgated employment lists for original entrance or
promotion shall be subject to a probationary period.
This period shall be from six (6) months to two (2)
years duration.
21 .2 Revised Probationary Period. When the
probationary. period for a class is changed, only new
appointees to positions in the classification shall be
subject to the revised probationary period.
21 .3 Criteria. The probationary period shall date
from the time of appointment to a permanent position
after certification from an eligible list. it shall not
include time served under provisional appointment or
under appointment to limited term positions or any
period of continuous leave of absence without pay or
period of work connected disability exceeding fifteen
(15) calendar days.
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For those employees appointed to permanent-
intermittent positions with a six (6) months probation
period, probation will be considered completed upon
serving one thousand (1 ,000) hours after appointment
except that in no instance will this period be less than
six (6) calendar months from the beginning of
probation. - If a permanent-intermittent probationary
employee is reassigned to full time, credit toward
probation completion in the full time position shall be
prorated on the basis of one hundred seventy-three
(173) hours per month.
21 .4 Rejection During Probation. An employee
who is rejected during the probation period and
restored to the eligible list shall begin a new
probationary period if subsequently certified and
appointed.
A. Appeal From Rejection. Notwithstanding any
other provisions of.this section, an employee
(probationer) shall have the right to appeal
from any rejection during the probationary
period based on political, or religious, or
union activities, or race, color, national origin,
sex, age, handicap, or sexual orientation.
B. The appeal must be written, must be signed
by the employee and set forth the grounds
and facts by which it is claimed that grounds
for appeal exist under Subsection A and must
be filed through the Director of Personnel to
the Merit Board by 5 :00 p.m. on the seventh
(7th) calendar day after the date of delivery to
the employee of notice of rejection.
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C. The Merit Board shall consider the appeal, and
if it finds probable cause to believe that the
rejection may have been based on grounds
prohibited in Subsection A, it may refer the
matter to a Hearing Officer for hearing,
recommended findings of fact, conclusions of
law and decision, pursuant to the relevant
provisions of the Merit Board rules in which
proceedings the rejected probationer has the
burden of proof.
D. If the Merit Board finds no probable cause for
a hearing, it shall deny the appeal. If, after
hearing, the Merit Board upholds the appeal,
it shall direct that the appellant be reinstated
in the position and the appellant shall begin a
new probationary period unless the Merit
Board specifically reinstates the former
period.
21 .5 Regular Appointment. The regular
appointment of a probationary employee shall begin
on the day following the end of the probationary
period, subject to the condition that the Director of
Personnel receive from the appointing authority a
statement in writing that the services of the employee
during the probationary period were satisfactory and
that the employee is recommended for permanent
appointment. A probationary employee may be
rejected at any time during the probation period
without regard to the Skelly provisions of this MOU;
without notice and without right of appeal or hearing
except as provided in Section 21 A.A. If the appointing
authority has not returned the probation report, a
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probationary employee may be rejected from the
service within a reasonable time after the probation
period for failure to pass probation. The appointing
authority shall attempt to give a probationary
employee five (5) days notice of said rejection. If the
appointing authority fails to submit in a timely manner
the proper written documents certifying that a
probationary employee has served in a satisfactory
manner and later acknowledges it was his or her
intention to do so, the regular appointment shall begin
on the day following the end of the probationary
period.
Notwithstanding any other provisions of the MOU, an
employee rejected during the probation period from a
position in the Merit System to which the employee
had been promoted or transferred from an eligible list,
shall be restored to a position in the department from
-which the employee was promoted or, transferred.
An employee dismissed for other than disciplinary
reasons within six (6) months after being promoted or
transferred from a position in the Merit System to a
position not included in the Merit System shall be
restored to a position in the classification in the
department from which the employee was promoted or
transferred.
A probationary employee who has been rejected or has
resigned during probation shall not be restored to the
eligible list from which the employee was certified
unless the employee receives the affirmative
recommendation from the appointing authority and is
certified by the Personnel Director whose decision is
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final. The Director of Personnel shall not certify the
name of a person restored to the eligible list to the
same appointing authority by whom the person was
rejected from the same eligible list, unless such
certification is requested in writing by the appointing
authority.
21 .6 Layoff During Probation. An employee who
is laid off during probation, if reemployed in the same
class by the same department, shall be required to
complete only the balance of the required probation.
If reemployed in another department or in another
classification, the employee shall serve a full
probationary period. An employee appointed to a
permanent position from a layoff or reemployment list
is subject to a probation period if the position is in a
department other than the department from which the
employee separated, displaced, or voluntarily demoted
in lieu of layoff. An appointment from a layoff or
reemployment list is not subject to a probation period
if the position is in the department from which the
employee separated, displaced or voluntarily demoted
in lieu of layoff.
21 .7 Rejection During Probation of Layoff
Employee. An employee who has achieved permanent
status in the class before layoff and who subsequently
is appointed from the layoff list and then rejected
during the probation period shall be automatically
restored to the layoff list, unless discharged for cause,
if the person is within the period of layoff eligibility.
The employee shall begin a new probation period if
subsequently certified and appointed in a different
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department or classification than that from which the
employee was laid off.
SECTION 22 - PROMOTION
22.1 Competitive Exam. Promotion shall be by
competitive examination unless otherwise provided in
this MOU.
22.2 Promotion Policy. The Director of Personnel,
upon request of an appointing authority, shall
determine whether an examination is to be called on
a promotional basis.
22.3 Open Exams. If an examination for one of the
classes represented by the Union is proposed to be
announced on an open only basis, the Director of
Personnel shall give five (5) days prior notice of such
proposed announcement and shall meet at the request
of the Union to discuss the reasons for such open
announcement.
22.4 Promotion Via Reclassification Without
Exam. Notwithstanding other provisions of this
Section, an employee may be promoted from one
classification to a higher classification and his/her
position reclassified at the request of the appointing
authority and under the following conditions:
a. An evaluation of the position(s) in question
must show that the duties and responsibilities
have significantly increased and constitute a
higher level of work.
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b. The incumbent of the position must have
performed at the higher level for one (1 ) year.
C. The incumbent must meet the minimum
education and experience requirements for
the higher class.
d. The action must have approval of the
Personnel Director.
e. The Union approves such action.
f. Except in unique situations approved by the
Personnel Director, the employee must have
passed the examination, if any, for the
classification and be on the eligible list.
The appropriate rules regarding probationary status
and salary on promotion are applicable.
22.5 Reg u i rements for Promotional Standing. In
order to qualify for an examination called on a
promotional basis, an employee must have
probationary or permanent status in the merit system
and must possess the minimum qualifications for the
class. Applicants will be admitted to promotional
examinations only if the requirements are met on or
before the final filing date. If an employee who is
qualified on a promotional employment list is
separated from the merit system, except by layoff, the
employee's name shall be removed from the promo-
tional list.
22.6 Seniority Credits"'. Employees who have
qualified to take promotional examinations and who
o I
have earned a total score, not including seniority
credits, of seventy percent QOYQ or more shall receive,
in addition to all other credits, five one-hundredths of
one percent (.05%) for each completed month of
service as a permanent County employee continuously
preceding the final date, for filing application for said
examination. For purposes of seniority credits, leaves
of absence shall be considered as service. Seniority
credits shall be included in the final percentage score
from which the rank on the promotional list is deter-
mined. No employee, however, shall receive more than
a total of five percent (5%) credit for seniority in any
promotional examination.
22.7 Denial of Review. If a department denies an
employee's request for reclassification or
reassignment to a higher (not flexibly staffed) level in
a deep class or to other classes represented by the
Union, upon request of the Union, the denial will be
reviewed by the Personnel Director and appointing
authority. The decision of the Personnel Director shall
be given to the Union in writing within sixty (60) days
of the request of the review.
22.8 Release Time for Examinations. Permanent
employees shall be granted release time from work
without loss of pay to take County promotional
examinations or take interviews for a County
promotional position provided the employee gives the
Department sufficient notice of the need for time off.
SECTION 23 - TRANSFER
23.1 Transfer Conditions. The following conditions
are required in order to qualify for transfer:
a. The position shall be in the same class, or if in
a different class shall have been determined
by the Director of Personnel to be appropriate
for transfer on the basis - of minimum
qualifications and qualifying procedure;
b. the employee shall have permanent status in
the merit system and shall be in good
standing;
C. the appointing authority or authorities
involved in the transaction shall have
indicated their agreement in writing;
d. the employee concerned shall have indicated
agreement to the change in writing;
e. the Director of Personnel shall have approved
the change.
Notwithstanding the foregoing, transfer may also be
accomplished through the regular appointment
procedure provided that the individual desiring
transfer has eligibility on a list for a class for which
appointment is being considered.
23.2 Transfer Policy. Any employee or appointing
authority who desires to initiate a transfer may inform
the Director of Personnel in writing of such desire
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stating the reasons therefore. The Director of
Personnel shall if he or she considers that the reasons
are adequate and that the transfer will be for the good
of the County service and the parties involved, inform
the appointing authority or authorities concerned and
the employee of the proposal and may take the ini-
tiative in accomplishing the transfer.
The County will provide the union with a list of
administrative/personnel officers of each County
department. it is the responsibility of employees to
contact County departments and inform them of their
desire to transfer. Employees who transfer from one
department to another shall serve a three month
probationary period. Provisions of this section do not
apply to transfers from eligible lists.
23.3 Transfer Procedure. The Personnel Director
will send a list of employees interested in a transfer to
departments with each certification (referral) from an
employment list for a vacant position. The appointing
authority will review the transfer list and may contact
employees interested in a transfer. In the case of
vacant positions at the Clerk-Senior and Specialist
levels, Secretary-Advanced Level, Deputy Clerk-Senior,
Specialist and Courtroom Clerk levels, and Account
Clerk-Advanced level where the deep class resolution
requires notification/posting of the. vacancy and
interview of interested "bidders" within a department,
the appointing authority may request from the
Director of Personnel a referral from the transfer list of
employees who have indicated an interest in such a
transfer. The appointing authority may contact the
employees interested in a transfer and may choose to
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interview them in relation to the vacancy. The decision
of the appointing authority is final. Upon receipt of
the proper documents and in accordance with Sections
23. 1 and 23 .2, employees will be eligible for transfer
upon receipt of approval of the Director of Personnel.
Nothing in this section limits the ability of individuals
to express their interest in a transfer without having
first made a transfer application or restricts an
appointing authority from making a transfer_
appointment of such an individual.
The County and the union will meet s,ix (6) months
following the adoption of this MOU to review the
modifications made to Sections 23.2 and 23. 3 .
23.4 Reassiqnment of Work Location. Employees
desirous of reassignment to a position in the same
classification at another work location shall submit a
request for reassignment in writing to the Department
Head. When openings occur in various work locations,
requests for reassignment will be reviewed with con-
sideration given to various factors including but not
limited to distance of employee's residence from
desired work location and relative length of service of
the applicants for a particular location. The
Department Head or designated representative shall
make the sole determination as to assignment of
personnel, except as otherwise provided in the
supplemental sections of this MOU. This provision
applies to intradepartmental reassignments only. In no
event shall reassignments be utilized for disciplinary
purposes.
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23.5 Departmental Transfer Agreements. The
agreements between the Union and the Probation
Department, Social Service Department, Sheriffs
Department and Health Services Department
concerning transfer procedures for clerical workers
covered by this MOU shall remain in full force and
effect during the duration of this Agreement.
23.6 Transfer Without Examination. With the
approval of the appropriate appointing
authority/authorities and the consent of the employee,
the Director of Personnel may transfer an employee
from one job classification to another job classification
without examination under the following conditions:
a. the duties and responsibilities of the position
from which the employee is being transferred
are within the occupational area or directly
associated with the duties and responsibilities
of the position to which the employee is being
transferred.
b. the employee must possess the minimum
qualifications for the job classification to
which the employee is being transferred.
C. the employee must serve the probationary
period required for the classification into
which the employee is being transferred.
d. an employee rejected during the probationary
period or who resigns during the probationary
period for other than disciplinary reasons
shall have the right at that time to be restored
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to a position in the classification in the
department from which the employee was
transferred.
SECTION 24 - 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.
24.1 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.
24.2 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 working days have
elapsed without response by employee after
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the mailing of a notice of resignation by the
appointing authority to the employee at the
employee's last known address..
24.3 Effective Resignation. A resignation is
effective when delivered or spoken to the appointing
authority, operative either on that date or another date
specified.
24.4 Revocation. A resignation that is effective is
revocable only by written concurrence of the employee
and the appointing authority.
24.5 Coerced Resignations.
A. Time Limit. A resignation which the employee
believes has been coerced by the appointing
authority may be revoked within seven (7)
calendar days after its expression,- by serving
written notice on the Director of Personnel
and a copy on the appointing authority.
B. Reinstatement. If the appointing authority
acknowledges that the employee could have
believed that the resignation was coerced, it
shall be revoked and the employee returned
to duty effective on the day following the
appointing authority's acknowledgement
without loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the
receipt of the notice, the appointing authority
acknowledges that the resignation could have
been believed to be coerced, this question
117 -
should be handled as an appeal to the Merit
Board. In the alternative, the employee may
file a written election with the Director of
Personnel waiving the employee's right of
appeal to the Merit Board in favor of the
employee's appeal rights under the grievance
procedure contained in Section 26 of the MOU
beginning with Step 3.
D. Disposition. If a final decision is rendered that
determines that the resignation was coerced,
the resignation shall be deemed revoked and
the employee returned to duty effective on
the day following the decision but without loss
of seniority or pay, subject to the employee's
duty to mitigate damages.
24.6 Eligibility for Reemployment. Within one (1 )
year of resignation in good standing from County
service, a person who has had permanent status which
included satisfactory completion of probation may
make application by letter to the Director of Personnel
for placement on a reemployment list as follows: the
class from which the person resigned; or any one class
of equal or lesser rank in the occupational series and
in which the person had previously attained permanent
status; or for any class or deep class which has
replaced the class in which the person previously had
status, provided that the person meets the minimum
requirements for the new class. If the appointing
authority of the department from which the person
resigned recommends reemployment the Director of
Personnel shall grant reemployment privileges to the
person. Consideration of names from a reemployment
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list is mandatory if the appointing authority recom-
mended reemployment of the individual(s) listed but is
optional for other appointing authorities. Names may
be removed from reemployment lists in accordance
with the provisions of Section 11 . 10 of this MOU.
SECTION25 - DISMISSAL , SUSPENSION ,
TEMPORARY REDUCTION IN PAY, AND DEMOTION
25.1 Sufficient Cause for Action. The appointing
authority may dismiss, suspend, temporarily reduce
pay, or demote, any employee for cause. A temporary
reduction in pay is not to exceed more than 5% for a
period of up to three (3) months. The following are
sufficient causes for such action; the list is indicative
rather than inclusive of restrictions and dismissal,
suspension, temporary reduction in pay, or demotion
may be based on reasons other than those specifically
mentioned:
a. absence without leave,
b. conviction of any criminal act involving moral
turpitude,
C. conduct tending to bring the merit system
into disrepute,
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
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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
merit system ordinance or Personnel
Management Regulations,
I. 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 MOU,
o. dishonesty or theft,
p. excessive or unexcused absenteeism and/or
tardiness.
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q. sexual harassment, including but not limited
to unwelcome sexual advances, requests for
sexual favors, and other verbal, or physical
conduct of a sexual nature, when such
conduct has the purpose or effect of affecting
employment decisions concerning an
individual, or unreasonably interfering with an
individual's work performance, or creating an
intimidating and hostile working environment.
25.2 Skelly Requirements. Notice of Proposed
Action (Skelly Notice). Before taking a disciplinary
action to dismiss, suspend for more than five (5) work
days (four (4) work days for employees on 4-10 work
week), 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
take n.
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.
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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.
25.3 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 any extension, the right to respond is
lost.
25.4 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.
25.5 Length of Suspension. Suspensions without
pay shall not exceed thirty (30) days unless ordered by
an arbitrator, an adjustment board or the Merit Board.
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25.6 Procedure on -Dismissal, Suspension,
Temporary Reduction in Pay or Disciplinary
Demotion.
A. In any disciplinary action to dismiss, suspend,
temporarily reduce pay, or demote an
employee having permanent status in a
position in the merit system, after having
complied with the Skelly requirements where
applicable, the appointing authority shall
make an order in writing stating specifically
the causes for the action.
B. Service of Order. Said order of dismissal,
suspension, temporary reduction of pay, or
demotion shall be filed with the Director of
Personnel, showing by whom and the date a
copy was served upon the employee to be
dismissed, suspended or demoted, either
personally or by certified mail to the
employee's last known mailing address. The
order shall be effective either upon 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 of pay, or demotion
either to the Merit Board or through the
procedures of Section 26 - Grievance
Procedure of this MOU provided that such
appeal is filed in writing with the Personnel
Director within ten 0 0) calendar days after
service of said order. An employee may not
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both appeal to the Merit Board and file a
grievance under Section 26 of this MOU.
25.7 Weingarten Rights. In accordance with
applicable Federal law, an employee is entitled to have
a union representative present at an investigatory
interview with the employee's supervisor when the
employee reasonably believes that disciplinary action
might result. It is the responsibility of the employee to
request the presence of a union representative, and
when such a request is made by the employee, the
investigatory interview shall be temporarily recessed
for a reasonable period of time until a union
representative can be present.
SECTION 26 - GRIEVANCE PROCEDURE
26.1 Definition and Procedural Steps. A grievance
is any dispute which involves the interpretation or
application of any provision of this MOU excluding,
however, those provisions of this MOU 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 grievant at
any stage of the process. Grievances must be filed
within thirty (30) days of the incident or occurrence
about which the claims to have a grievance and shall
be processed in the following manner:
Step 1 Any employee or group of employees who
believes that a provision of this MOU has been
misinterpreted or misapplied to his or her detriment
-
124 -
shall discuss the complaint with the grievant's
immediate supervisor, who shall meet with the
grievant 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 MOU has been misinterpreted
or misapplied, how misapplication or misinterpretation
has affected him or her to his or her detriment, and
the redress he or she seeks. A copy of each written
communication on a grievance shall be filed with the
Director of Personnel. The Department Head or his or
her designee shall have ten (10) work days in which to
respond to the grievance in writing.
Step 3 If a grievance is not satisfactorily resolved in
Step 2 above, the grievant may appeal in writing within
ten (10) work days to the Personnel Director. The
Personnel Director or his or her designee shall have
twenty (20) work days in which to investigate the merit
of the complaint and to meet with the Department
Head and the grievant and attempt to settle the
grievance.
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 his/her designee. If the parties
are unable to reach a mutually satisfactory accord on
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any grievance which arises and is presented during the
term of this MOU, such grievance shall be submitted in
writing 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. Where the parties
agree, the Adjustment Board may be comprised of two
(2) Union representatives and two (2) County
representatives. The Adjustment Board shall meet
within twenty (20) work days of receipt of the written
request. If the County fails 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 S If an Adjustment Board is unable to arrive at a
majority decision, either the grievant (or the County,
when alleging a violation of Section 26.6 below) may
require that the grievance be referred to an impartial
arbitrator who shall be designated by mutual
agreement between the grievant 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) days of
the request for arbitration the parties shall mutually
select an arbitrator who shall render a decision within
thirty (30) workdays from the date of final submission
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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 grievant
and the County. Each party, however, shall bear the
costs of its own presentation, including preparation
and post hearing briefs, if any.
26.2 Scope of Adjustment Board & 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 26. 1
above.
C. Proposals to add to or change this MOU or to
change written agreements supplementary
hereto shall not be arbitrable and no proposal
to modify, amend, or terminate this MOU, nor-
any
orany matter or subject arising out of or in
connection with such proposals, may be
referred to arbitration under this Section.
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127 -
Neither any Adjustment Board nor any
arbitrator shall have the power to amend or
modify this MOU 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 Subsection 26. 1 , Step
3 above, or the Adjustment Board in
pursuance of the provisions of Subsection
26. 1 , Step 4 above resolve a grievance which
involves suspension or discharge,. they may
agree to payment for lost time or to
reinstatement with or without payment for
lost time.
E. No change in this MOU or interpretations
thereof (except interpretations resulting from
Adjustment Boards or arbitration proceedings
hereunder) will be recognized unless agreed
to by the County and the Union.
26.3 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
a grievant fails to meet the time limits specified in
Steps 1 through 3 above, the grievance will be deemed
to have been settled and withdrawn.
26.4 Union Notification. An official, with whom a
formal grievance is filed by a grievant who is included
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in a unit represented by the Union, shall give the
Union a copy of the formal presentation.
26.5 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 MOU shall be considered as
grievances. Any other matters of compensation are to
be resolved in the meeting and conferring process, if
not detailed in the MOU 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 (Z) years from the
date upon which the complaint was filed.
26.6 Strike/Work Stoppage. 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, 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
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129 -
duties might cause or aggravate a danger to public
health or safety.
26.7 Merit Board.
A. All grievances of employees in representation
units represented by the Union shall be
processed under Section 26 unless the
employee elects to apply to the Merit Board on
matters within its jurisdiction.
B. No action under Steps 3 , 4 and S of
Subsection 26. 1 above shall be taken if action
on the complaint or grievance has been taken
by the Merit Board, or if the complaint or
grievance is pending before the Merit Board.
26.8 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 MOU.
26.9 Disputes Over Existence of Grievance.
Disputes over whether a grievance exists as defined in
Section 26. 1 shall be resolved through the grievance
procedure.
26.10 Disqualification From Taking Examination.
If disqualified from taking an examination, an
employee may utilize the appeal process specified in
the Personnel Management Regulations for employees
disqualified from taking an examination.
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SECTION 27 - BILINGUAL .PAY
A salary differential of fifty dollars ($ 50.00) per month
shall be paid incumbents of positions requiring
bilingual proficiency as designated by the appointing
authority and Director of Personnel. Said differential
shall be prorated for employees working less than full
time. Designation of positions for which bilingual
proficiency is required is the sole prerogative of the
County. The Union shall be notified when such
designations are made.
SECTION 28 - RETIREMENT CONTRIBUTION
Pursuant to Government Code Section 31 581 . 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 MOU, and shall terminate thereafter.
Employees shall be responsible for payment of the
employees' contribution for the retirement cost of
living program as determined by the Board of
Retirement of the Contra Costa County Employees'
Retirement Association without the County, paying any
part of the employees share. The County will pay the
remaining one-half (1 /2) of the retirement cost-of-
living program contribution.
SECTION 29 - REIMBURSEMENT
29. 1 Training Reimbursement. The County
Administrative Bulletin on Training shall govern
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reimbursement for training and shall continue to limit
reimbursement for career development training to two
hundred dollars ($200) per semester or one hundred
fifty dollars ($ 150) per quarter, not to exceed six
hundred dollars ($600) per year, except as otherwise
provided in the supplemental sections of this MOU.
29.2 , Personal Property Reimbursement. The loss
or damage to personal property of employees is
subject to reimbursement under the following
conditions:
a. The loss or damage must result from an event
which. is not normally encountered or
anticipated on the job and which is not
subject to the control of the employee.
b. Ordinary wear and tear of personal property
used on the job is not compensated.
C. Employee tools or equipment, provided
without the express approval of the
department head, and automobiles are
excluded from reimbursement.
d. The loss or damage must have occurred in the
line of duty.
e. The ' loss or damage was not a result of
negligence or lack of proper care by the
employee.
f. The personal property was necessarily worn or
carried by the employee in order to
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adequately fulfill the duties and requirements
of the job.
9. The loss or damage to employee's eyeglasses,
dentures, or other prosthetic devices
evices did not
occur simultaneously with a job connected
injury covered by workers' compensation.
h. The amount of reimbursement shall be limited
to the actual cost to repair damages.
Reimbursement for items damaged beyond
repair shall be limited to the actual value of
the item at the time of loss or damage but not
more than the original cost.
i. The burden of proof of loss rests with the
employee.
j. Claims for reimbursement must be processed
in accordance with the Administrative Bulletin
on Compensation for Loss or Damage to the
Personal Property.
29.3 Reimbursement for Meal Expenses.
Employees shall be reimbursed for meal expenses
under the following circumstances and in the amount
specified:
a. When the employee is required to be out of
his/her regular or normal work area during a
meal hour because of a particular work '
assignment and with prior approval of the
department head or his designee.
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b. When the employee is required to stay over to
attend consecutive or continuing afternoon
and night sessions of a board or commission.
C. When the employee is required to incur
expenses as host for official guests of the
County, work as members of examining
boards, official visitors, and speaker or
honored guests at banquets or other official
functions.
d. When the, employee is required to work three
or more hours of overtime; in this case he/she
may be reimbursed in accordance with the
Administrative Bulletin on Expense
Reimbursement.
Meal costs will be reimbursed only when eaten away
from home, or away from the facility in the case of
employees at 24-hour institutions.
Procedures and definitions relative to reimbursement
for meal expenses shall be in accordance with the
Administrative Bulletin on Expense Reimbursement.
SECTION 30 - CLASSIFICATION
Existing classes of positions may be abolished or
changed and new classes may be added to the
classification plan by the Director of Personnel subject '
to approval by the Board of Supervisors. The County
will offer to meet and confer with the Union on the
minimum qualifications and salary of new classes and
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on any proposed changes in the minimum
qualifications in current classes represented by the
Union..
If the County wishes to add duties to classes
represented by the Union, the Union shall be notified
and upon request of the Union, representatives of the
County will meet and consult with the Union over such
duties.
SECTION 31 - SAFETY
The County shall expend every effort to see to it that
the work performed under the terms and conditions of
this MOU is performed with a maximum degree of
safety consistent with the requirement to conduct
efficient operations. The County is aware of the U.S.
Supreme Court "Whirlpool" decision regarding safe
working conditions and will continue to comply with all
of the provisions of that decision. The Union may
recommend safety guidelines, regulations, training
programs and necessary corrective actions concerning
conditions associated with the work environment.
Representatives of the Union may want to discuss with
certain Department Heads the participation of the
employees it represents on existing departmental
safety committees. If a Department Head agrees, the
Union may designate a representative to participate in
any established Safety Committee.
An employee designated by the Union may participate
on each of the established district safety committees
within the Department of Social Services.
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31 .1 VDT Users Eye Examination. The County
agrees to provide an annual eye examination on
County time at County expense provided that the
employee regularly uses a video display terminal at
least an average of two (2) hours per day as certified
by their department.
Employees certified for examination under this
program must process their request through the
Employee Benefits Division of the County Personnel
Department. Should prescription VDT eyeglasses be
prescribed for the employee following the
examination, the County agrees to provide, at not cost,
the basic coverage which includes a $ 10 frame and
single vision lenses. Employees may, through
individual arrangement between the employee and
their doctor and solely at the employee's expense,
include bifocal, trifocal or blended lenses and other
care, services or materials not covered by the Plan.
The basic plan coverage, including the examination,
may be credited toward the employee-enhanced
benefit.
31 .2 Reopener. At the request of the County, this
section may be reopened during the term of this MOU
to consider alternate programs for providing VDT
users' eye examinations._
SECTION 32 - MILEAGE
32. 1 Mileage Reimbursement Rate. Effective
January 1 , 1994, mileage allowance for the use of
personal vehicles on County business shall be paid
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136 -
according to the rates allowed by the Internal Revenue
Service (currently $.29 per 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.
32.2 Mileage Reimbursement Policy. Mileage from
an employee's home to the normal work location is not
reimbursable. The normal work location is the location
to which an employee is regularly assigned. An
employee with more than one (1 ) normal work location
shall be reimbursed for the mileage traveled in the
same work day between those work locations.
When an employee is temporarily reassigned to a
different work location, mileage will be reimbursed in
excess of the normal mileage between the employee's
home and the regular work location.
SECTION 33 - FLEXIBLY STAFFED POSITIONS
The County shall continue to provide for flexible
staffing and departmental certification for all positions
in the following classes: Library Clerk I to Library Clerk
II. If an operating department verifies in writing that an
administrative or clerical error was made in failing to
submit the documents needed to promote an
employee on the first of the month when eligible, said
appointment shall be made retroactive to the first of
the month when eligible. An employee who is denied
a promotion to a flexibly staffed position may appeal
such denial to the Merit Board.
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137 -
SECTION 34 - MEAL PERIODS
34.1 Varying Meal Periods. Representatives of the
Union may discuss varying meal period.s (e.g. one-half
(1 /2) hour versus a one (1 ) hour meal period), with
certain Department Heads. Any change in the meal
period agreed to by the Union and Department Heads
must have final approval from the County
Administrator.
34.2 Hospital Holiday Meals. Employees
represented by the Union who are employed at the
County Hospital and who are required to work on
Thanksgiving, Christmas or New Year's will be provided
a free meal in the Hospital Cafeteria at no cost to the
employee only between the hours of 6: 30 a.m. and
6: 30 p.m.
SECTION 35 - PERFORMANCE EVALUATION
In those instances when there is a written performance
evaluation of an employee and the employee is
requested to sign the evaluation, the employee shall
receive a copy of the evaluation if she/he so requests.
The County agrees to meet with representatives of
AFSCME, Local 2700 to discuss performance evaluation
on a County-wide basis but not a County-wide
performance form.
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SECTION 36 - DISCIPLINARY ACTIONS
If the employee so requests in writing, a copy of any
written disciplinary action affecting an employee shall
be furnished to the Union.
SECTION 37 - PERSONNEL FILES
Each department shall maintain only one official
personnel file per employee. Employees shall have the
right to inspect and review any official record(s)
relating to his or her performance as an employee or
to a grievance concerning the employee which is kept
or maintained by the County in the employee's
personnel file in the Personnel Department. The
contents of such records shall be made available to
the employee for inspection and review at reasonable
intervals during the regular business hours of the
County. Letters of reprimand are subject to the
grievance procedure but shall not be processed past
step 3 unless said letters are used in a subsequent
discharge, suspension or demotion of the employee, in
which case an. appeal of the letters of reprimand may
be considered at the same time as the appeal of the
disciplinary action. Copies of written reprimands or
memoranda pertaining to an employee's unsatisfactory
performance which are to be placed in the employee's
personnel file shall be given to the employee who shall
have the right to respond in writing to said
documents.
Derogatory material in an employee's personnel file
(such as warning letters) over two years old will not be
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139 -
used in a subsequent disciplinary action unless directly
related to the action upon which the discipline is
taken. Derogatory material does not include prior
suspensions, demotions or dismissals for cause.
The County shall provide an opportunity for the
employee to respond in writing to any information
which is in the employee's personnel file about which
he or she disagrees. Such response shall become a
permanent part of the employee's personnel record.
The employee shall be responsible for providing the
written responses to be included as part of the
employee's permanent personnel record.
This section does not apply to the records of an
employee relating to the investigation of a possible
criminal offense, medical records and information or
letters of reference.
Employees have the right to review their official
personnel files which are maintained in the Personnel
Department or by their department. In a case involving
a grievance or disciplinary action, the employee's
designated representative may also review his/her
personnel file with specific written authorization from
the employee.
SECTION 38 - 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.
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SECTION 39 - FLEX-TIME
It is understood that Resolution No. 75/1037
pertaining to flex-time may be applied to clerical
employees as well as other County employees.
Nothing contained in this MOU prohibits the
Department Head from implementing a flex-time
system for clerical employees. The Department Head
prior to implementation shall discuss the
implementation of any flex-time system involving
employees represented by the Union with the Union.
Then the department shall determine if the said flex-
time is feasible following a trial period and then shall
submit the plan to the County Administrator for
approval. Upon written request to the Employee
Relations Officer, the Union may request to meet with
a Department Head for the purpose of proposing an
alternate flexible work schedule.
SECTION 40 - DATA ON VACANT POSITIONS
The County agrees to continue investigating the
feasibility of instituting a data processing system to
provide current data on available vacant positions
within the clerical series.
SECTION 41 - COUNTY LIBRARY EMPLOYEES
41 .1 Evening Differential. Employees employed at
the County Library shall receive a five percent (5%)
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base pay salary differential for all scheduled hours
worked between 6:00 p.m. and 9:00 p.m.
41 .2 Saturday Differential. Employees in the
Library Unit who are scheduled to work Saturday shall
receive a five percent (5%) base pay salary differential
for all hours worked on such Saturday, said five
percent (5Y6) differential shall not apply to any overtime
hours worked on Saturday.
41 .3 Thanksgiving/Christmas Holiday. Section 12
of this MOU regarding holidays is modified for all
Library employees to delete, the day after Thanksgiving
as a holiday and to add the day before Christmas as a
holiday. The libraries will close at 6:00 p.m. on the day
before Thanksgiving.
4.1 .4 Adjusted Work Schedule. The Library will
adjust work schedules as long as reasonable staffing
levels can be maintained for Library Clerks who are
attending school to pursue a certificate in Library and
Information Technology.
SECTION 42 - UNFAIR LABOR PRACTICE
Either the County or the Union may file an unfair labor
practice as defined in Chapter 34-22 of Board
Resolution 81/1165 against the other. Allegations of
an unfair labor practice, if not resolved in discussions
between the parties, may be heard by a mutually
agreed upon impartial third party.
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SECTION 43 - LENGTH OF SERVICE DEFINITION (for
service awards & vacation accruals)
The length of service credits of each employee of the
County shall date from the beginning of the last period
of continuous County employment (incl.uding tem-
porary, provisional, and permanent status, and
absences on approved leave of absence). When an
employee separates from a permanent position in
good standing and within two years is reemployed in
a permanent County position,- or is reemployed in a
permanent County position from a layoff list within the
period of.layoff eligibility, service credits shall include
all credits accumulated at time of separation, but shall
not include the period of separation. The Director of
Personnel shall determine these matters based on the
employee status records in his/her department.
SECTION 44 - PERMANENT PART-TIME EMPLOYEE
BENEFITS
Permanent part-time employees receive prorated
vacation and sick leave benefits.. They are eligible for
health, dental and life insurance benefits at
corresponding premium rates providing they work at
least fifty (50) percent of full time. If the employee
works at least fifty (50) percent of full time, County
retirement participation is also included.
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143 -
SECTION 45 - P-I EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for
prorated vacation and sick leave benefits.
SECTION 46 .- P-1 HEALTH PLAN
A permanent-intermittent employee represented by
the Union may participate in one of the County Group
Health Plans of medical, dental and life insurance
coverage wholly at the employee's expense. The
County will not contribute to the employee's monthly
premium. The employee will be responsible for paying
the monthly premium appropriately and punctually.
Failure to meet the premium deadline will mean
automatic and immediate withdrawal from the County
Group Health Plan and reinstatement may only be
effectuated during the annual open enrollment period.
SECTION 47 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent
employees of the County immediately prior to their
provisional appointment, are eligible for vacation and
sick leave benefits.
Provisional employees may participate in one of the
County Group Health Plans of medical, dental and life
insurance coverage wholly at the employee's expense.
The County will not contribute to the employee's
monthly premium. The employee will be responsible
for paying the monthly premium appropriately and
- 144 -
punctually. Failure to meet the premium deadline will
mean automatic and immediate withdrawal from the
County Group Health. Plan and reinstatement may only
be effectuated during the annual open enrollment
period.
SECTION 48 - WORD PROCESSING DIFFERENTIAL &
VDT DIFFERENTIAL
48.1 Buyout of Differentials. Effective March 1 ,
1992 the following job classes and specific levels in
deep classes will be increased to the closest salary
range available that is $ 50.00 higher than the current
salary range at the mid-point after the general wage
increase of 30 levels is added and employees receiving
VDT or Word Processing Differential shall no longer
receive such differential:
Account Clerk-Adv. Level (Deep Class)
Account Clerk-Project
Account Clerk-Beg. Level (Deep Class)
Account Clerk-CDEP
Account Clerk-Exp. Level (Deep Class)
Accounting Technician
Animal Services Clerk
Children's Services Clerical Specialist
Clerk-Experienced Level (Deep Class)
Clerk-Senior Level (Deep Class)
Clerk-Specialist Level (Deep Class)
Dep. Clerk-Exp. Level (Deep Class)
Dep. Clerk-Courtroom Clerk (Deep Class)
Deputy Clerk-Senior Level (Deep Class)
Deputy Clerk-Specialist Level (Deep Class)
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Intermediate Typist-Clerk-Project
Library Clerk II
Library Clerk I
Library Clerk (CDEP)
Medical Records Technician
Medical Records Tech.-Project
Patient Financial Services Spec.
Patient Fin. Svcs. Spec.-Project
Recordable Documents Technician
Secretary Project (Deep Class)
Secretary (Deep Class)
Secretary-Clerk of the Board
Senior Clerk-Project
Sr. Patient Fin. Services Spec.
48.2 Continuinq Differentials. The following job
classes that currently are eligible for VDT or Word
Processing Differential shall not have $ 50.00 added to
their salary range.. However, employees in these job
classes who are receiving either a VDT or Word
Processing Differential will continue to receive the
differential until such time as they vacate either their
class or the specific level in a deep class:
Account Clerk Trainee-Project
Airport Office Assistant
Assistant Volunteer Coordinator
Asst. Social Service Clerical Spec.
Clerk-Beginning Level (T) (Deep Class)
Clerk-Beginning Level (CDEP)
Clerk-Beginning Level (NT) (Deep Class)
Clerk-Project
Data Control Clerk (CDEP)
Data Control Clerk
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Deputy Clerk-Beg. Level (CDEP)
Deputy Clerk-Beg. Level (Deep Class)
Emergency Services Tech. Asst.
Medical Transcriber
Retirement Services Counselor
Seasonal Clerk
Sheriffs Process Clerk
Stenographer Clerk
Telecommunications Clerical Spec.
Tumor Registrar
Typist Clerk-Project
Workers' Comp. Claims Technician
SECTION 49 - HAZARD PAY & STAT-CALL
49.1 Hazard Pay. Employees who work in the
following designated areas shall receive a five percent
(5%) base pay salary differential for each hour worked
in the hazardous area provided, however, that in the
event the conditions in these areas are improved so
that the hazardous conditions no longer exist such
differential will no longer be applicable.
a. Animal Services Department
b. Reception Center of the County Hospital
C. Mental Health Screening Unit of the Health
Services Department
d. Conservatorship Office in Martinez
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e. Evening Reception for the A.I.R.S. program at
the Richmond Clinic
f. Employee who accompanies medical staff into
inmate areas of the County Detention Facility
g. Employees assigned to work in the reception
and transportation areas of the Martinez
Detention Facility.
h. Any other employee who the Board of
Supervisors may by resolution authorize.
49.2 Stat-Call. A ten percent (10%) base pay salary
differential shall be paid for those shifts on which
employees in classifications represented by Local 2700
are specifically assigned by the administration to
respond to emergency stat-calls if said employees do
not qualify for other hazard assignment differential.
A five percent (5%) base pay salary differential shall be
paid for those shifts in which said employees are
specifically assigned to respond to emergency stat-
calls if said employees qualify for other hazard
assignment differential, said five percent (5%) to be in
addition to the hazard pay differential.
It is understood that acceptance of the assignment to
stat-call is voluntary. Additionally, acceptance of the
assignment to stat-call is conditional on an
employee(s) having successfully completed required
training. It is further understood that the above
referenced salary differential is based on an
employee(s) actually being assigned to stat-call.
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SECTION 50 - CLASSIFICATION STUDIES
Upon receipt of the appropriate P-300 as submitted by
the operating department and approved by the County
Administrator's Office, the County agrees to conduct
a classification study of Deputy Clerk-Courtroom Clerk
positions. This study will be utilized to determine if
these positions are performing duties comparable to
Superior Courtroom Clerks. The County anticipates
this study to be completed by july 1 , 1992. The County
shall make its findings known to the Union without
obligation of the County to take action based upon the
results of the studies.
SECTION 51 - SHERIFF'S DEPT. SHIFT & HOLIDAY
AGREEMENT & SHIFT BIDDING POLICY
The agreement between the Union and the Sheriffs
Department concerning shift assignments and holiday
coverage in the Services Division shall remain in effect
for the duration of this agreement.
Shift bidding shall be quarterly, two weeks prior to
each quarter Oanuary-March; ApriI June; July-
September; October-December). Seniority for shift
bidding is based on continuous department seniority
as a permanent employee within their current
classification. Vacancies shall be filled by temporary
employees after permanent employees have made
their selection. If a temporary employee obtains
permanent status, seniority shall be calculated from
the first day of permanent department employment.
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149 -
SECTION 52 - STUDIES/PROJECTS/COMMITTEES
52. 1 Reallocation of Library. Clerks. The County
agrees to conduct a study of Library Clerk I and II to
identify and seek resolution to issues pertaining to
their reallocation into the deep class of Clerk. The
County will provide the Union with regular updates and
the Union will have the opportunity for input.
52.2 Assessor's Office Clerical Positions. Clerical
deep class positions in the Assessor's Office will be
reviewed to determine the" appropriate level of work.
The study will begin 60 days after the adoption of the
contract.
52.3 Minimum Qualifications. In accordance with
EEOC guidelines and requirements of Title VII of the
1964 Civil Rights Act, the County agrees to evaluate
the education' requirement for the class of Clerk,
specifically the Experienced, Senior, and Specialist
levels, to determine if a high school education should
be required in the minimum qualifications. The results
will be shared with Local 2700.
52.4 Double Medical Coverage. The County will
survey all permanent employees prior to July 1 , 1995
to ascertain the extent to which employees who have
or are eligible for double medical coverage would, in
lieu of double medical coverage, have the County
make an in lieu contribution to another benefit. The
data gathered shall be shared with the Medical
Oversight Committee.
- 1 50 -
52.5 Attendance Program. There shall be convened
a Labor-Management Committee to develop an
attendance program for County employees.
52.6 Deferred Retirement. The County shall
establish a Labor-Management Committee comprised
of three representatives selected by the Labor
Coalition and three representatives selected by the
County Administrator to study a Deferred Retirement
. Policy. By July 1 , 1995 , the Committee shall
recommend such program upon which it has reached
mutual agreement for adoption by the parties.
SECTION 53 - NOTARY PUBLIC
Employees who are designated by their department to
perform duties for the County as a notary public will
be allowed time off (up to one hour) for testing and
will be reimbursed for their application, testing and
renewal fees.
SECTION 54 - GAINSHARING
in the event the Social Services Department considers
the introduction of a Gainsharing Program, the
department agrees to include AFSCME, Local 2700 in
such a program.
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SECTION 55 - UNION REPRESENTATION OF
TEMPORARY EMPLOYEES
55.1 Recognition. AFSCME, Local 2700 is the
formally recognized employee organization for
temporary employee, not including emergency
appointments and retiree temporary appointments,
who are employed by Contra Costa County in those
classifications covered by the MOU between AFSCME,
Local 2700 and Contra Costa County.
55.2 Appointments Not Covered. Emergency
appointments as defined in Section 809 of the
Personnel Management Regulations, and retiree
temporary appointments as provided for in
Government Code, Section 31680.2; are not covered by
this Letter of Understanding.
55.3 Agency Shop.
A. All covered temporary employees, as specified
above shall either:
1 . Become and remain a member of the
Union and pay an agency shop fee of one
percent (1Y6) of their regular pay per semi-
monthly pay period; this percentage may
be changed by the Union who will notify
the County Auditor-Controller of the new
percentage and effective date; or
2. Pay to the Union an agency shop service
fee of the amount which does not exceed
an amount which may be lawfully
- 152 -
collected under applicable constitutional,
statutory and case - law, which under .no
circumstances shall exceed the amount
specified in CA -a. above. 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 that the
employee is a member of a bona fide
religion, body or sect which has
historically held a conscientious
objection to joining or financially
supporting any public employee
organization as a condition of
employment or declare that the
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
service fee specified in CA .b. above
to a non-religious, non-labor
charitable fund chosen by the
employee from those listed in the
MOU between AFSCME, Local 2700
and Contra Costa County.
B. No initiation fee or special assessments shall
be required of these employees.
- 153 -
C. 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 also 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/her right to
contest the amount of the agency shop fee.
55.4 Agency Shop Deductions.
A. A current temporary employee or a new
temporary employee hired into a job class
represented by Local 2700 shall be provided
through the County Personnel Department
with an Employee Authorization For Payroll
Deduction form. Said employee shall have
thirty (30) calendar days to fully execute the
authorization form of his/her choice and
return said form to the County Personnel
Department.
B. 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 or
charitable contribution required under Section
3 are not received, the Union may, in writing,
-
154 -
direct that the County withhold the agency
shop 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.
C. The Union shall indemnify, defend and save
the County harmless against any and all
claims, demands, suits, orders, or judgements,
or other forms of liability that arise out of or
by reason of this Union Security Section, or
action taken or not taken by the County under
this Section. This includes, but is not limited
to, the County's attorney fees and costs.
D. The authorization of payroll deductions
described above shall require the employee
to agre&to hold the County harmless from all
claims, demands, suits or other forms of
liability that may arise against the County for
or on account of any deduction made from the
wages of such employee.
55.5 Salary.
A. Temporary. Hourly Rates. The hourly rate paid
temporary employees shall be the 1 .00 hourly
rate" calculated on the salary schedule by
dividing the unrounded monthly salary at any
step by 173 . 33.
B. New Employees. Except as otherwise
permitted in deep class resolutions, temporary
- 155 -
employees shall generally be appointed at the
minimum step of the salary range established
for the particular class to which the
appointment is made. However, the Director
of Personnel may authorize an appointing
authority to make a particular temporary
appointment at a step above the minimum of
the range.
55.6 Salary Increments within Range.
A. Increment Eligibility and Salary Review. All
temporary employees shall accumulate a
record of straight time hours worked for the
purpose of a salary review to determine
whether the employee shall be advanced to
the next higher step, or other step as
specified by deep class resolution, in the
salary range for the classification.
Advancement to a higher step shall be
granted only on the affirmative
recommendation of the appointing authority,
based on satisfactory performance by the
employee. The appointing authority may
recommend granting the salary increment or
unconditional denial of the increment.
B. Frequency of Increments. Increments within
range shall not be granted more frequently
than once per every 2080 straight time hours
worked by a temporary employee.
C. Effective Date. Step increases resulting from
an approved salary review shall be effective
-
156 -
the first of the month following completion of
2080 straight time hours worked and return
of the salary review report to the Personnel
Department.
D. New Employees. Temporary employees hired
at step 1 of the salary range for their
classification or at step i of the salary range
for their assigned level in a deep class will be
eligible for a salary review as described above
after completion of 1040 straight time hours
worked; additional salary reviews will be after
the cumulation of an additional 2080 straight
time hours as described above.
E. No provision of this section shall be construed
to make the granting of salary increments
mandatory on the County.
55.7 Paid Time Off.
A. Temporary employees shall accumulate a
record of straight time hours worked.
B. Based upon the accumulation of straight time
hours recorded, effective on the payroll
following the payroll on which payment was
made for the 1040th straight time hour
worked, the temporary employee shall be
credited with twenty (20) hours of paid time
off (PTO). For each additional 1040 hours of
straight time worked, the temporary employee
shall be credited with an additional 20 hours
of paid time off. Forty (40) hours paid time off
- 157 -
credit is the maximum amount an employee
may have at any time.
C. Use. PTO shall not be taken until credited.
PTO shall be taken by an employee only with
the approval of his/her supervisor.
D. Paid Off At Separation. If a. temporary
employee terminates his/her County
employment (separates from County service),
the employee shall be paid all currently
credited PTO hours and, in addition, shall be
paid off for that portion of PTO hours earned
but not yet credited on the basis of that
portion of the 2080 straight time hours
worked (STHW) cumulation. The formula for
the earned but not credited payoff is: STHW
divided by 2080 multiplied by 40 multiplied by
the current hourly pay rate at separation.
E. Appointment to a Permanent Position. If a
temporary employee is appointed to a
permanent position, the credited PTO hours
and the earned but not yet credited PTO
hours, as described in above, shall be
converted to vacation hours and subject to
the MOU provisions relating to vacation
except that when a temporary employee is
appointed to a permanent position, the
employee will be allowed to use the earned
PTO hours during the first six months of
employment.
- 158 -
55.8 Provisional Employees. AFSCME, Local 2700
is the formally recognized employee organization for
all provisional employees appointed by the County
from "outside County service" in classifications covered
by the MOU between the County and the Union. The
provisional employee will continue to receive the
salaries and benefits provided in the MOU for
provisional employees. Provisional employees shall be
covered by the agency shop provisions of the MOU
applicable to permanent employees, with the
exception that provisional employees shall not be
required to pay any initiation fee or special
assessment fee.
55.9 Grievance Procedure. Temporary, and
provisional employees covered by Section 55 may
grieve only alleged violations of the specific terms and
conditions specified in Section 55 .
SECTION 56 - 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 pro-
visions shall become effective upon the first day of the
month following thirty (30) days after such Ordinance
is adopted.
- 159 -
SECTION 57 - DURATION O.F AGREEMENT
This Agreement shall continue in full force and effect
from October 1 , 1993 to and including September 30,
1995. Said Agreement shall automatically renew from
year to year thereafter unless either party gives
written notice to the. other prior to sixty (60) days from
the aforesaid termination date of its intention to
amend, modify, or terminate the Agreement.
SECTION 58 - SCOPE OF AGREEMENT AND
SEPARABILITY OF PROVISIONS
58.1 Scope of Agreement. Except as otherwise
specifically - provided herein, this MOU 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 MOU demand any change herein,
provided that nothing herein shall prohibit the parties
from changing the terms of this MOU by mutual
agreement.
58.2 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.
- 160 -
58.3 Personnel Management Regulations. Where
a specific provision contained in a section of this MOU
conflicts with a specific provision contained in a
section of the Personnel Management Regulations, the
provision of this MOU shall prevail. It is recognized,
however, that certain provisions of the Personnel
Management Regulations may be supplementary to the
provisions of this MOU or deal with matters not within
the scope of representation and as such remain in full
force and effect.
SECTION 59 - PAST PRACTICES & EXISTING MOU'S
Continuance of working conditions and past practices
not specifically authorized by ordinance or by
resolution of the Board of Supervisors is not
guaranteed by this MOU; provided, however, that only
during the term of this MOU which expires September
301 1995 , the Union may claim a violation of a past
practice. If the Union can demonstrate that such past
practice exists by virtue of having been acknowledged
and agreed to by Management and representatives of
the Union or by employees represented by the Union
who reach agreement with a Department Head on a
specific policy covering a group of employees such as
a reassignment policy, the alleged violation of said
past practice will be subject to the grievance
procedure. Those practices which have been agreed to
by Management and not approved by the Department
_Head must be confirmed and approved by the
Department Head within six (6) months from the below
- 161 -
execution date of this MOU in order to be considered
a past practice pursuant to this provision.
DATE:
CONTRA COSTA COUNTY AFS M E LO AL 2 700
1-7
0
D
- 162 -
ATTAC H M E NTS
A - PROJECT EMPLOYEES
B - CLERK DEEP CLASS LETTER
C - SECRETARY DEEP CLASS LETTER
D - CLASS & SALARY LISTING
E - WAGES & HEALTH PLAN ADJUSTMENTS AGREEMENT
ATTACHMENT A
PROJECT POSITIONS
United Clerical , Technical & Specialized Employees, AFSCME, Local 2700, and the
County have met and conferred in good faith regarding wages, hours_and other
terms and conditions of employment for employees in project classes which,
except for the project designation, would be represented by United Clerical ,
Technical & Specialized Employees, AFSCME, Local 2700. For example, Clerk is
represented by United Clerical , Technical & Specialized Employees, therefore, it
has been agreed that Clerk-Project will also be represented by United Clerical ,
Tehnical & Specialized Employees.
Other project classes that are not readily identifiable as properly included in
bargaining units represented by United Clerical , Technical & Specialized
Employees shall be assigned to bargaining units in accordance with the
provisions of Section 34-12.015 of Board Resolution 81/1165.
The Union and the County understand that the meet and confer process with
respect to the conditions of employment for project classifications is unique
and, therefore, differs from other regular classes represented by United
Clerical, Technical & Specialized Employees in the following respects:
1. Project employees are not covered by the Merit System;
2. project employees may be separated from service at any time without regard
to :the provisions of this Memorandum of Understanding, without right of
appeal or hearing or recourse to the grievance procedure specified herein;
and
3. any provision of this Memorandun of Understanding which pertains to layoff
or seniority are not applicable to project employees.
ATTACHMENT B
Contra Personnel Department
Costa Third Floor, Administration Bldg.
651 Pine Street
Martinez, California 94553-1292
County (415) 372-4064
Harry O. Cisterman
Director of Personnel
November 4, 1985
Mr. Warren Nelson
Business Representative
United Clerical' Employees,
Local 2700, AFSCME
936 Court Street
Martinez, CA 94553
Dear Mr. Nelson:
This letter is to confirm understandings reached during discussions concerning
the Clerical Deep Class dated March 29, 1982 and to correct an error in a pre-
viously signed side letter.
1. The allocation factors to be used in determining level
assignments are attached.
2. The following sections of the resolution establishing the
Clerical Deep Class shall be subject to the grievance
procedure contained in the current Memorandum of
Understanding between the County and United Clerical
Employees, 'AFSCME, Local 2700 limited by notes (a. b, &
c) shown below.
Section Title
2 Compensation
3 Part Time Compensation
5 Compensation for Portion
of month
(a) 6 Initial Appointments to This
Class
9 Salary on Reassignment
Between Levels
(b) 10 Short Term Reassignment
11 Salary on Transfer
12 Salary on Promotion
13 Salary on Demotion
14 Salary on Voluntary Demotion
15 Anniversary Dates
(c) 16 Merit Increment Salary Adjustments
18 Reclassification of Postion
19 Recruitment Difficulty Bonus
21 b Reassignment Selection Procedure
Within Level
21 c Reassignment Selection Procedure
to a Higher Level
22 Seniority
22 Allocation of Current Employees
1pmea
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
-2-
2....Notes
a. Failure to give five (5) days prior notice of an
appointment from outside County service is the only
aspect of.this section that is subject to the grievance
procedure.
b. Failure to compensate an employee who is filling an
uncovered previously designated senior level position is
the only aspect of this section that is subject to the
grievance procedure.
c. This section is grievable to the extend provided for in
Section 5.6 "Increments Within Range" of the Memorandum
of Understanding between the County and United Clerical
Employees dated November 4, 1985.
3. An employee who is reassigned from a higher level position to a lower
level position and who is Y rated or placed in the appropriate salary range for
the assignment in accordance with Section 9.F of the Clerical Deep Class
Resolution shall be given notice in accordance with Section 23.2 "`Skelly
Requirements"-of the Memorandum of Understanding between the County and United
Clerical Employees dated November 4, 1985. An employee may appeal such an
action through Section 24, "Grievance Procedure" beginning with step C. said
appeal must be filed within ten (10) work days of the action.
4. Section 20.7 of the Memorandum of Understanding between the County and
United Clerical Employees dated November 4, 1985 shall apply if an employee is.
not redesignated to a senior level position in accordance with Section 20 of the
Clerical Deep Class Resolution.
Dated /f
United Clerical Employees
Contra Costa County Local 2700, AFSCME
11-2
By
By
Contra ATTACHMENT C Personnel Department
Costa Third Floor, Administration Bldg.
651 Pine Street
CMartinez, California 94553-1292 ounty (415) 372-4064
• Harry D. cisteman
Director of Personnel
November 4, 1985
Mr. Warren Nelson
Business Representative
United Clerical* Employees
Local 2700, AFSCME
036 Court Street
Martinez, CA 94553
Dear Mr. Nelson:
This letter is to confirm understandings reached during discussions concerning
the Secretary Deep Class.
1. The allocation factors to be used in determining level
assignments are attached.
2. The following sections of the resolution establishing the
Secretary Deep Class shall be subject to the grievance
procedure contained in the current Memorandum of
Understanding between the County and United Clerical
Employees.. AFSCME, Local 2700 limited by notes (a, b, &
c) shown below.
Section Title
2 Compensation
3 Part Time Compensation
5 Compensation for Portion
of month
a. 6 Initial Appointments to This
Class
9 Salary on Reassignment
Between Levels
b. 10 Short Term Reassignment
11 Salary on Transfer
12 Salary on Promotion
13 Salary on Demotion
14 Salary on Voluntary Demotion
is Anniversary Dates
C. 16 Merit Increment Salary Adjustments
18 Reclassification of Postion
20 b Vacant Advanced Level Positions
20 c Reassignment Selection Procedure
Within Level
20 d Reassignment Selection Procedure
to a Higher Level
21 Seniority
22 Allocation of Current Employees
1pma
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
2....Notes
a. Initial appointments above step 14 prior to June 30,
1983, are the only aspect of this section that is sub-
ject to the grievance procedure.
b. Failure to compensate an employee who is filling an
uncovered previously designated advance level position
is the only aspect of this section that is subject to
the grievance procedure.
c. This section is grievable� to the extend provided for in
the Section titled "Increments Within Range" of the
current Memorandum of Understanding between the County
and United Clerical Employees.
3. An employee who is reassigned from a higher level position to a lower
level position and who is Y rated or placed in the appropriate salary range for
the assignment in accordance with Section 9.D of the Secretary Deep Class
Resolution shall be given notice in accordance with the Section on "Skelly
Requirements" in the current Memorandum of Understanding between the County and United
Clerical Employees. An employee may appeal such an action through the
"Grievance Procedure" beginning With step C. Said appeal must be filed within
ten (10) work days of the action.
4. The Section on Promotions in the current Memorandum of Understanding
between the County and United Clerical Employees shall apply if an employee is
not redesignated to an advance level position in accordance with Section 20 of
the Secretary Deep Class Resolution.
Dated A/,v->r
United Clerical Employees
Contra Costa County Local 2700, AFSCME
By f Ac-
By
ATTACHMENT D
JANUARY 1, 1995
SALARY RANGE CLASS TITLE
2298.00 - 2935. 00 . . « ACCOUNT CLERK - ADVANCED LEVEL DEEP CLASS
1853.00 - 2252. 00 . . « ACCOUNT CLERK - BEGINNING LEVEL DEEP CLASS
2073,00 - 2519.00 . . * ACCOUNT CLERK - EXPERIENCED LEVEL DEEP CLASS
1531.00 - 1861 . 00 . . ACCOUNT CLERK TRAINEE - PROJECT
2073.00 - 2519. 00 . . ACCOUNT CLERK-PROJECT
2549.00 - 3255. 00 . . ACCOUNTING TECHNICIAN
2449.00 - 2977. 00 . . AIRPORT OFFICE ASSISTANT
1887.00 - 2293.00 . . ANIMAL SERVICES CLERK
2538.00 - 2798.00 . . ASSISTANT VOLUNTEER COORDINATOR
2170.00 - 3054.00 . . CHILDREN'S SERVICES CLERICAL SPECIALIST
FLAT - 1492.00 . . « CLERK - BEGINNING LEVEL (NT)
1568.00 - 1906. 00 . . « CLERK - BEGINNING LEVEL(T)
1887.00 - 2293. 00 . . « CLERK - EXPERIENCED LEVEL-
2085.00 - 2663. 00 . . « CLERK - SENIOR LEVEL
2318.00 -. 2959. 00 « CLERK - SPECIALIST LEVEL
1493.00 - 1646. 00 . . « CLERK-BEGINNING LEVEL - CAREER DEVELOPMENT EMI
1906. 00 - 2316. 00 . . DATA CONTROL CLERK
1730. 00 - 2102. 00 . . DATA ENTRY OPERATOR I
1906. 00 - 2316. 00 . . DATA ENTRY OPERATOR II
1906. 00 - 2316 . 00 . . DATA ENTRY OPERATOR II - PROJECT
1618. 00 - 1966 . 00 . « DEPUTY CLERK-BEGINNING LEVEL
1493. 00 - 1646. 00 « DEPUTY CLERK-BEGINNING LEVEL-CAREER DEVELOPMEf
2848. 00 - 3462. 00 . x DEPUTY CLERK-COURTROOM CLERK
1730_ 00 - 2102. 00 . . DEPUTY CLERK-DATA ENTRY OPERATOR I
1906. 00 - 2316 . 00 . . DEPUTY CLERK-DATA ENTRY OPERATOR II
1868. 00 - 2270. 00 . . « DEPUTY CLERK-EXPERIENCED LEVEL
2085. 00 - 2663. 00 . . « DEPUTY CLERK-SENIOR LEVEL
2318. 00 - 2959 . 00 . . « DEPUTY CLERK-SPECIALIST LEVEL
1887.00 - 2293. 00 . . INTERMEDIATE TYPIST CLERK - PROJECT
1616.00 - 1964.00 . . LIBRARY CLERK I
1860.00 - 2261.00 . . LIBRARY CLERK II
1543.00 - 1701. 00 . . LIBRARY CLERK-CAREER DEVELOPMENT EMPLOYMENT P
2270.00 - 2759. 00 . . MEDICAL RECORDS TECHNICIAN
2270.00 - 2759. 00 . . MEDICAL RECORDS TECHNICIAN-PROJECT
2094.00 2674. 00 . . MEDICAL TRANSCRIBER
2549.00 - 3256.00 . . MUNICIPAL COURT ACCOUNTING SPECIALIST
2389.00 - 3051.00 . . PATIENT FINANCIAL SERVICES SPECIALIST
2389.00 - 3051.00 . . PATIENT FINANCIAL SERVICES SPECIALIST-PROJECT
2595.00 3155.00 . . RECORDABLE DOCUMENTS TECHNICIAN
2606.00 - 3167. 00 . . RETIREMENT SERVICES COUNSELOR
1568.00 - 1906. 00 . . SEASONAL CLERK
2428. 00 - 3101 . 00 . . SECRETARY - CLERK OF THE BOARD
1941 . 00 - 3103. 00 . . « SECRETARY - PROJECT (DEEP CLASS)
2449. 00 - 3135. 00 . . « S.ECRETARY-ADVANCE LEVEL-PROJECT
2449. 00 - 3135. 00` . « SECRETARY-ADVANCED LEVEL
2010. 00 - 2771 . 00 . . « SECRETARY-JOURNEY LEVEL
2010. 00 - 2771 . 00 . . « SECRETARY-JOURNEY LEVEL-PROJECT
2085. 00 - 2663. 00 . . SENIOR CLERK-PROJECT
2637. 00 - 2962. 00 . . SENIOR MEDICAL RECORDS TECHNICIAN
2658. 00 - 3231 . 00 . . SENIOR PATIENT FINANCIAL SERVICES SPECIALIST
2432. 00 - 2956 . 00 . . TUMOR REGISTRAR
1568. 00 - 1906 . 00 . . TYPIST CLERK-PROJECT
2509. 00 - 3049 . 00 WORKERS COMPENSATION CLAIMS TECHNICIAN
ATTACHMENT E
Tentative Agreement
i'
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.The 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 Copays
Effective February 1, 1994:
Kaiser Office Visit= $3.00; Kaiser Drugs = $3.00
5. Future ualMed 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 1 st 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 the Coalitiory
EXHIBITS
(INFORMATION/REFERENCE ONLY)
EXHIBIT I
Contra :: L; Personnel Department
Costa Administration Bldg.
651 Pine Street
County Martinez, California 94553-1292
sr,�cdui+�
DATE: April 14, 1992
TO: Department Heads
FROM: Harry D. Cisterman, Director of Personne
SUBJECT: Employee Concerns
The employees of many departments are concerned about timely response to their
inquiries/filings regarding the following;
A. Vacation Requests
All department heads are to advise all managers and first line supervisors to
respond to employee vacation requests within ten (10) calendar days of the
receipt for vacation leave.
B. Compensatory Time Off in Lieu of Overtime Pay
In accordance with the Provisions of the M.O.U. between the County and
AFSCME, Council 57, employees represented by the Union have the option of
receiving overtime-for time worked in excess of the regular work schedule or
receiving compensatory time credit. Please insure that all managers and first
line supervisors are informed of this option.
C. Job Performance Deficiencies
Advise all managers and first line supervisors that job performance
deficiencies should be called to the attention of the employee as soon as
discovered and documented as far in advance of the final period of a .
performance evaluation (probation) as possible.
Additionally, employees represented by AFSCME, Council 57 should be allowed
reasonable use of a County FAX machine to receive and transmit necessary
documents to the local Union Office.
Thank you for your cooperation.
HDC:sd
cc: Local2700
Local 512
SUBJECT INDEX
Adjustment Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
AgencyShop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
Attendance at Meetings . . . . . . . . . . . . . . . . . . . . . . . . . 16
Bilingual Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Call-Back Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Catastrophic Leave Bank . . . . . . . . . . . . . . . . . . . . . . . . 75
Certification Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Classification . . . . . . . . . . . . . 134
Classification Studies . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Compensation Complaints . . . . . . . . . . . . . . . . . . . . . 129
Compensation for Portion of Month . . . . . . . . . . . . . . . . 26
Compensatory Time . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 36
Damage to Personal Property . . . . . . . . . . . . . . . . . . . . 132
Days & Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Demotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Dental Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Disciplinary Action . . . 139
Dismissal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Duration of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . 160
Fair Labor Standards Act (FLSA) Provisions . . . . . . . . . . 39
Family Care Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Flex-Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
Flexible Staffing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Furlough Days Without Pay . . . . . . . . . . . . . . . . . . . . . . 88
Gainsharing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Hazard Pay Differential . . . . . . . . . . . . . . . . . . . . . . . 147
Health & Welfare, Life & Dental Care . . . . . . . . . . . . . . 101
Health Examination . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Immediate Family (Leave of Absence) . . . . . . . . . . . . . . 86
Immediate Family (Sick Leave) . . . . . . . . . . . . . . . . . . . . 59
.Jury Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Layoffs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Layoff During Probation . . . . . . . . . . . . . . . . . . . . . . . . 108
Leave of Absence . . 86
Length of Service Definition . . . . . . . . . . . . . . . . . . . . . 143
Library Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Lunch Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Maintenance of Membership . . . . . . . . . . . . . . . . . . . . . 10
Meal Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Meal Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Medical Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Medical Coverages . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Merit Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Military Leave . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . 89
No Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Open Exams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
On-Call Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Part-Time Compensation . . . . . . . . . . . . . . . . . . . . . . . . 25
PayEquity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Pay for Work in Higher Classification . . . . . . . . . . . . . . . 31
Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Pay Warrant Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Performance Evaluation Procedure . . . . . . . . . . . . . . . . 138
Permanent Part-Time Benefits . . . . . . . . . . . . . . . . . . . 143
Permanent-Intermittent Benefits . . . . . . . . . . . . . . . . . 144
Personal Property Reimbursement . . . . . . . . . . . . . . . . 132
Personnel Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Physical Examinaiton . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Position Reclassification . . . . . . . . . . . . . . . . . . . . . . . . 26
Pregnancy Disability Leave . . . . . . . . . . . . . . . . . . . . ... . 86
Probationary Period . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Promotion Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Provisional Employee Benefits . . . . . . . . . . . . . . . . . . . 144
Reassignment of Laid Off Employees . . . . . . . . . . . . . . . 50
Reduction in Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Regular Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Rejection During Probation . . . . . . . . .. . . . . . . . . . . . . . 105
.Resignations . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 116
Retirement Contribution . . . . . . . .. . . . . . . . . . . . . . . . . 131
Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
* * * , * * , 18
Scope of Adjustment Board 8, Arbitration Decisions . . 127
Scope of Agreement & Separability of Provisions . . . . . 160
Seniority Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Service Awards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Sheriff's Department Agreement . . . . . . . . . . . . . . . . . 149
Shift Differential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Shop Stewards & Official Representatives . . . .. . . . . . . . 16
Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Skelly Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Special Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
Stat-Call Differential . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
State Disability Insurance . . . . . . . . . . . . . . . . . . . . . . . . 78
Strike/Work Stoppage . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Temporary Employees . . . . . . . . . . . . . . . . . . . I. . . . . . 152
Training Reimbursement . . . . . . . . . . . . . . . . . . . . . . . 131
Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Unauthorized Absence . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Unfair Labor Practice . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Union Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Union Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Use of County Buildings . . .. . . . . . . . . . . . . . . . . . . . . . . 13
Vacation Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . .I. . . . 56
VDT Differentials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
VDT Users Eye Examination . . . . . . . . . . . . . . . . . . . . . 136
Withdrawal of Membership . . . . . . . . . . . . . . . . . . . . . . . 12
Witness Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 100
Word Processing Differentials . . . . . . . . . . . . . . . . . . . 145
Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . 82
Workforce Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . 42