HomeMy WebLinkAboutMINUTES - 07181995 - C36 f • 'fix .:a. ' � ��
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 18, 1995 by the following vote:
AYES: Supervisors Rogers, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: Supervisor Smith
ABSTAIN: None
S U BJ ECT:
Approval of Memorandum of Understanding)
With SEIU, Local 535 - Rank & File ) Resolution No. 95/ 323
The Contra Costa County Board of Supervisors RESOLVES THAT:
1 On October 18, 1.994 the Employee Relations Manager submitted a Letter
of Understanding dated August 31 , 1994, entered into with the SEIU, Local
535 for employees in the Rank & File Bargaining Unit represented by the
organization.
2. Salaries and Terms and Conditions of Employment, SEIU, Local 535. The
Memorandum of Understanding with SEIU, Local 535 is attached hereto,
and Section Numbers 1 through 54 inclusive and Attachments are
incorporated herein as if set forth in full and made applicable to the
represented employees.
3. This Board having thoroughly considered said Memorandum of
Understanding, the same is approved.
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.
I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of SupervEr on t date sho/w�, /
ATTESTED: � � !9�r
P CINELAOR.G of the Bcfard
and Cour min
Orig. Dept.: Human Resources Department(Contact Rich Heyne Ca)646-4146)
cc: Auditor-Controller
Operating Departments via HRD
SEIU,Local 535 via HRD
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SOCIAL SERVICES UNION, LOCAL 535
RANK & FILE UNIT
This Memorandum of Understanding (MOU) is entered
into pursuant to the authority contained in Division 34
of the Contra Costa County 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 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 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:
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.
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.
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S
Eligible: Any person whose name is on an
employment or reemployment or layoff list for a given
classification.
Employee: A person who is an incumbent of a
position or who is on leave of absence in accordance
with provisions of this 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
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
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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.
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
(5%) 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
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qualified for consideration for reappointment under
the Personnel Management Regulations governing
reemployment.
Resignation: The voluntary termination of permanent
service with the County from a position in the merit
system.
Temporary Employment: Any employment in the
merit system which will require the services of an
incumbent for a limited period of time, paid on an
hourly basis, not in an allocated position or in
permanent status.
Transfer: The change of an employee who has
permanent status in a position to another position in
the same class in a different department, or to another
position in a class which is allocated to a range on the
salary plan that is within five percent (5%) at top step
as the class previously occupied by the employee.
SECTION 1 - 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 Chapter 34-12 of Board Resolution
81 /1165 .
Community Aide Unit
Social Services Unit
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SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Board Resolution
No. 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 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 the units for 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
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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
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 &
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 payor covered
by this MOU within one month from the date
it is approved and annually thereafter, and as
a condition to any change in the agency shop
fee. Failure by a fee payor to invoke the
Union's Hudson Procedure within one month
after actual notice of the Hudson Procedure
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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 .6.2 shall not
apply during periods that an employee is
separated from the representation unit but
shall be reinstated upon the return of the
employee to the representation unit. The term
separation includes transfer out of the unit,
layoff, and leave of absence with a duration of
more than thirty (30) days.
E. Annually, the Union shall provide the Director
of Personnel with copies of the financial
report required 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 within sixty
(60) days after Oune 30,-) 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
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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.
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.
I. In the- event that employees in a bargaining
unit represented by the Union vote to rescind
Agency Shop, the provisions of Section 2 . 3 ,
2 .4, and 2 . 5 shall apply to dues-paying
members of the Union.
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2.3 Maintenance of Membership. All employees
represented by the Union who are currently paying
dues to the Union and all employees in such unit who
hereafter become members of the Union shall as a
condition of continued employment pay dues to the
Union for the duration of this MOU and each year
thereafter so long as the Union continues to represent
the classification to which the employee is assigned,
unless the employee has exercised the option to cease
paying dues in accordance with Section Z . S.
2.4 Union Dues Form. Employees hired into
classifications represented by the Union shall, as a
condition of employment at the time 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 they do 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.
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Each such dues authorization form referenced above
shall include a statement that the Union and the
County have entered into a MOU, that the employee is
required to authorize payroll deductions of Union dues
as a condition of employment, and that such
authorization may be revoked within the first thirty
(30) days of employment upon proper written notice by
the employee within said thirty (30) day period as set
forth above. Each such employee shall, upon
completion of the authorization form, receive a copy of
said authorization form which shall be deemed proper
notice of his or her right to revoke said authorization.
2.5 Withdrawal of Membership. By notifying the
Auditor-Controller's Department in writing, between
August 1 , 1995 and August 31 , 1995 , any employee
assigned to a classification represented by the Union
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 10,
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
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posts and removes the information. The department
head reserves the right to remove objectionable
materials after notification and discussion with the
Union.
Representatives of the Union, not on County time,
shall be permitted to place a supply of employee
literature at specific locations in County buildings if
arranged through the 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. 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
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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;
b. there is no additional cost to the County;
C. it does not interfere with normal County
operations;
d. employees in attendance are not on duty and
are not scheduled for duty;
e. the meetings are on matters within the scope
of representation.
The administrative official responsible for the space
shall establish and maintain scheduling of such uses.
The 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,
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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 designated by the Board,
and to meet with the body considering the matter.
On matters within the scope of representation the
County agrees that the Personnel Department will
notify a Union's designee(s) when an issue within the
scope of representation is placed on the Board's
agenda. If there is insufficient time to meet and
confer on an issue prior to the Board's meeting, the
item shall be deferred if so requested by the Union.
In cases of emergency when the Board, or boards and
commissions designated by the Board, determines it
must act immediately without such notice or meeting,
it shall give notice and opportunity to, meet as soon as
practical after its action.
2.9 Written Statement for New Employees. The
County will provide a written statement to each new
employee hired into a classification which is in the
Social Services Unit or Community Aide Unit that their
classification is represented by Local 535 , and the
name of a representative of Local 535 .
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SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race,
creed, color, national origin, political opinion, sex,
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 or
physical handicap.
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;
b. if their attendance is sought by a hearing
body for presentation of testimony or other
reasons;
C. if their attendance is required for meetings
required for settlement of grievances filed
pursuant to Section 23 (Grievance Procedure)
of this Memorandum;
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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;
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
or designee, and the County agency calling
the meeting is responsible for determining
that the attendance of the particular
employee(s) is required.
4.2 Union Representatives. Except in the Social
Services Department, official representatives of the
Union shall be allowed time off on County time for
meetings during regular working hours when formally
meeting and conferring in good faith or consulting
with the Employee Relations Officer or other
management representatives on matters within the
scope of representation, provided that the number of
such representatives shall not exceed two (2) without
prior approval of the Employee Relations Officer, and
that advance arrangements for the time away from the
work station or assignment are made with the
appropriate Department Head or designee.
4.3 Social Service Representatives. In the Social
Service Department, the Union shall designate five (5)
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representatives who shall be allowed time off on
County time with corresponding reduction in work
assignments, up to sixteen (16) hours per week per
representative, 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 or for the reasons
as provided in 4. 1 .a through 4. 1 .e above. In each case,
advance arrangements for time away from the
employee's work assignment shall be made with the
Department Head. or designee. Such representatives
from other departments shall be allowed time off as
provided in Section 4.2 and the representatives
designated in this Section shall not in the aggregate
exceed five (5) employees.
4.4 Social Service Office Stewards. The Union
may designate stewards in the Social Service
Department who may be allowed to attend meetings
held on County time for the purposes provided in 4. 1 .d
above. In each case, advance arrangements for time
away from the employee's work assignment shall be
made with the Department Head or designee. The
number of stewards for the following offices shall be:
Muir Road 2 Marina West 2
Hilltop 1 EI Sobrante 1
Rodeo 1 Douglas 1
Antioch 2 CMSE 1
If during the term of this MOU offices are combined or
created, the Union may designate one (1 ) steward for
each new office and two (2) stewards for any office
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with one hundred (100) or more represented
employees.
4.5 Department Notification. The Union shall
notify in writing the Department Head or designee of
those persons designated as official representatives
and as stewards and of any changes of such
designations when made.
SECTION 5 - SALARIES
5.1 General Wage Increases
A. Effective July 1 , 1994 each represented
classification shall receive a general wage
increase of 10 levels on the County Salary
Schedule (1 .0045%).
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. The California Nurses Association, IAFF
Local 1230, and the Union of American
Physicians and Dentists are excluded_ from
these wage increases and subvention
calculations.
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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.
5.2 Pay Equity Implementation. In recognition of
the fact that all Pay Equity adjustments cannot be fully
completed within the time frame of the 1991 -1993
MOU between the County and the Workers' Chapter of
SEW Local 535 , the parties agree as follows:
a. Computation of Pay Equity Adjustments. The
magnitude of Pay Equity adjustments is
determined by applying the method of least
squares to data (points vs. salary) to create a
trend line. Each classification below the trend
line shall receive Pay Equity adjustments until
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such time as the total of 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
classifications 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 payroll 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.
d. Implementation Procedure. The parties agree
to commence meet and confer discussions not
later than June 1 , 1992 regarding the effective
dates of the Pay Equity adjustments, the
distribution of the Pay Equity adjustments
among the eligible classes for the current
contract year and the methodology for
determining the distribution of Pay Equity
adjustments in subsequent years.
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Upon completion of this meet and confer
process, the parties will enter into a
supplemental agreement regarding Pay Equity.
(Exhibit Q.
e. Each participating union will promise not to
bring or support comparable worth or pay
equity litigation against Contra Costa County
or any agent, servant, officer, or employee of
Contra Costa County and further promise that
in the event litigation advancing comparable
worth or pay equity claims is brought against
the County or any of its agents, servants,
officers, or employees, within five years from
the effective date of this agreement, by any
person(s) employed or formerly employed in a
class(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.
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 Anniversary Dates. Except as may otherwise
be provided for in deep class resolutions, anniversary
dates will be set as follows:
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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 months service.
b. Promotions. The anniversary date of a
promoted employee is determined as for a
new employee in Subsection 5 .4.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.
e. Reemployment. 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
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anniversary date is determined for a new
employee who is appointed the same date,
classification and step and who then
successfully completes the required
probationary period.
f. 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.
5.5 Increments Within Range. In the Social
Service Department the performance of each
employee, except those employees already at the
maximum salary step of the appropriate salary range,
shall be reviewed on the anniversary date as set forth
in Section 5.4 to determine whether the salary of the
employee shall be advanced to the next higher step in
the salary range. Advancement shall be granted based
on the overall performance rating of standard or based
on the affirmative recommendation of the appointing
authority. Based on the overall performance rating of
below standard, the appointing authority may
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recommend denial of the increment subject to one
additional review at some specified date before the
next anniversary which must be set at the time
submitted by the Appointing Authority.
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.
5.6 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
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. _
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5.7 Compensation for Portion of Month. Any
employee who works less than any full calendar
month, except when on earned vacation or authorized
sick leave, shall receive as compensation for services
an amount which is in the same ratio to the
established monthly rate as the number of days
worked is to the actual working days in such
employee's normal work schedule for the particular
month; but if the employment is intermittent,
compensation shall be on an hourly basis.
5.8 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
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. 10 - Salary on Promotion.
- 25 -
5.9 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 .9.A above, each incumbent of a position in
the reallocated class shall be placed upon the
step of the new range which equals the rate of
pay received before the reallocation. In the
event that the steps in the new range do not
contain the same rates as the old range, each
incumbent shall be placed at the step of the
new range which is next above the salary rate
- 26 -
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
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 .9.
5. 10 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. 14, 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
- 27 -
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. 11 Salary on Appointment From a Layoff List.
In the event of the appointment of a laid off employee
from the layoff list to the class from which the
employee was laid off, the employee shall be
appointed at the step which the employee had
formerly attained in the higher class unless such step
results in an increase of less than five percent (5%), in
which case the salary shall be adjusted to the step in
the new range which is five percent (5%) greater than
the next higher step, if the new range permits such
adjustment.
5. 12 Salary on Involuntary Demotion. Any
employee who is demoted, except as provided under
Section 5 . 13 , shall have his salary reduced to the
monthly salary step in the range for the class of
position to which he 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 would have achieved had he been
- 28 -
continuously in the position to which he has been
demoted, all within-range increments having been
granted.
5.13 Salary on Voluntary Demotion. Whenever
any employee voluntarily demotes to a position in a
class having a salary schedule lower than that of the
class from which he or she demotes, unless the Board
provides otherwise. by resolution, his or her salary
shall remain the same if the steps in his or her new
(demoted) salary range permit, and if not, 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
resolution, the salary of the employee shall be set as
provided in the deep class resolution 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
- 29 -
employee's salary in the new class shall be set in
accordance with the section on "Salary on Promotion"
if the employee is transferring to another class or to a
level in a deep class for which the salary is at least five
percent (5Y6) 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 . 10 - Salary on Promotion of this MOU,
commencing on the eleventh (1 1 th) work day of 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. Employees selected for the assignment will
normally be expected to meet the minimum
qualifications for the higher classification.
- 30 -
d. Pay for work in a higher classification shall not
be utilized as a substitute for regular
promotional procedures provided in this
Memorandum.
e. The appropriate authorization form has been
submitted by the Department Head at Feast
eight (8) days prior to the expiration of the
ten (10) day waiting period and approved by
the County Administrator.
f. Higher pay assignments shall not exceed six
(6) months except through reauthorization.
g. If approval is granted for pay for work in a
higher classification and the assignment is
terminated and later reapproved for the same
employee within thirty (30) days, no additional
waiting period will be required.
h. Any incentives (e.g., the education incentive)
and special differentials (e.g., bilingual
differential and hazardous duty differential)
accruing to the employee in his/her
permanent position shall continue.
i. During the period of work for higher pay in a
higher classification, an employee will retain
his/her permanent classification, and
anniversary and salary review dates will be
determined by time in that classification.
j. Allowable overtime pay, shift differential
and/or work location differentials will be paid
- 31 -
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;
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 warrant upon the Treasurer in
favor of such employee.
The advance shall be in an amount equal to one-third
(1 /3) or less, at the employee's option, of the
employee's basic salary of the previous month except
that it shall not exceed the amount of the previous
month's basic salary less all requested or required
deductions.
The election to receive an advance shall be made on or
before April 30 or October 31 of each year or during
the first month of employment by filing on forms
prepared by the Auditor-Controller a notice of election
to receive salary advance.
Each election shall become effective on the first day of
the month following the deadline for filing the notice
and shall remain effective until revoked.
In the case of an election made pursuant to this
Section 5. 16, all required or requested deductions
from salary shall be taken from the second
- 32 -
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
Department that the error will be corrected and a new
warrant issued within 48 hours, exclusive of Saturdays,
Sundays and Holidays from the time the department is
made aware of and verifies that the pay warrant is in
error.
Pay errors discovered by the County in employee pay
shall be corrected as soon as possible as to current
pay rate but 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 a proposed repayment schedule, the
employee may accept the proposed repayment
schedule or may request a meeting through the
County Personnel Department. If requested, a meeting
shall be held to determine a repayment schedule which
- 33 -
shall be no longer than one and one-half times (1 - 1 /2)
the length of time the overpayment occurred.
SECTION 6 - DAYS AND HOURS OF WORK
6. 1 Normal Work Week & Deviations. 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,
but his working time shall not exceed an average of
forty (40) hours per seven (7) day period throughout
an operational cycle, and the Department Head shall
prepare written schedules in advance to support all
deviations, the schedules to encompass the complete
operational cycle contemplated.
6.2 Staggered Work Schedule. The Social Service
Department shall continue to operate a staggered
work schedule plan. Office hours shall remain open to
the public from 8:00 a.m. to 5 :00 p.m., Monday
through Friday. Permanent full time employees shall
have the option to select, subject to prior approval of
the department, an eight (8) hour day, forty (40) hour
workweek schedule consisting of work hours which
may be other than the normal 8:00 a.m. to 5 :00 p.m.
or 4:30 p.m. work schedule. The following shall serve
as the basic criteria for the staggered shift:
- 34 -
a. All employees must be present at their office
or otherwise engaged in the duties of their
position during the core hours of 10:00 a.m.
and 3 : 30 p.m.
b. Work schedules must remain within the hours
of 7:00 a.m. and 7:00 p.m.
C. The selected staggered work schedule shall
consist of the same hours of work each day
except for when a schedule including one
varying eight hour workday is necessary to
provide "officer of the day" coverage or for
other specific circumstances in which the
department determines that such a varying
schedule is appropriate. The decision of the
Department Head or designee shall be final.
d. Lunch periods of one (1 ) or one half (1 /2) hour
shall be scheduled. In the event that the
employee desires to change the scheduled
lunch hour from one (1 ) hour to one half (1 /2)
hour, or from one half (1 /2) hour to one (1 )
hour, that change must be approved in
advance by the Department Head or designee.
Lunch periods shall be taken within one (1 )
hour of the midpoint of the employee's
scheduled workday.
e. Each work unit designated by placement
under a single line supervisor shall have at
least one line worker in the office during the
hours of 8:00 a.m. to 5 :00 p.m. Each such
unit shall also have at least one additional line
- 35 -
worker in the office or otherwise engaged in
the duties of their positions during the hours
of 8:00 a.m. and 4: 30 p.m. There are two
situations in which exceptions may be made
to these minimum coverage provisions. Units
which are placed under a single supervisor but
which are split between two or more buildings
may be clustered with another unit of a like
program function in the immediate work areas
of the same building for the purpose of
maintaining minimum coverage during the
time period between 4: 30 p.m. and 5 :00 p.m.
A unit of three or fewer workers may be
clustered with another unit of a like program
function in the immediate work area for
purpose of maintaining minimum coverage,
provided that the total number of workers in
the units so clustered shall not exceed eight
(8)•
f. Each employee's proposed staggered schedule
must be submitted in writing and approved by
the Department Head or designee prior to
implementation.
g. Changes in staggered schedules shall be
requested in writing and must have the
approval of the Department Head or designee
prior to implementation.
h. Conflicting requests for schedules shall be
resolved by the Department Head whose
decision shall be final.
- 36 -
i. In the event coverage within a location
becomes temporarily reduced as a result of
scheduling revisions or absenteeism,
employees will be expected to assure that the
necessary functions are performed, par-
ticularly the answering of telephones.
j. It is understood that an individual employee's
schedule may be changed due to the needs of
the department.
k. In the event this staggered scheduling.
provision is found by the department to be
inconsistent with the needs of the
department, the department shall so advise
representatives of Local 535 and the County
and the Union shall meet and confer in an
attempt to resolve the inconsistency.
The Public Health Division of the Health Services
Agency shall institute, within clinic and caseload
requirements, a staggered hours work schedule plan
in which permanent full time Social Workers and
Eligibility Workers shall have the option to request,
subject to prior approval of the Department Head or
designee, an eight (8) hour day, forty (40) hour work
week schedule consisting of work hours which may be
other than the normal 8:00 a.m. to 5 :00 p.m., Monday
through Friday. The following shall serve as the basic
criteria for departmental approval:
a. All employees must be present at their office
or otherwise engaged in the duties of their
37
position during the core hours of 9:00 a.m. to
4:00 p.m.
b. Work schedules must remain within the hours
of 7:30 a.m. and 5:30 p.m. except for specific
assignments which may require work beyond
those hours.
C. The selected staggered work schedule shall
consist of the same eight hour work days as is
necessary to provide coverage during the
hours of 8:00 a.m. to 5:00 p.m. The decision
of the Department Head or designee shall be
final.
d. Lunch periods of.one (1 ) or one-half (1 /2) hour
shall be scheduled subject to the approval of
the Department Head or designee. In the
event that the Social Worker or Eligibility
Worker desires to change the scheduled lunch
hour from one (1 ) hour to one-half (1 /2) hour,
or from one half (1 /2) hour to one (1 ) hour,
that change must be approved in advance by
the Department Head or designee.
e. Each proposed staggered schedule must be
submitted in writing and approved by the
.Department Head or designee prior to
implementation.
f. Changes in staggered schedules shall be
requested in writing and must hav-e the
approval of the Department Head or designee
prior to implementation.
- 38 -
g. Conflicting requests for schedules shall be
resolved by the Department Head or designee,
and this decision shall be final.
h. In the event coverage within an area office
becomes temporarily reduced as a result of
program changes, scheduling revisions,
absenteeism, or reductions in staffing, the
department may adjust Social Worker and
Eligibility Worker schedules and/or duties to
assure that the necessary functions of the
department are performed.
i. It is understood that an individual employee's
schedule may be changed due to the needs of
the department.
j. In the event this staggered scheduling
provision is found by the department to be
inconsistent with the needs of the
department, the department shall so advise
representatives of Local 535 and the County
and the Union shall meet and confer in an
attempt to resolve the inconsistency.
6.3 9/80 Schedules. The practice within the
Social Service Department governing the authorization
for certain employees to work a schedule of (8) nine
hour days and (1 ) eight hour day in a two week
scheduling period shall continue, unless the parties
mutually agree to changes in such practice.
-
39 -
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work
performed in excess of forty (40) hours per week or
eight (8) hours per day. All overtime shall be compen-
sated for at the rate of one and one-half 0 -112) times
the employee's base rate of pay (not including shift
and other special differentials).
Overtime for permanent employees is compensated in
increments of one-tenth hour (six minutes) 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, Jails, juvenile Hall and Boys' Ranch)
shall be provided a choice as to whether they shall be
paid at the overtime rate or shall receive compensatory
time off at the rate of one and one-half (1 -1 /2) hours
compensatory time off for each hour worked. Such
compensatory time off, and the accumulation thereof
shall be in addition to the total vacation accumulation
permitted under the terms of this MOU. The specific
provisions of this accumulation are set forth in Section
12.4 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.
A. Employees receiving overtime pay who wish to
accrue compensatory time off in lieu of
overtime pay shall notify the department on
- 40 -
the approved form indicating their desire to
accrue compensatory time off at least seven
(7) calendar days prior to July l of each year.
Employees accruing compensatory time off
and who wish to continue to accrue
compensatory time off in a subsequent fiscal
year are not required to notify the
department.
An employee wishing to change the method of
overtime compensation (overtime pay to
compensatory time off or compensatory time
off to overtime pay) during the fiscal year may
do so by notifying the department on the
approved form with thirty (30) days notice of
such change. Only one such change shall be
allowed per fiscal year.
B. The names of those employees electing to
accrue compensatory time off shall be placed
on a list maintained by the department. At
time of appointment, newly appointed
employees may elect to accrue compensatory
time off in lieu of overtime pay by notifying
the department on the approved form.
C. Compensatory time off shall be accrued at the
rate of one and one--half (1 - 112) times the
actual authorized overtime hours worked by
the employee.
A permanent part-time employee shall accrue
compensatory time off at the rate of one (1 )
- 41 -
hour for each hour worked in excess of the
employee's regular work week for those hou ~s
which are not authorized overtime.
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 worked will be paid at the
overtime rate. If the employee's balance falls
below one hundred twenty (120) hours, the
employee shall again accrue compensatory
time off for authorized overtime hours worked
until the employee's balance again reaches
one hundred twenty (120) hours.
E. Accrued compensatory time off shall be
carried over for use in the next fiscal year;
however, as provided in D above, accrued
compensatory time off balances may not
exceed one hundred twenty (120) hours.
F. The use of accrued compensatory time off
shall be by mutual agreement between the
Department Head or his 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 designee.
- 42 -
G. When an employee promotes, demotes or
transfers from the 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.
H. Compensatory time accrual balances will be
paid off when an employee moves from one
department to another through promotion,
demotion or transfer. Said payoff will be made
in accordance with the provisions and salary
of the class from which the employee is
promoting, demoting or transferring as
provided in I. below.
I. Since employees accrue compensatory time
off at the rate of one and one-half (1 -1 /2)
hours for each hour of authorized overtime
worked, accrued compensatory time balances
shall 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;
- 43 -
3. the employee separates from County
service;
4. the employee retires;
5 . the employee is granted a leave of
absence.
�. Compensatory time off shall be accrued and
taken in increments of one-tenth (1 /10) hour
(six minutes).
K. The Office of the County Auditor-Controller
will establish timekeeping procedures to
administer this section.
7.3 Part-Time Differential. If an employee in the
Social Services Department, assigned to a
permanent part-time position, is requested to
work on his/her scheduled day off after the
scheduled office hours, such employee shall
receive, in addition to their regular base rate
of pay, a differential of one-half (1 /2) their
regular base rate of pay.
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.
- 44 -
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 superior can reach him 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.
Those positions which are on-call shall be designated
by the appointing authority whose decision is final.
Assignment to an on-call position shall be in
accordance with Section 38.
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.
- 45 -
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 disability as provided
above for the first thirty (30) calendar days of
each absence.
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.
- 46 -
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
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
J
which occur in other job classes for which
- 47 -
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
the Union regarding the implementation of
the action.
11 .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.
- 48 -
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
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
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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
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 examina-
tion from one class to another class having a
. salary within five percent of the former class,
as provided in Section 305 .2 , 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
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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 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 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, or who has
transferred 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.
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G. Order of Names o:n~ Layoff. First, layoff lists
shall contain the names of persons laid off,
displaced or demoted as a result of a layoff or
displacement, or who have voluntarily
demoted in lieu of layoff or displacement or
who have transferred in lieu of layoff or
displacement. Names shall be listed in order
of layoff seniority in the class from which laid
off, displaced, 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
among the employees involved.
H. Duration of Layoff and- Reemployment Rights.
The name of any person granted
reemployment privileges shall continue on the
appropriate list fora 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.
Layoff 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
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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 the salary range the
employee held on the day of layoff.
,J. Removal of Names From Reemployment and
Layoff Lists.
1 . The Director of Personnel may remove the
name of any eligible from a reemployment
or layoff list for any reason listed below:
a. For any cause stipulated in Section
404. 1 of the Personnel Management
Regulations.
b. On evidence that the eligible cannot
be located by postal authorities.
c. On receipt of a statement from the
appointing authority or eligible that
the eligible declines certification or
indicates n0 further desire for
appointment in the class. _
53
d. If three offers of permanent
appointment to the class for which
the eligible list was established have
been declined by the eligible.
e. 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.
2. 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.
I 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
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
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54 -
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 Fist 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
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 bifid 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 Fist and has
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not been appointed back to the class from 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
Such other days as the Board of Supervisors
may by resolution designate as holidays.
B. Each full time 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.
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C. Permanent part-time employees shall receive
personal holiday credit in the same ratio to
the personal 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.
D. Employees shall accrue their personal holiday
credit during months they are in pay status
provided however that no employee may
accrue more than forty (40) hours of personal
holiday credit beginning January 1 , 1988. On
separation from County service, an employee
shall be paid for any unused personal credits
at the employee's then current pay rate.
E. Employees in positions which work around the
clock shall continue to celebrate Admission
Day, Columbus Day, and. Lincoln's Day.
12,2 Application of Holiday Credit. The following
provisions indicate how holiday credit is to be applied:
a. Employees on the five (5) day forty (40) hour
Monday through Friday work schedule shall be
entitled to a holiday whenever a holiday is
observed pursuant to the schedule cited
above:
b. Employees on a work schedule other than
Monday through Friday shall be ' entitled to
credit for any holiday, whether worked or not,
-
57 -
observed by employees on the regular schedule.
C. For all employees, if a work day falls on a
scheduled holiday they shall receive overtime
pay or equivalent compensatory time credit
(holiday credit) for working 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.
12.3 Holidays Falling on Saturday or Sunday. If
any holiday listed in Section 12. 1 .A above falls on a
Saturday, it shall be observed on the preceding Friday.
If any holiday listed in Section 12. 1 .A falls on a Sunday,
it shall be observed on the following Monday.
12.4. Accrual of Holiday Time & Credit. Employees
entitled to holiday credit shall be permitted to elect
between pay 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 June 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
59 -
month compensation pursuant to Section 5 .8 of this
MOU.
Vacation may be taken in increments of one-tenth hour
(six minutes).
Vacation credits 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; and none shall be
allowed in excess of actual accrual at the time vacation
is taken.
a. 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.
13.2 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
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Employees in permanent part-time and permanent-
intermittent positions shall accrue vacation benefits on
a pro rata basis as provided in Section 36-1 .006 of
Board Resolution #81 /1165.
13.3 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.
13.4 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.
13.5 Vacation Preference. Preference of vacation
shall be given to employees according to their
seniority in their department as reasonably as
possible.
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)
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working hours credit for each completed month of
service, as prescribed by County Salary Regulations
and memoranda of understanding. Employees who
work a portion of a month are entitled to a pro rata
share of the monthly sick leave credit computed on the
same basis as is partial month compensation.
Credits to and charges against sick leave are made in
minimum amounts of one-tenth hour (6 minutes)
increments.
Unused sick leave credits accumulate from year to
year.
When an employee is . separated other than through
retirement, accumulated sick leave credits shall be
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 time
on the basis on 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" means and includes only the
spouse, son, stepson, daughter, stepdaughter, father,
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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 "dependent" for IRS reporting purposes
by the employee.
"Employee" means any person employed by Contra
Costa County in an allocated position in the County
service.
"Paid Sick leave Credits" means those sick leave
credits provided for by County Salary Regulations and
memoranda of understanding.
"Condition/Reason" With respect to necessary verbal
contacts and confirmations which occur between the
department and the employee when sick leave is
requested or verified, a. brief statement in non-
technical terms from the employee regarding inability
to work due to injury or illness is sufficient.
Accumulated paid sick leave credits may be used,
subject to appointing authority approval, by an
employee in pay status,. but only in the following
instances:
a. Temporary Illness or Injury of an Employee.
Paid sick leave credits may be used when the
employee is off work because of a temporary
illness or injury.
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b. Permanent Disability Sick Leave. Permanent
disability means the employee suffers from a
disabling physical injury or illness and is
thereby prevented from engaging in any
County occupation for which the employee is
qualified by reason of education, training or
experience. Sick leave may be used by
permanently disabled employees until all
accruals of the employee have been
exhausted or until the employee is retired by
the Retirement Board, subject to the following
conditions:
1 . An application for retirement due to
disability has been filed with the
Retirement Board.
2 . Satisfactory medical evidence of such
disability is received by the appointing
authority within 30 days of the start of
use of sick leave for permanent disability.
3 . The appointing authority may review
medical evidence and order further
examination as deemed necessary, and
may terminate use of sick leave when
such further examination demonstrates
that the employee is not disabled, or
when the appointing authority determines
that the medical evidence submitted by
the employee is insufficient, or where the
above conditions have not been met.
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C. Communicable Disease. An employee may use
paid sick leave credits when under a
physician's order to remain secluded due to
exposure to a communicable disease.
d. Sick Leave Utilization for Pregnancy Disability.
Employees whose disability is caused or
contributed to by pregnancy, miscarriage,
abortion, childbirth, or recovery therefrom,
shall be allowed to utilize sick leave credit to
the maximum accrued by such employee
during the period of such disability under the
conditions set forth below:
1 . Application for such leave must be made
by the employee to the appointing
authority accompanied by a written
statement of disability from the
employee's attending physician. The
statement must address itself to the
employee's general physical condition
having considered the nature of the work
performed by the employee, and it must
indicate the date of the commencement
of the disability as well as the date the
physician anticipates the disability to
terminate.
2 . If - an employee does not apply for leave
and the appointing authority believes that
the employee is not able to properly
perform her work or that her general
health is impaired due to disability caused
or contributed to by pregnancy,
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;;pp
miscarriage, abortion, childbirth or
recovery therefrom the employee shall be
required to undergo a physical
examination by a physician selected by
the County. Should the medical report so
recommend, a mandatory leave shall be
imposed upon the employee for the
duration of the disability.
3 . Sick leave may not be utilized after the
employee has been released from the
hospital unless the employee has
provided the County with a written
statement from her attending physician
stating that her 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:
I . 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.
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g. Death of Family Member. An employee may
use paid sick leave credits for working time
used because of a death in the employee's
immediate family, but this shall not exceed
three working days, plus up to two days of
work time for necessary travel.
h. Accumulated paid sick leave credits may not
be used in the following situations:
1 Vacation. Paid sick leave credits may not
be used for an employee's illness or injury
which occurs while he 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
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possible duration of the absence.
2. Employees are responsible for keeping
their department informed on a
continuing basis of their condition and
probable date of return to work.
3. Employees are responsible for obtaining
advance approval from their supervisor
for the scheduled time of pre-arranged
personal or family medical and dental
appointment.
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
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medical verification for an absence of three (3)
or more working days. The department may
also require medical verification for absences
of Tess than three (3) working days for
probable cause if the employee had been
notified in advance in writing that such
verification was necessary. Inquiries may be
made in the following ways:
1 . Calling the employee's residence
telephone number or other contact
telephone number provided by the
employee if telephone notification was
not made in accordance with
departmental sick leave call-in guidelines.
These inquiries shall be subject to any
restrictions imposed by. the employee
under Section 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
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ability to return to work, as specified above.
5 . In absences of an extended nature,
requiring the employee to obtain from
their physician a statement of progress
and anticipated date on which the
employee will be able to return to work,
as specified above.
Department heads are responsible for establishing
timekeeping procedures which will insure the
submission of a time card covering each employee.
absence and for operating their respective offices in
accordance with these policies and with clarifying
regulations issued by the Office of the County
Administrator.
To help assure uniform policy application, the
Personnel Director or designated management staff of
the County Personnel Department should be contacted
with respect to sick leave determinations about which
the department is in doubt.
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
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believes to be temporarily or permanently
physically or mentally incapacitated for the .
performance of the employee's duties.
B. An appointing authority who has reasonable
cause to believe that there are physical or
mental health conditions present in an
employee which endanger the health or safety
of the employee, other employees, or the
public, or which impair the employee's
performance of duty, may order the employee
to undergo at County expense and on the
employee's paid time, a physical, medical
and/or psychiatric examination by a licensed
physician and receive a report of the findings
on such examination. If the examining
physician recommends that treatment for
physical or 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.
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D. Before an employee returns to work from any
absence for illness or injury, other leave of
absence or disability leave, exceeding two
weeks in duration, the appointing authority
may order the employee to undergo at County
expense a physical, medical, and/or
psychiatric examination by a licensed
physician, and may consider a report of the
findings on such examination. If the report
shows that such employee is physically or
mentally incapacitated for the performance of
duty, the appointing authority may take such
action as he 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; -
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3. a statement of the basis upon which the
action is being taken;
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.
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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
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
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remain confidential information and shall not
be a part of the public record.
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. _
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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.
M. It is understood that the benefits specified in
Sections 14 and 15 shall be coordinated with
the rehabilitation program as determined by
the labor-management committee.
14.6 Workers' Compensation. The County will
reduce Workers' Compensation for all non-safety
employees to 94% of monthly salary for all claims filed
with the employee's department on or after February
101 1992 and 88% of monthly salary for all claims filed
on or after january 1 , 1993. All savings generated will
be used toward offsetting chargeable increases in
County subvention of premiums for health and dental
plans. If Workers' Compensation becomes taxable, the
County agrees to restore. the current benefit level
(100% of monthly salary) and the parties shall meet
and confer with respect to funding the increased cost.
A. Employees who leave work as a result of an
on-the-job injury will have the balance of that
day charged to continuing pay. This will be
considered as the last day worked for
purposes of determining Workers'
Compensation benefits.
A permanent employee shall receive the
authorized percentage of regular salary
during any period of compensable temporary
disability absence. "Compensable temporary
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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 disa-
bility payments received by him/her from any
County funded wage replacement program.
No charge shall be made against sick leave or
vacation for these salary payments. Sick leave
and vacation rights shall not accrue for those
periods during which salary payments are
made.
The maximum period for the described salary
continuation for any one injury or illness shall
be one year from the date of temporary
disability.
B. Continuing pay begins on the date, of injury
and continues until the temporary disability
ends, or until one (1 ) year from the . date of .
injury, whichever comes first. All continuing
pay under the Workers' Compensation
Program will be cleared through the County
Administrator's Office, Risk Management
Division.
C. Full Pay Beyond One Year. If an injured
employee remains eligible for temporary
disability beyond one year, the authorized ,
- » -
salary will continue by integrating 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.
D. 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.
E. Health Insurance. The County contribution to
the employee's group insurance plan(s)
continues during the continuing pay period
and during integration of sick leave or
vacation with Workers' Compensation bene-
fits.
F. Method of Integration. An employee's sick
leave and/or vacation charges shall be
calculated as follows: C = 8 P - (W = S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
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14.7 Leave Without Pay. No employee who has
been granted a leave without pay or 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.
14.8 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:
14.9 General Provisions. The California SDI
program provides disability benefits beginning on the
eighth (8) calendar day of a qualifying disability unless
the employee is hospitalized. Upon hospitalization,
benefits can be payable from the first day of the
disability. If the disability exceeds fourteen (14)
calendar days, benefits can be payable from the first
day of the 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.
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
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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.
14. 10 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
hour of sick leave per month for the duration of their
SDI benefit.
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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.
14.11 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:
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
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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.
14.12 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.
14.13 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
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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 10,
1994 pay warrants covering the July 1994 payroll
period.
14.14 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
self-funded and self-administered disability insurance
program.
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14.15 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
floating holiday be deducted from those acco-unt(s)
and credited to the Catastrophic Leave Bank. Upon
approval, credits from the Catastrophic Leave Bank
- 84 -
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.
A. 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. _
- 8S -
B. 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.
C. 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.
D. 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.
E. 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.
F. 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. -
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G. 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.
H. 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, cost and acceptance by
employees.
I. 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.
j. Any unused hours transferred to a recipient
will be returned to the Catastrophic Leave
Bank.
SECTION 16 - LEAVE OF ABSENCE
16. 1 Leave Without Pay. Any employee who has
permanent status may be granted a leave of absence
- 87 -
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.
16.2 General Administration Leaves of Absence.
Requests for leave of absence 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, disability, or serious health
condition;
2 . pregnancy or pregnancy disability;
3 . family care;
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
_ 88 _
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 16. 5 below.
E. Whenever an employee who has been granted
a leave without pay desires to return before
the expiration of such leave, the employee
shall submit a request to the appointing
authority in writing at least fifteen (15) days in
advance of the proposed return. Early return
is subject to prior approval by the appointing
authority. 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,
- 89 -
the decision of the appointing authority
granting or denying a 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.
16.3 Furlough Days Without Pay. The existing
VTO program shall be continued for the life of the
contract.
16.4 Military Leave. Any employee who has
permanent status in the merit system and who is
required to serve as a member of the State Militia or
the United States Army, Navy, Air Force, Marine Corps,
Coast Guard or any division thereof, shall be granted
a military leave for the period of such service, plus
ninety (90) days. An employee who volunteers for
such service shall be granted a leave of absence, if
necessary, in accordance with applicable state or
federal law. 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
- 90 -
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.
16.5 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 (less if so
requested by the employee) leave for:
a. medical leave of absence for the employee's
own serious health condition which makes the
employee unable to perform the functions of
the employee's position; or
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.
16.6 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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16.7 Intermittent Use--,of Leave. The 18 week
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 16. 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.
16.8 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.
16.9 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.
_ 92 _
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. Souse: A partner in marriage as defined in
California Civil Code Section 4100.
d. Domestic Partner: An unmarried person,
eighteen (18) years or older, to whom the
employee is not related and with whom the
employee resides and shares the common
necessities of life.
e. Serious Health Condition: An illness, injury,
impairment, or physical or mental condition
which warrants the participation of a family
member to provide care during a period of
treatment or supervision and involves either
inpatient care in a hospital, hospice or
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 Care Leave: A written
communication to the employer from a health
care provider of a person for whose care the
leave is being taken which need not identify
the serious health condition involved, but
shall contain:
1 . the date, if known, on which the serious
health condition commenced;
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2. the probable duration of the condition;
3 . an estimate of the amount of time which
the employee needs to render care or
supervision;
4. a statement that the serious health
condition warrants the participation of a
family member to provide care during
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 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;
- 94 -
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.
16.10 Pregnancy Disability Leave. Insofar as
pregnancy disability leave is used under Section 14.3.d
(Sick Leave Utilization for Pregnancy Disability), that
time will not be considered a part of the 18 week
family care leave period.
16. 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 16. 12 . During the 18
weeks of an approved medical or family care leave
under Section 16. 5 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 16. 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.
16.12 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
(12) 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
Section 14.8 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),
- 96 -
vacation floating holiday, compensatory time
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 week
.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.
16. 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
- 97 -
provisions of Section 11 (Seniority, Workforce
Reduction, Layoff, & Reassignment) shall apply.
16. 14 Leave of Absence Return. In the Social Service
Department an employee shall have the right to return
to the same class, building, and assignment (position
control number) if the return to work is within eighty-
nine (89) consecutive days from the initial date the
employee started leave of absence. At such time the
leave of absence is approved by the Appointing
Authority, the Social Service Department shall notify
the employee of the final date by which they shall
return to be assigned to the same position control
number.
16.15 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
- 98 -
same or comparable position adjusted on a pro rata
basis.
16. 16 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.
16. 17 Unauthorized Absence. An unauthorized
absence from the work site or failure to report for duty
after a leave request has been disapproved, revoked,
or cancelled by the appointing authority, or at the
expiration of a leave shall be without pay. Such
absence may also be grounds for disciplinary action.
16.18 Non-Exclusivity. Other MOU language on this
subject, not in conflict, shall remain in effect.
16. 19 Time Off to Vote. Employees represented by
the Union who do not have sufficient time outside of
working hours to vote at a statewide election, may,
without loss of pay, take off enough working time
which will enable the employee to vote.
No more than two (2) hours of the time taken off for
voting shall be without loss of pay. The time off for
voting shall be only at the beginning or end of the
regular working shift, whichever allows the most free
- 99 -
time for voting and the least time off from the regular
working shift.
Any employee seeking time off to vote under the
provisions of this Section, must submit a written
request, at least two (2) working days in advance, to
his or her immediate supervisor, stating the following:
name; job classification; department; a statement "I am
a registered voter"; geographic location and address of
the employee's polling place; amount of time off
requested and whether it is to be at the beginning or
end of the employee's regular work day; and a clear
statement as to why the employee is unable to vote
during the regular hours that the polls are open.
SECTION 17 - JURY DUTY AND WITNESS DUTY
17.1 Jury Duty. For purposes of this Section, jury
duty shall be defined as any time an employee is
obligated to report to the court.
A. When called for jury duty, County employees,
like other citizens, are expected to discharge
their jury duty responsibilities.
B. Employees shall advise their department as
soon as possible if scheduled to appear for
jury duty.
C. 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
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(vacation, floating holiday, etc.) or leave
without pay and retain all fees and expenses
paid to them.
D. 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:
1 . 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.
Z . 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.
E. Employees are not permitted to engage in any
employment regardless of shift assignment or
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occupation before or after daily jury service
that would affect their ability to properly serve
as jurors.-
F. 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.
G. 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 or 4/10 work
schedules will not receive overtime or
compensatory time credit for jury duty on
their scheduled days off.
H. Permanent-intermittent employees are entitled
to paid jury duty leave only for those days on
which they were previously scheduled to work.
17.2 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 allowances) or they make
take vacation leave or leave without pay and retain all
fees and expenses.
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Employees called to serve as witnesses in private cases
or personal matters (e.g., accident suits and family
relations) shall take vacation leave or leave without pay
and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the
same provisions as apply to jury duty as set forth in
Section 16 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 18 - HEALTH AND WELFARE, LIFE &
DENTAL CARE
18.1 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 to work twenty (20) or' more hours
per week. Effective February 1 , 1994 the QualMed
Health Plan will be added. During the term of this
MOU, all conditions and agreements regarding health,
dental and related benefits contained in the January
131 1994 Letter of Agreement attached as Exhibit A)
between the County and the Labor Coalition shall be in
effect. For the term of this MOU, the County will not
discontinue or modify any health or dental plan
currently provided. However, if a provider discontinues
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service to the County, the County shall immediately,
upon knowledge of this potential, meet and confer
regarding a replacement.
18.2 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.
18.3 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.
18.4 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
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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.
18.5 Coverage During Absences. An employee on
approved leave of absence shall be allowed to continue
his/her health plan coverage at the County group rate
for twelve (12) months provided that the employee
shall pay the entire premium for the Health Plan during
said leave.
An employee on leave in excess of twelve (12) months
may continue health plan coverage by converting to an
individual health plan option (if available) or continuing
group coverage subject to the provisions of the
Consolidated Omnibus Budget Reduction Act (COBRA)
provided the employee pays the entire cost of
coverage, plus any administrative fees, for the option
selected. The entire cost of coverage shall be paid at
a time and place 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
f
by the County.
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18.6 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.
18.7 Dual Coverage. If a husband and wife both
work for the County and one of them is laid off, the
remaining eligible shall be allowed to enroll or transfer
into the health coverage combination of his/her
choice.
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 19 - PROBATIONARY PERIOD
19.1 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.
19.2 Classes With Probation Periods Over Six
Months. Listed below are those classes represented by
the Union which have probation periods in excess of
six (6) months: None.
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19.3 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.
19.4 Criteria. The probationary period shall
commence from the date of appointment. It shall not
include time served in provisional or temporary
appointments or any period of continuous unpaid
absence exceeding fifteen (15) calendar days, except
as otherwise provided by law.
For those employees appointed to permanent-
intermittent positions with a six (6) months probation
period, probation will be considered completed upon
serving one-thousand (1 ,000) hours after appointment
except that in no instance will this period be less than
six (6) calendar months from the beginning of
probation. If a permanent-intermittent probationary
employee is reassigned to full time, credit toward
probation completion in the full time position shall be
prorated on the basis of one hundred seventy-three
(173) hours per month.
19.5 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
-
107 -
period based on political or religious
affiliations or opinions, 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.
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.
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19.6 Regular Appointment. The regular
appointment of a probationary employee shall begin
on the day following the end of the probationary
period, subject to the condition that the Director of
Personnel receive from the appointing authority a
statement in writing 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.
If the appointing authority has not returned the
probation report, a probationary employee may be
rejected from the service within a reasonable time
after the probation period for failure to pass
probation. 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 otherl 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
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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
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.
19.7 Layoff During Probation. An employee who
is laid off during probation, if reemployed in the same
class by the same department, shall be required to
complete only the balance of the required probation.
If reemployed in another department or in another
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
' - 110 -
employee separated, displaced or voluntarily demoted
in lieu of layoff.
19.8 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
department or classification than that from which the
employee was laid off.
SECTION 20 PROMOTION
20. 1 Competitive Exam. Promotion shall be by
competitive examination unless otherwise provided in
this MOU.
20.2 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.
20.3 Open Exam. 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.
20.4 Promotion via Reclassification Without
Examination. Notwithstanding other provisions of this
Section, an employee may be promoted from one
classification to a higher classification and his/her
position reclassified at the request of the appointing
authority and under the following conditions:
a. An evaluation of the position(s) in question
must show that the duties and responsibilities
have significantly increased and constitute a
higher level of work.
b. The incumbent of the position must have
performed at the higher level for one (1 ) year.
C. The incumbent must meet the minimum
education and experience requirements for
the higher class.
d. The action must have approval of the
Personnel Director.
e. The Union approves such action.
The appropriate rules regarding probationary status
and salary on promotion are applicable.
20.5 Regluirements 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
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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.
20.6 Seniority Credits. Employees who have
qualified to take promotional examinations and who
have earned a total score, not including seniority
credits, of seventy (70) percent or more, shall receive,
in addition to all other credits, five one-hundredths of
one (.05) percent for each completed month of service
as a permanent County employee continuously
preceding the final date for filing application for said
examination. For purposes of seniority credits, leaves
of absence shall be considered as service. Seniority
credits shall be included in the final percentage score
from which the rank on the promotional list is deter-
mined. No employee, however, shall receive more than
a total of five percent (5%) credit for seniority in any
promotional examination.
20.7 Physical Examination. County employees who
are required as part of the promotional examination
process to take a physical examination shall do so on
County time at County expense.
SECTION 21 —TRANSFER
21 .1 Requirements. The following conditions are
required in order to qualify for transfer:
113 -
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.
21 .2 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
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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
to a position in the classification in the
department from which the .employee was
transferred.
The Personnel Director, upon request, will provide
written justification for invoking this section.
21 .3 Procedure. Any employee or appointing
authority who desires to initiate a transfer may inform
the Director of Personnel in writing of such desire
stating the reasons 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
initiative in accomplishing the -transfer.
:r
SECTION 22 - 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.
22.1 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, up to. four (4) weeks, for a specific reason, or
consents to the employee's terminating on shorter
notice) is a resignation in good standing.
22.2 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 the employee
after the mailing of a notice of resignation by
the appointing authority to the employee at
the employee's last known address.
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22.3 Effective Resignation. A resignation is
effective when delivered or spoken to the appointing
authority, operative either on that date or another date
specified.
22.4 Revocation. A resignation that is effective is
revocable only by written concurrence of the employee
and the appointing authority, except that an oral
resignation rescinded in writing by the end of the
workday following the oral resignation will be accepted
by the appointing authority.
22.5 Coerced Resignations.
A. Time Limit. A resignation which the employee
believes has been coerced by the appointing
authority may be revoked within seven (7)
calendar days after its expression, by serving
written notice on the Director of Personnel
and a copy on the appointing authority.
B. Reinstatement. If the appointing authority
acknowledges that the employee could have
believed that the resignation was coerced, it
shall be revoked and the employee returned
to duty effective on the day following the
appointing authority's acknowledgement
without loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the
receipt of the notice, the appointing authority
acknowledges that the resignation could have
been believed to be coerced, this question
should be handled as an appeal to the Merit
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117 -
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 24 of the MOU
beginning with Step C.
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.
SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION
23.1 Sufficient Cause for Action. The appointing
authority may dismiss, suspend or demote any
employee for cause. The following are sufficient
causes for such action; the list is indicative rather than
inclusive of restrictions and dismissal, suspension or
demotion may be based on reasons other than those
specifically mentioned:
a. absence without leave,
b. conviction of any criminal act involving moral
turpitude,
C. conduct tending to bring the merit system
into disrepute,
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d. disorderly conduct,
e. incompetence or inefficiency,
f. insubordination,
g. being at work under the influence of liquor or
drugs, carrying onto the premises liquor or
drugs or consuming or using liquor or drugs
during work hours and/or on County
premises,
h. neglect of duty, i.e. non-performance of
assigned responsibilities
i. negligent or willful damage to public property
or waste of public supplies or equipment,
j. violation of any lawful or reasonable
regulation or order given by a supervisor or
Department Head,
k. willful violation of any of the provisions of the
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,
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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.
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.
23.2 Skelly Requirements. Notice of Proposed
Action (Skelly Notice). Before taking a disciplinary
action to dismiss, suspend for more than five (5) work
days, or demote an employee, the appointing authority
shall cause to be served, either personally or by
certified mail, on the employee, a Notice of Proposed
Action, which shall contain the following:
a. A statement of the action proposed to be
taken.-
b.
aken:b. A copy of the charges; including the acts or
omissions and grounds upon which the -action
is based.
- 1zo -
C. If it is claimed that the employee has violated
a rule or regulation of the County, department
or district, a copy of said rule shall be
included with the notice.
d. A statement that the employee may review
and request copies of materials upon which
the proposed action is based.
e. A statement that the employee has seven (7)
calendar days to respond to the appointing
authority either orally or in writing.
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 any extension, the right to respond is lost.
23.3 Leave Pending Employee Response. Pending
response to a Notice of Proposed Action within the
first seven (7) days, the appointing authority for cause
specified in writing may place the employee on
temporary leave of absence, with pay.
23.4 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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23.5 Procedure on Dismissal, Suspension or
Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend,
or demote an employee having permanent
status in a position in the merit system, after
having complied with the Provisions of Section
23 .2, where applicable, . the appointing
authority shall make an order in writing
stating specifically the causes for the action.
B. Service of Order. Said order of dismissal,
suspension, 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 per-
sonal service or deposit in the U. S. Postal
Service.
C. Employee Appeals From Order. The employee
may appeal an order of dismissal, suspension
or demotion either to the Merit Board or
through the procedures of Section 24 -
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 both appeal to the Merit Board and
file a grievance under Section 24 of this_ MOU.
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SECTION 24 - GRIEVANCE PROCEDURE
24.1 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 grievant claims to have a grievance
and shall be processed in the following manner:
A. Ste...p 1 . Any employee or group of employees
who believe that a provision of this MOU has
been misinterpreted or misapplied to his or
her detriment 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. If the issue is not resolved, the
procedures hereinafter may be invoked.
B. 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 the grievant to
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the grievant's detriment, and the redress the
grievant seeks. A copy of each written
communication on a grievance shall be filed
with the Director of Personnel. The
Department Head or his or her designee shall
have (ten) work days in which to respond to
the grievance in writing.
C. 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 and respond in
writing.
D. Step 4. No grievance may be processed under
this Section which has not first been filed and
investigated in accordance with Step 3 above
and filed within ten (10) work days of the
written response of the Personnel Director or
designee. If the parties are unable to reach a
mutually satisfactory accord on any grievance
which arises and is presented during the term
of this 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
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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 and render a decision. 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.
E. Step 5 . If an Adjustment Board is unable to
arrive at a majority decision, either the
grievant or the County may require that the
grievance be referred to an impartial
arbitrator who shall be designated by mutual
agreement between the 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) work days of the request
for arbitration the parties shall mutually select
an arbitrator who shall render a decision
within thirty (30) work days from the date of
final submission of the grievance including
receipt of the court reporter's transcript and
post-hearing briefs, if any. The fees and
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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.
24.2 Scoye 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 24. 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 matter or subject arising out of or in
connection with such proposals, may be
referred to arbitration under this Section.
Neither - any Adjustment Board nor any
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126 -
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 24. 1 .0
above, or the Adjustment Board in pursuance
of the provisions of Subsection 24. 1 .D 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 Board or arbitration proceedings
hereunder) will be recognized unless agreed
to by the County and the Union or
Association.
24.3 Time Limits. The time limits specified above
may be waived by mutual agreement of the parties to
the grievance. If the County fails to meet the time
limits specified in Steps 1 through 3 above, the
grievance will automatically move to the next step. If
an grievant fails to meet the time .limits specified in
Steps 1 through 5 above, the grievance will be deemed
to have been settled and withdrawn.
24.4 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
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127 -
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 (2) years from the
date upon which the complaint was filed.
No change in this MOU or interpretations thereof
(except interpretations resulting from Adjustment
Board or arbitration proceedings hereunder) will be
recognized unless agreed to by the County and the
Union.
24.5 No Strike. During the term of this MOU, the
Union, its members and representatives, agree that it
and they will not engage in, authorize, sanction, or
support any strike, slowdown, stoppage of work,
sickout, or refuse 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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128 -
duties might cause or aggravate a danger to public
health or safety.
24.6 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 Paragraph C, D and E of
Subsection 24. 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.
24.7 Filing by Union. The Union may file a
grievance at Step 3 on behalf of affected employees
when action by the County Administrator or the Board
of Supervisors violates a provision of this MOU.
24.8 Union Notification. An official with whom a
formal grievance is filed by a grievant who is included
in a unit represented by the Union in the grievance,
shall give the Union a copy of the grievance.
SECTION 25 - BILINGUAL PROVISIONS
25.1 Salary Differential. A salary differential of
fifty dollars ($ 50) per month shall be paid incumbents
of positions requiring bilingual proficiency as
designated by the appointing authority and Director of
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129 -
Personnel, or in the Social Service Department, to
those who translate in accordance with the designated
criteria of one day per week or 20% of the time or
whose caseloads are 25% or more non-English
speaking. Said differential shall be prorated for
employees working less than full time and/or who are
on an unpaid leave of absence for a portion of any
given month. Designation of positions for which
bilingual proficiency is required is the sole prerogative
of the County.
25.2 Spanish Notices of Action. The County shall
implement Spanish Notices of Action.
25.3 Non-English Speaking Caseloads. For those
employees with 25% or more non-English speaking
caseloads their caseload shall be reduced by 10%.
SECTION 26 - RETIREMENT CONTRIBUTION
Pursuant to Government Code Section 31 581 . 1 , the
County will continue to pay fifty (50) percent 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.
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130 -
SECTION 27 - TRAINING REIMBURSEMENT
The Social Service Department shall establish an
annually renewable training reimbursement fund in the
amount of $ 10,000 for the exclusive purpose of reim-
bursing employees covered by this agreement for the
cost of tuition, fees, books, and other employee
expenses incurred in the pursuit of work related edu-
cation, continuing education, or work related graduate
degree. in the Social Service Department said fund
shall replace the career development training reim-
bursement described in the County Administrative
Bulletin on Training. Reimbursement under said fund
will be limited to two hundred dollars ($200) per
semester or one hundred fifty dollars ($ 150) per
quarter, not to exceed six hundred dollars ($600) per
year.
Career development training reimbursement for
employees in the Health Services Department shall
continue to be governed by the County Administrative
Bulletin on Training which limits such reimbursement
to two hundred dollars ($200) per semester or one
hundred fifty dollars ($ 150) per quarter, not to exceed
six hundred dollars ($600) per year.
Those employees entering the Social Casework
Assistant classification by the substitution pattern in
the minimum qualifications shall be entitled to direct
benefit tuition reimbursement under the County
training reimbursement policy. Such employees
requesting a leave of absence or permanent part-time
positions for the purpose of completing a bachelor's
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degree shall be given priority consideration by the
Department.
SECTION 28 - MILEAGE
Effective May 1 , 1992 the mileage allowance for use of
personal vehicles on County business shall be paid
according to the rates allowed by the Internal Revenue
Service (currently $.28 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.
SECTION 29 - RESPITE LEAVE WITHOUT PAY
All employees represented by Local 535 shall be
granted ten (10) days respite leave without pay per
fiscal year. Such leave shall be taken in increments of
one (1 ) full day (eight (8) hours) and shall be requested
in writing. Conflicting requests for respite leave shall
be resolved by the Department Head or designee with
preference given to employees according to their
seniority in the department, as reasonably as possible.
Any balance in the ten (10) days. respite leave which
remains at the end of the fiscal year shall not be
carried over into the next fiscal year.
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SECTION30 - MENTAL HEALTH SCREENING
DIFFERENTIAL
Employees represented by Social Services Union, Local
535 who work in the Mental Health Screening Unit of
County Medical Services shall receive a differential per
hour worked at a premium of five percent (5%) of the
hourly equivalent of the base, rate; provided, however,
that in the event the conditions in Mental Health
Screening are improved so that hazardous conditions
no longer exist, such differential will no longer be
applicable.
SECTION 31 - CONSERVATORSHIP DIFFERENTIAL
The County agrees that any employee in a
classification represented by Local 535 who is
assigned to a position, the work .function of which is in
the Conservatorship Program of the Social Service
Department, and the work assignment of which
requires direct personal working contact on a regular
daily basis with court-remanded clientele of the
Conservatorship Program, as specified in Division 5 ,
Part I, Chapter 3 of the Welfare & Institutions Code,
shall receive a differential per hour worked at a
premium of five percent (5%) of the hourly equivalent
of the base rate while in pay status including paid
vacation, paid sick leave, and paid holidays.
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SECTION 32 - NOTICE OF NEW EMPLOYEES
The County agrees to periodically mail to Social
Services Union, Local 535 a list of names,
classifications, and the designation of permanent
employment category of new employees appointed to
classifications represented by Local 535. Said periodic
list will be mailed within the first five (5) working days
of every month.
SECTION 33 - PERSONNEL ACTIONS
33.1 Personnel Files. .
A. Inspection. Each employee, or an employee's
representative so designated by written
authorization of the employee, shall have the
right to inspect and review the employee's
personnel file upon request at reasonable
times and for reasonable periods during the
regular business hours of the County.
B. Documentation in the personnel file relating
to the investigation of a possible criminal
offense, medical records and information or
letters of reference shall be specifically
excluded from such inspection and review.
C. Preemployment reference material shall be
removed from the personnel file after one (1 )
year of continuous employment with the
County.
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D. Medical records may be released to qualified
medical authorities upon execution of a
written release by the employee and with the
concurrence of the County's medical
authorities.
E. An employee may request copies of other
material contained in the personnel file.
F. The employee shall bear the cost of the
reproduction of copies.
G. The County shall afford the employee the
opportunity to respond in writing to any
information contained in their personnel file.
Such response shall be included in the
employee's personnel file.
H. The Department shall maintain only one
official personnel file.
33.2 Counseling.
A. Whenever an employee's job performance
and/or conduct becomes less than
satisfactory, counseling shall be provided by
the employee's first level supervisor. Such
counseling shall specifically state the
unsatisfactory nature of the employee's
performance and/or conduct and specific
ways in which the employee can bring such
performance and/or conduct up to the
satisfactory level.
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B. Said counseling shall be provided as soon as
possible after the occurrence of the less than
satisfactory performance and/or conduct. No
adverse action shall be taken by the County
against any employee unless such counseling
has been provided and time for improvement
has been given.
C. The employee's first level supervisor shall
prepare written documentation (including any
applicable memos, WIDSI's, etc.) of such
counseling and provide a copy of the
documentation to the employee.
D. The foregoing shall not apply to probationary
employees or in those cases where immediate
disciplinary action is necessary.
E. If, after such a counseling session has
occurred between a supervisor and employee,
the employee requests of the Department
Personnel Officer a meeting with a
Steward/Officer of the Union and Department
representatives, such a meeting shall be held.
This meeting shall be held within fifteen 0 5)
working days.
33.3 Copies.
A. The County shall provide the employee with
copies of all performance evaluation reports
and letters of reprimand or warning or
counseling memos prior to the placement of
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such documents in the employee's
departmental personnel file.
B. A counseling memo placed in an employee's
departmental personnel file which is not
referenced in the employee's subsequent
performance evaluation shall be removed from
the employee's departmental personnel file
upon the written request of the employee. If
an employee is not evaluated when an annual
performance is due, the employee may
request through the Department Personnel
Officer that a performance evaluation be
completed. If an employee has not had a
performance evaluation within eighteen
months subsequent to a counseling memo
being placed in the employee's department
personnel file, the counseling memo shall be
removed from the employee's personnel file,
provided that there has not been a
subsequent counseling memo on the same
subject in that period of time.
C. Upon written request of the employee, copies
of letters of reprimand or warning shall be
sent to the Union.
33.4 Performance Evaluation. The purpose of a
performance evaluation for an employee is to measure
the employee's performance against the job
specifications and performance requirements of the
position that the incumbent is filling. It answers the
questions of how well an employee is doing in meeting
the department's performance standards for this job.
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It satisfies a basic requirement for the employee to
know where she/he stands with the organization in
regard to his/her performance. It delineates areas of
strengths and weaknesses. Where performance is
below standard, it suggests possible ways of making
improvement.
During the probationary period, the performance
evaluation is used as the last phase of' an individual's
examination process. Probationary employees receive
a preliminary evaluation at the end of three months,
and a final evaluation after their fifth month of
probation. An overall rating of STANDARD must be
received on the final probationary evaluation in order
for the employee to achieve permanent status.
Once an employee achieves permanent status, the
employee's performance is evaluated at least once a
year. Additional evaluations may be made between
these required evaluations as necessary. Evaluations
will also be made when an employee or supervisor
terminates, or when an employee or supervisor is
reassigned to another unit and more than four months
have elapsed since the last written evaluation.
In the event a permanent employee receives an overall
rating of BELOW STANDARD, such employee must be
reevaluated within three months following the date of
the report. If the employee shows no significant
improvement at the end of this period, a
recommendation for demotion or dismissal will be
made. However, if at the end of three months,-there
has been improvement but the employee's
performance is still not at a STANDARD level, the
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employee may be given two additional three-month
periods to meet the standards if the supervisor agrees
those standards will be reached during this period.
The work performance of each employee is to be rated
on all of the rating factors, on the appropriate form.
Each of these factors has been found to be of critical
importance in determining successful job performance
for employees.
Individual rating factors and overall ratings of BELOW
STANDARD must be substantiated in the Comments
section, as well as suggestions or plans for improved
performance in those areas.
If some significant aspect of performance is above the
level indicated by the factor rating, this may be
pointed out by a statement in the Comments section
to the employee.
The Rater will discuss the Ireport with the employee
and provide the employee with a copy at that time if
the employee wishes to discuss the report with the
Reviewer. In signing the report, the employee is merely
acknowledging having seen the report; it does not
indicate agreement.
DEFINITIONS OF RATINGS: A factor rating of
STANDARD means that this part of the employee's
work performance is consistently up to the level
expected of a competent worker in the position. An
overall rating of STANDARD means that the emp[oyee's
work performance is acceptable and will result, where
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pertinent, in receipt of salary increment, promotion, or
permanent status.
A factor rating of BELOW STANDARD means that this
part of the employee's work performance is frequently
below the level of a competent worker in the position
and that effort should be made to improve. An overall
rating of BELOW STANDARD means the employee's
work performance is inadequate and may result in the
loss or delay of the salary increment, demotion,
dismissal, or rejection on probation.
APPEAL PROCEDURE: If an employee believes his/her
rating is improper, he/she should discuss it with the
Rater. If still not satisfied, the employee should sign
the report and place an "X" in the space provided by
his/her signature to indicate he/she wishes to discuss
the report with the Reviewer (the Social Service
Division Manager). Within five calendar days after
being given a copy of the Report of Performance
Evaluation, an employee who wishes consideration in
addition to the Rater's evaluation should prepare a
written statement to the Reviewer as follows: 1 )
Identify the report by stating the date of the report,
the name of the Rater, and the date the report was
received; 2) Specify the ratings or comments which
he/she believes are incorrect and should .be changed;
3) Give facts substantiating the requested changes to
these ratings or comments; 4) Keep a copy of the
written request and send the original to the Reviewer.
Upon receiving the written statement, the Reviewer will
have five calendar days to meet with the employee to
consider the employee's comments and to respond in
writing. The Reviewer's response shall be given to the
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employee. A copy of the Reviewer's response along
with the employee's written statement shall be
attached to the Report of Performance Evaluation.
Failure to allow the foregoing procedure is subject to
the grievance procedure. However, disputes over the
actual content or ratings themselves in individual
evaluations are not grievable.
SECTION 34 - SAFETY PROGRAM
Health and safety standards shall be maintained in all
County facilities to a maximum degree consistent with
the conduct of efficient operations.
The Social Service Department shall operate a
department-wide employee health and safety program.
This program shall consist of:
a. A central department Safety Committee
comprised of one (1 ) member appointed by
Local 535 from each major building location,
one (1 ) management employee who shall be
the Building Manager for that location and
other employee organization representatives,
and the Department Personnel Officer, or
designee. The Department Personnel Officer,
or designee, will serve as chairperson. The
committee shall meet every six weeks. In the
event that the appointed person is not
available to chair the meeting on the
scheduled date, an alternative chair will be
appointed by the Personnel Officer or the
meeting will be rescheduled within 3 weeks
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unless mutually waived by the Union and the
Department. Minutes of each meeting shall be
recorded and distributed to each committee
member.
b. All Committee members will receive training
on a) accident/injury reporting procedures, b)
accident/injury investigation and prevention,
c) safety awareness, and d) procedures by
which safety concerns are handled.
C. Committee recommendations shall be
reported to and reviewed by the Department
Head. Responses to such recommendations
shall be communicated to the Safety
Committee at its next regularly scheduled
meeting or some other mutually agreeable
period.
SECTION 35 - FLEXIBLE STAFFING
35. 1 Designated Positions. Certain positions may
be designated by the Personnel Director as flexibly
staffed positions. Positions are generally allocated at
the first level of the job series when vacated. When
the position is next filled and an incumbent of one of
these positions meets the minimum qualifications for
the next higher level and has met appropriate
competitive requirements he/she may then be pro-
moted to the next higher classification within the job
series without need of a classification study.
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The following job classifications are flexibly staffed:
Social Casework Specialist I to Social Casework
Specialist II
Eligibility Worker I to Eligibility Worker II
Eligibility Worker II to (Eligibility Work Specialist
Open examinations at either level in the above
mentioned classifications shall be administered upon
the request of the Department Head and approval of
the Director of Personnel.
35.2 Continuous Testing for Flexibly Staffed
Classes. Employees in a flexible staffed job series
which have been determined by the Director of
Personnel as appropriate for continuous testing may
apply for promotion to the next higher classification
level as follows:
Applicants must file the regular Personnel Department
Application for Examination Form and where
applicable, the appropriate supplemental question-
naire with the Personnel Department. The first Friday
in each month is the filing deadline for any candidate
who meets the minimum qualifications at any time
during that month. The names of accepted applicants
will be placed on the eligible list by the first working
day of the following month. Employees who file
applications must notify their supervisor and their
departmental personnel officer. Nothing contained in
this section shall be construed as making a promotion
automatic or automatically effective on the first of the
month following the filing of an application. It is the
responsibility of the Department that wishes to
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promote employees in flexibly staffed positions to
submit a personnel request (certification request) prior
to the first day of the month in which they wish to
promote the employee. Personnel requests for
promotion of employees 'to become effective on the
first of the month must be in the Personnel
Department by the last working day of the prior
month. It is the employees responsibility to submit
applications for promotion sufficiently in advance to
assure receipt in the Personnel Office by the first
Friday of the month in which they become eligible for
promotion.
If an error occurs in the Personnel Department which
causes a delay in the processing of an application, said
error shall be corrected and the employee shall be
placed on the eligible list retroactively to the first of
the month following his/her eligibility.
If an operating department verifies in writing the
intent to promote an employee on the first of the
month following eligibility, said appointment shall be
made retroactive to the first of the month following
his/her eligibility.
SECTION 36 - CAREER LADDER
The County agrees to the concept of a career ladder
which will enhance the opportunities for employees to
attain positions in other classification series. For this
purpose, the following classes are considered _to be
those classes representing such promotional
opportunities: Eligibility Work Specialist, Social Service
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Program Assistant, Social Casework Assistant.
SECTION 37 - STAFFING ALLOCATIONS AND
WORKLOAD DISTRIBUTION
37.1 Quarterly Review. The Social Service
Department shall review on a quarterly basis the
amount and nature of work in its operating units and
shall initiate reassignments of employees, necessary to
proportion and more closely balance the number of
available employees in each classification with the
anticipated amount and nature of work in operating
units throughout the Department.
37.2 Department/Union Monthly Meeting. There
shall be a meeting between the Social Service
Department and the Union every month to review and
discuss the existing amount and nature of work in
services programs and in categorical aid programs. If
this review shows an imbalance exists in operating
units, the procedures in Section 38 Staffing
Allocations & Reassignment shall be implemented.
37.3 Workload Committee. The expanded
Workload Committee, consisting of designees from all
represented employee organizations in the Social
Service Department, and management staff appointed
by the Director, shall continue through the end of this
current agreement, and may continue thereafter if
mutually agreed by the parties. The process, as
outlined in the 1993 Pilot Agreement, shal_I also
continue, and to facilitate the process and mutual goal
of issue resolution, may be reviewed during this
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wr;
agreement with the Director if so requested by the
Union.
Matters concerning increases or decreases in the
relative level of work assigned to employees covered
by this agreement shall be brought for consideration
to the Workload Committee. The committee will review
the matter at the next scheduled meeting and will
endeavor to reach consensus and make a
determination by its next regularly scheduled meeting.
If the committee is unable to reach a consensus as to
a proposed workload adjustment, the matter will be
referred to the Director for decision. The Union may
then request a special meeting with the Director to be
held within 7 working days of the last workload
meeting in order to directly provide input related to a
workload adjustment. The currently implemented Work
Group Reports shall continue unless modified by
consensus of the Workload Committee.
Upon written request of either party on or after
November 181 1994, this agreement shall be reopened
with respect to Section 37. 3.
37.4 Topics for Discussion. The parties shall
discuss streamlining work and standardizing
procedures and shall consider information regarding
new procedures, forms, job expectations, and other
factors or changes in procedures which may impact on
workloads.
37.5 Meeting Minutes. Summary minutes shall be
kept for each committee meeting and shall be
distributed to all committee members prior to the next
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meeting.
37.6 Referral Issues. Issues may also be referred
by the Committee to the Director or Executive Team.
Responses to such issues shall be communicated to
the Workload Committee within 60 days or some other
mutually agreeable period.
37.7 Workload Streamlining. The Union shall
quarterly identify functions, procedures, and processes
which it believes are unnecessary, and that should be
discontinued as a means of streamlining workload.
If the process is County mandated only, the
Department has 60 days to respond by discontinuing
the process or provide the justification for continuing
it.
If the process is State or Federally mandated, and the
Department considers it feasible that the process be
discontinued, the Department will request appropriate
waivers or provide the justification for continuing it.
Upon receipt of the waivers, the process shall be
discontinued.
37.8 Maintenance of Positions. The Social Service
Department will make all reasonable efforts to keep
filled all budgeted and authorized positions.
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147 -
SECTION 38 - STAFFING ALLOCATIONS AND
REASSIGNMENTS
On the basis of the monthly staffing/workload
distribution review, per Section 37, the Department
shall initiate reassignments of staff.
The following procedure shall be used:
a. Internal moves within a.building shall be made
at the discretion of the Division Head within 5
days following publication and Union receipt
of Department staff and caseload allocations.
In determining moves of employees within an
office, managers will solicit volunteers; if no
volunteers respond, the employee with the
least series seniority within the unit/area
identified will be moved.
b. Authorized staffing levels shall be published
on a monthly basis. After any internal moves
in a building have been made in accordance
with step 1 , further vacant authorized
positions in buildings shall be alternately bid
to the appropriate class in all offices for a
four-day period or certed from the appropriate
Eligible List.
C. Employees responding to bids shall respond
to the Department Personnel Unit, and must
confirm any verbal response in writing; written
confirmation must be received by 5 :00 p.m.
on the day the bid closes for the employee to
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be considered in determining the five (5) most
senior employees in the class.
d. If the Department is at authorized staffing
and there are no responses to the posted bid
notice, the least senior employee within the
class, within the building having staff
overage(s) of at least one (1 ) FTE shall be
reassigned within two weeks of the closing of
the bid. If the Department is below the
authorized staffing level and there are no
responses to the posted bid notice, the
Department will cert from the appropriate
Eligible List.
e. Authorized vacancies resulting from the bid
process shall automatically be certed from an
appropriate eligible list.
f. Persons involuntarily reassigned shall be given
the opportunity to return to their former
building when the first vacancy occurs in the
building from which the employee was
involuntarily transferred provided however, if
an employee voluntarily transfers after such
involuntary transfer that employee shall lose
such reversionary rights.
g. Positions flagged as needing a language skill
or special qualifications shall be identified on
bids. Only employees having such skill or
meeting such qualifications shall be accepted
for bid interviews or for mandatory
A= reassignments as provided in this section.
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149 -
a4t i� 4
h. Specially funded assignments or assignments
of limited duration shall not be subject to
procedures in this Section.
i. Reassignments shall not be used as a
replacement for discipline. Employees on
probation or in an Improvement Needed
Review status shall not be reassigned. An
employee who is reassigned out-of-seniority-
order shall be offered the first vacancy to be
filled in the class and building from which the
employee was mandatorily reassigned. At the
next quarterly staffing review an employee
mandatorily reassigned out-of-seniority-order
shall be given first opportunity for
reassignment as provided in 37.2 or 37. 3
whichever is applicable; or if no staffing
imbalances exist, the most senior employee
shall be offered the opportunity to exchange
positions provided the least senior employee
is no longer on probation or Improvement
Needed Review status.
j. In each classification, series seniority for
reassignment purposes shall be determined
by date of hire into that series as defined
below:
Eligibility Series: Eligibility Worker I, Eligibility
Worker II, Eligibility Work Specialist.
Social Work Series: Social Program Assistant,
Social Worker II, Social Worker III, Vocational
Counselor {classes which have been
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abandoned but were a part of the Social
Worker or Vocational Counselor series shall be
included for the purpose of determining series
seniority).
Casework Specialist Series: Social Casework
Assistant, Social Casework Specialist I, Social
Casework Specialist II.
SECTION 39 - 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 by his/her
Department Head to attend a meeting
concerning County business or County affairs.
b. 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.
C. When the employee is required to stay over to
attend consecutive or continuing afternoon
and night sessions of a board or commission.
d. When the employee is required to incur
expenses as host for official guests of the
County, work as members of examining
boards, official visitors, and speakers or
honored guests at banquets or other official
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functions.
e. When the employee is required to work three
or more hours of overtime; in this case he or
she may be reimbursed in accordance with
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 twenty-four (24) hour institutions.
Procedures and definitions relative to reimbursement
for meal expenses shall be in accordance with the
Administrative Bulletin on Expense Reimbursement.
SECTION 40 - 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
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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
adequately fulfill the duties and requirements
of the job.
g. The loss or damage to employees eyeglasses,
dentures, or other prosthetic devices did not
occur simultaneously with a job connected
injury covered by workers' compensation.
h. The amount of reimbursement shall be limited
to the actual cost to repair damages.
Reimbursement for items damaged beyond
repair shall be limited to the actual value of
the item at the time of loss or damage but not
more than the original cost.
i. The burden of proof of loss rests with the
employee.
j. Claims for reimbursement must be processed
in accordance with the Administrative Bulletin
on Compensation for Loss or Damage to
Personal Property.
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SECTION 41 - LENGTH OF .SERVICE DEFINITION (for
service awards and vacation accruals)
The length of service credits of each employee of the
County shall date from the beginning of the Fast period
of continuous County employment (including
temporary, provisional, and permanent status, and
absences on approved leave of absence). When an
employee separates from a permanent position in
good standing and within two 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 Personnel
Director shall determine these matters based on the
employee status records in his/her department.
SECTION 42 - 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.
The following procedures shall apply with respect to
service awards:
A. Twenty Years and Longer Periods of Service.
An award ceremony will be scheduled before
the Board of Supervisors each month.
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154 -
1 . The Personnel Department will make
arrangements for the presentation
ceremony before the Board of
Supervisors. Each Department Head and
employee scheduled for an award will be
notified as to the time and date of the
ceremony.
2. Service awards will be supplied to the
Department Head by the Personnel
Department staff prior to the ceremony.
3 . When the employee does not appear for
the ceremony the award will be returned
to the Personnel Department and the
employee will be contacted and it will be
ascertained if he/she desires to be
rescheduled. In the event he or she does
not desire to attend a later ceremony, the
Personnel Department will forward the
award directly to the employee.
B. Ten and Fifteen Year Service Pin Awards.
1 . The Personnel Department will notify the
Department Head when an employee has
qualified to receive a ten or fifteen year
service pin. The service award pin will be
enclosed with the notification.
2 . The Personnel Department will notify each
employee eligible for an award that
his/her Department Head is making
arrangements for the presentation of the
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award.
3 . The award ceremony will be conducted at
the department level with the Department
Head making the award. To give the
award ceremony meaning, it is suggested
that the department head present pins in
his/her office or conference room with
immediate supervisors and fellow workers
in attendance.
4. After presenting the award, the
Department Head will notify the Personnel
Department by returning to the Personnel
Department the names and dates of
presentation.
5 . The Personnel Department will record
each award.
C. Service Award Day Off. Employees with
fifteen year (or longer) service award
ceremony are entitled to take that day off with
pay.
SECTION 43 - 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
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156 -
works at least fifty (50) percent of full time, County
retirement participation is also included.
SECTION 44 - P-1 EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for
prorated vacation and sick leave benefits.
SECTION 45 - P-I EMPLOYEE HEALTH PLAN
A permanent-intermittent employee may participate in
the County Group Health Plan Program wholly at the
employee's expense. 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 46 - 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. Said provisional employees may
participate in the County Group Health Plan Program
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
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157 -
the premium deadline will mean automatic and
immediate withdrawal from the County Group Health
Plan Program and reinstatement may only be
effectuated during the annual open enrollment period.
SECTION 47 - INDEMNIFICATION AND DEFENSE OF
COUNTY EMPLOYEES
The County shall defend and indemnify an employee
against any claim or action against the employee on
ac.count of an act or omission in the scope of the
employee's employment with the County in accordance
with, and subject to, the provisions of California
Government Code Sections 825 et seq and 995 et seq.
SECTION 48 - MODIFICATION & DECERTIFICATION
For the duration of this MOU the following
amendments to Board Resolution 81 /1 165 shall apply:
Section 34-12 .008 - Unit Determination (a) shall be
modified in the first paragraph to delete the ten (10)
percent requirement for an employee organization
intervening in the unit determination process and
substitute therefore a thirty (30) percent requirement.
Section 34-12 .013 - Election Procedure (b) shall be
modified in the first paragraph to delete the ten (10)
percent requirement for any recognized employee
organization(s) to appear on the ballot and substitute
therefore a thirty (30) percent requirement.
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Section 34-12.016 - Modification of Representation
Units shall be modified in the first sentence by adding
words to the effect of "most recent" to the date of
determination-. This section shall be modified in the
second sentence to require that petitions for
modification of a representation unit be filed during a
period of not more than one hundred and fifty (150)
days nor less than one hundred and twenty (120) days
prior to the expiration of the MOU in effect. The last
sentence of this section shall be modified so that
modification of a representation unit shall not negate
the term of an existing MOU between the County and
the recognized employee organization of the unit prior
to the modification proceedings.
Section 34-12.018 - Decertification Procedure shall be
modified in the first sentence by adding words to the
effect of "most recent" to the date of formal
recognition and by requiring the petition be submitted
during a period of not more than one hundred and
fifty (150) days nor less than one hundred and twenty
(120) days prior to the expiration of the MOU in effect.
SECTION 49 - UNFAIR LABOR PRACTICE
49. 1 Filing. Either the County or the Union may file
an unfair labor practice 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.
49.2 Unfair Labor Practice - Counter. It is an unfair
labor practice for the County to:
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a. Interfere with, restrain or coerce employees in
the exercise of the rights recognized or
granted in this division;
b. dominate or interfere with the formation of
any employee organization or interfere with
selection of a majority representative;
C. contribute financial support to any employee
organization; or
d. refuse to meet and confer in good faith (with
representatives of formally organized
employee organizations on matters within the
scope of representation), or to refuse to
consult with informally recognized employee
organizations on matters within the scope of
representation.
49.3 Unfair Labor Practice - Union. It is an unfair
labor practice for the Union or their representatives or
members to:
a. Interfere with, restrain or coerce employees in
the exercise of the rights recognized or
granted in this division ;
b. coerce, attempt to coerce or discipline any
member of an organization so as to hinder or
impede the performance of his duties;
C. discriminate against any employee with regard
to the terms or conditions of membership
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because of race, color, creed, sex or national
origin;
d. refuse to consult, or meet and confer in good
faith, with management representatives on
matters within the scope of representation; or
e. initiate, engage in, cause, instigate, encourage
or condone a work stoppage of any kind or
other disruptive activities which are
detrimental to the conduct of county business
and services.
SECTION 50 - REPRESENTATION OF TEMPORARY
EMPLOYEES
50.1 Recognition. Social Services Union, Local 535
is the formally recognized employee organization for
temporary employees, not including emergency
appointments and retiree temporary appointments,
who are employed by Contra Costa County in those
classifications covered by the MOU between Social
Services Union, Local 535 and Contra Costa County.
50.2 Emergency Appointments. 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 MOU.
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50.3 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
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 cir-
cumstances 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
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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
b. pay a sum equal to the agency shop
fee 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 payor covered
by this MOU within one month from the date
it is approved and annually thereafter, and as
a condition to any change in the agency shop
fee. Failure by a . fee payor to invoke the
Union's Hudson Procedure within one month
after actual notice of the Hudson Procedure
shall be a waiver by the employee of their
right to contest the amount of the agency
shop fee.
50.4 Agency Shop Deductions.
A. Temporary employees hired into a job class
represented by Social Services Union, Local
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535 shall be provided through the County
Personnel Department with an Employee
Authorization For Payroll Deduction card.
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 of this Letter of Understanding are not
received, the Union may in writing 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 judgments,
or other forms of liability that arise out of or
by reason of this Agency Shop Section, or
action taken or not taken by the County under
this Section. This includes, but is not limited
to, the County's attorney fees and costs. The
provisions of this section shall not be subject
to the grievance procedure.
D. The authorization of payroll deductions
requires the employee to agree 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
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164 -
deduction made from the wages of such
employee.
50.5 Salary.
A. Temporary Hourly Rates. For all classifications
represented by the Union, 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
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.
50.6 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 resolutions, in the
salary range for the classification.
Advancement to a higher step shall be
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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
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 will be eligible for a salary review
after completion of 1040 straight time hours
worked; additional salary reviews will be after
the cumulation of an additional 2080 straight
time hours.
E. No provision of this section shall be construed
to make the granting of salary increments
mandatory in the County.
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50.7 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 the first of the month
following completion of each 2080 straight
time hours worked, the temporary employee
shall be credited with forty (40) hours of paid
time off. Forty (40) hours paid time off credit
is the maximum amount an employee may
have at any time.
C. Use. Paid time off (PTO) shall not be taken
until credited after completion of 2080
straight time hours worked. 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.
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167 -
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, shall be converted to Vacation hours
and subject to the MOU provision relating to
vacation.
50.8 Provisional Employees. Social Services Union,
Local 535 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. Provisional employees are
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.
50.9 Grievance Procedure. Temporary and
provisional employees covered by this Section may
grieve only alleged violations of the specific terms and
conditions specified in Section 50.
SECTION 51 DEPENDENT CARE
A. Dependent Care Information & Referral Service
The county will administer an "Information &
Referral Service" through the Contra Costa
Child Care Council for the duration of this
MOU.
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B. Dependent Care Salary Contribution
Effective the first pay period in August 1988,
subject to the applicable provisions of the
Internal Revenue Service, employees may
contribute up to $ 5 ,000 each calendar year
from their salaries for approved dependent
care; only eligible employees may contribute
for such expenses; there is no County
contribution for dependent care.
Reimbursements are made on a monthly basis
subject to submission of itemized statements,
adequate accumulation of the salary
contribution, proof of payment, and applicable
County administrative procedures.
SECTION 52 - SPECIAL STUDIES & OTHER ACTIONS
52.1 Special Studies
A. Retirement Studies
During the life of this MOU the County agrees
to participate in a joint labor-management
committee whose specific objective will be to
identify and evaluate any feasible methods of
lessening or eliminating the difference in
benefit levels between the Tier I and Tier II
Retirement plans. This committee will make
use of the resources and advice of the County
Retirement Office and its staff and will report
its findings and recommendations to the
County Administrator.
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169 -
B. Ineligible Deferred Compensation Study.
The County will conduct a feasibility study
during the term of this MOU to ascertain the
advantages and/or disadvantages to County
employees of providing an ineligible deferred
compensation as described in Section 457(f)
of the Internal Revenue Code of 1986.
C. MFCC and LCSW Licensing Study.
The parties agree that it is in the best interest
of the employees of the County to facilitate
the obtaining of MFCC and LCSW licenses by
Social Workers in the Social Service
Department and agree that a system to
provide the necessary supervision will be
implemented if possible.
To this end, the parties agree to the formation
of a Task Force to study the methods whereby
such supervision could be provided.
The Task Force shall consist of two
representatives from each of the 535
Chapters and four representatives of the
Department. The Task Force shall begin its
deliberations within thirty (3) days of the
signing of this Agreement and shall issue a
report within ninety (90) days.
170 -
52.2 Other Actions.
A. Purchase of Mobile Telephones.
Within 30 days following signing of a new
agreement, the Social Service Department
shall request through the County Purchasing
Office that no less than six mobile phones be
purchased. The Department shall attempt to
ensure that the optimum technology available
shall be purchased.
B. Career Ladders.
Within 3 months after the signing of a new
agreement, the Social Service Department will
convene a committee on career ladders to
discuss current issues, concerns, and possible
solutions. The committee will include
management and Local 535 representatives,
and as needed, interested participants from
other areas of the Department. The committee
will seek to accomplish its tasks within nine
months.
52.3 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.
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52.4 Attendance Program. There shall be convened
a Labor-Management Committee to develop an
attendance program for County employees.
52.5 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 - ADOPTION
The provisions of this MOU shall be made applicable
on the dates indicated and upon approval by the Board
of Supervisors. Resolutions and Ordinances, where
necessary, shall be prepared and adopted in order to
implement these provisions. It is understood that
where it is determined that an Ordinance is required to
implement any of the foregoing provisions, said
provisions shall become effective upon the first day of
the month following thirty (30) days after such
Ordinance is adopted.
SECTION 54 - SCOPE OF AGREEMENT AND
SEPARABILITY OF PROVISIONS
54. 1 Scope of Agreement. Except as otherwise
specifically provided herein, this MOU fully and
completely incorporates the understanding of the
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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.
54.2 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.
54.3 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 and as such remain in full force
and effect.
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DATE:
CONTRA COSTA COUNTY SEIU, LOCAL 535
RANK & FILE UNIT
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