HomeMy WebLinkAboutMINUTES - 04262005 - HA2 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Robert McEwan, Executive Director
DATE: April 26, 2005
SUBJECT: APPROVE MEMORANDUM OF UNDERSTANDING WITH LOCAL ONE AND ESTABLISH
SALARY LEVELS AND BENEFITS FOR EXEMPT AND NON-EXEMPT EMPLOYEES FOR
THE PERIOD NOVEMBER 1, 2004 THROUGH DECEMBER 31, 2006
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
ADOPT Resolution No. 5062 approving the Memorandum of Understanding with Public Employees
Union Local 1 (attached), establishing the salary and benefit levels and other employment terms for
Housing Authority Clerical and Maintenance employees represented by Local 1 for the period November
if 2004 through December 31, 2006, and
ADOPT Resolution No. 5063 establishing comparable benefit and salary modifications for
unrepresented and exempt employees of the Housing Authority of the County of Contra Costa for the
period January 1, 2006 through December 31, 2006, and
AUTHORIZE the Executive Director to execute the Memorandum of Understanding with the Public
Employees Union Local 1 on behalf of the Housing Authority.
11. FINANCIAL IMPACT:
The Housing Authority budget for April 1, 2005 through March 31, 2006 provides for the changes
in the economic terms of the proposed MOU. No County General Funds are required.
Ill. REASONS FOR RECOMMENDATION/BACKGROUND
Negotiations with Public Service Employee's Local 1 have resulted in a tentative agreement for a
26 month MOU for the period November 1, 2004 through December 31, 2006. During the first 14 months
of the contract, the new MOU provides for a zero percent (0%) cost of living increase, increases in
employer combined contribution to medical and dental benefits, and a reduction in the amount of workers
compensation benefits. For the twelve month period starting January 1, 2006 the MOU provides for a
Cost of Living increase of 1.5% and an increase in employer combined contribution to medical and dental
benefits.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON c APPROVED AS RECOMMENDED V 0 R
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
V' UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
Public Comment: COMMISSIONERS ON THE DATE SHOWN.
Rollie Katz, Business Agent, Local 1 A*%
Supervisor Glover moved approval requesting ATTESTED-0—
a letter from Rollie Katz, re-stating the position #-JOHN SWEETEN,,CLERK OF
Mr. Katz presented during public comment, to be THE BOARD OF COMMISSIONERS
received by the Board of Supervisors within one AND COUNTY ADMINISTRATOR
week. The motion was approved 6-0.
SEE ATTACHMENT
B DEPUTY
H:\JudyHayes\MSOFFICE\WINWORD\BOARD\BO-Contract Local 1 Nov 04-DecO6.doc
The major changes to the non-economic terms of the agreement are:
• Modification to the existing 9/80 Work Schedule Plan. Effective the first full pay period one month
following the adoption of this agreement, all employees will have the same weekly schedule with
offices closed and all employees scheduled to be off on the same alternate Friday.
• Formalized a modified work/limited duty program.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to adopt these actions, both the unrepresented and
exempt classes and the clerical and maintenance employees represented by the Public Employees Union,
Local # 1 would be denied benefit and wage enhancements negotiated in good faith. Additionally, the
Housing Authority would be legally obligated to immediately enter into new negotiations with Local # 1.
H:\JudyHayes\MSOFFICE\WINWORD\BOARD\BO-Contract Local 1 Nov 04-Dec06.doc
THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE COUNTY OF CONTRA COSTA
RESOLUTION NO. 5062
APPROVAL OF THE MEMORANDUM OF
UNDERSTANDING PUBLIC EMPLOYEES UNION, LOCAL#
1 CLERICAL AND MAINTENANCE
WHEREAS, the Executive Director of the Housing Authority
of the County of Contra Costa has submitted a
Memorandum of Understanding to be entered into
with Public Employees Union, Local # 1 and the
clerical and maintenance employees of the Housing
Authority of the County of Contra costa, units
represented by Local# 1; and,
WHEREAS, the Memorandum of Understanding outlines
compensation for the clerical and maintenance
employees of the Housing Authority of the County of
Contra Costa, a unit represented by Local # 1, during
the term of the Memorandum of Understanding; and,
NOW, THEREFORE BE IT RESOLVED that the
Memorandum of Understanding referred to above,
having been fully considered, is APPROVED and is
hereby made applicable to the clerical and
maintenance employees of the Housing Authority of
the County of Contra Costa effective November 1,
2004 through December 31, 2006.
PASSED AND ADOPTED ON April 26, 2005 b
the following vote of the Commissioners.
AYES: GIOIA, UILKEMA, PIEPHO, DESAULNIER, GLOVER
NOES: NONE
ABSENT:
ABSTAIN:
I HEREBY CERTIFY THAT THIS IS A
TRUE AND CORRECT COPY OF AN
ACTION TAKEN AND ENTERED ON THE
MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ATTESTED D+�
JOHN SWEETEN, CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY
coNgres
a
THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE COUNTY OF CONTRA COSTA
RESOLUTION NO. 5063
ESTABLISHING SALARY AND BENEFIT LEVELS FOR
UNREPRESENTED AND EXEMPT EMPLOYEES FOR THE
PERIOD NOVEMBER 1, 2004 THROUGH DECEMBER 31,
2006
The Board of Commissioners of the Housing Authority of the
County of Contra Costa RESOLVES THAT:
All unrepresented and exempt classes be granted an
increase in employer contribution for medical benefits and
salary comparable to those specified in the Memorandum of
Understanding with Public Employees Local #1 for the Period
November 1, 2004 through December 31, 2006.
PASSED AND ADOPTED ON April,26, 2005 by
the following vote of the Commissioners.
AYES: GIOIA, UILKEMA, PIEPHO, DESAULNIER, GLOVER
NOES: NONE
ABSENT:
ABSTAIN:
I HEREBY CERTIFY THAT THIS IS A
TRUE AND CORRECT COPY OF AN
ACTION TAKEN AND ENTERED ON THE
MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ATTESTED
JOHN SWEETEN, CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY
colvgres
05-03-'05 16:13 FROM- T-973 P02/02 U-315
s 'U Local One
l*c Employee nion,
THE UNION FOR PUBLIC EMPLOYEES
ORGANIZED 1"I
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Mailing Address: PO Box 678) Concord, CA 945M24-1783 Union Flii,11. 5034 Blum Ro d, Martinez
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18(925) 2 1 099
(92 5)22 58'-0054 * Fax-
Phone 8-1600 * Toll Free: -800-
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WWW.PeLl Org 0 1nfo(Z:i)peu Loro
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May 2, 2005
Board of Supervisors
Contra Costa County
651 Pine St.
Martinez, CA 94553
Re: Memorandum of Understanding between Contra Costa County Housing Authority
and Public Employees Union Local #1
Dear Chair Uilkema and Members:
I am Vm"ting to confirm my public statement to you at your Tuesday,,April 26,2005
meeting regarding the Memorandum of Understanding("MoU") between the Contra
Costa County Housing Authority (""Housing Authority") and Public Employees Union
Local#I ("Local #V')The MoU is between the Housing Authority and Local 4 1. Contra
Costa County is not a party to the MoU, The MoU does not bind Contra Costa County
and/or Local #1,does not establish any terms of the MoU between Local#I and the
County that will succeed our current MoU and does not establish any precedent for our
upcoming negotiations.
Sinc, iY,
and Katz, ....
ising Business Agent
c Lori Kerns, General President
Chuck Egbert, General Manager
Dave Rieman, President Housing Authority Maintenance Unit
Kathy Kyle, President, Housing Authority Clerical Unit
Carroll Phillips, County Leadership Chair
Sandra Harnaineh,Business Agent
John Sweeten, County Administrator
Robert McEwan, Housing Authority Executive Director
April Madison Rarnsey, Labor Relations Manager
Keith Fleming, IEDA
Diane Doughtie, IEDA
1,o S
Section 3. Union Securily
3.1 Local #1 agrees that it has a duty to provide fair and non-discriminatory
representation to all employees in all classes in the unit for which this section is
applicable regardless of whether they are members of Local #1.
3.2 All employees employed in a representation unit shall as a. condition of
employment either:
1) Become and remain a member of Local #1; or
2) Pay to Local #1 an agency shop fee in an amount which does not exceed
an amount which may be lawfully collected under applicable constitutional,
statutory and case law, which under no circumstances shall exceed the monthly
dues, initiation fees and general assessments made during the duration of this
Memorandum of Understanding. It shall be the sole responsibility of Local #1 to
determine an agency shop fee which meets the above criteria; or
3) Do both of the following:
a. Execute a written declaration that the employee is a member of a
bona fide religion, body, or sect which has historically had a
conscientious objection to joining or financially supporting any
public employee organization as a condition of employment; and
b. Pay a sum equal to the agency shop fee described in Section 3.2.2
to a non-religious, non-labor charitable fund chosen by the
employee from the following charities: Family and Children's Trust
Fund, Child Abuse Prevention Council, and Battered Women's
Alternative.
4) Local #1 shall provide the Housing Authority with a copy of Local #1's
"Hudson Procedure" for the determination and protest of its agency shop fees.
The Housing Authority shall provide a copy of Local #1's "Hudson Procedure" to
every employee hired into a class represented by Local #1 after the effective
date of this Memorandum of Understanding. Local #1 shall provide a copy of
said "Hudson Procedure" to every fee payer covered by this Memorandum of
Understanding annually, and also as a condition to any change in the agency
shop fee. Failure by an employee to invoke Local #1's Hudson Procedure within
one (1) month after actual notice of the Hudson Procedure shall be a waiver by
the employee of his/her right to contest the amount of the agency shop fee.
5) Local #1 shall provide the Housing Authority with copies of a financial
report patterned after Form LM-2 pursuant to the Labor Management Disclosure
Act of 1959. Such report shall be available to the employees in the unit. Failure
to file such a report not later than June 1 of each calendar year (or by mutual
agreement, the filing period may be extended an additional one hundred twenty
(120) days) shall result in the termination of all agency fee deductions without
jeopardy to any employee, until said report is filed.
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6) Compliance
a. An employee employed in or hired into a job class represented by
Local #1 shall be provided with an "Employee Authorization for
Payroll Deduction" card by the Housing Authority.
b. If the form authorizing payroll deduction is not returned within thirty
(30) calendar days after notice of this agency shop fee provision
and Local #1's "Hudson Procedure," and the Local #1 dues, agency
shop fee, initiation fee or charitable contribution required under
Section 3.2.3 are not received, and the employee has not timely
invoked Local #1's "Hudson Procedure," or if invoked, the
employee's "Hudson Procedure" rights have been exhausted, Local
#1 may, in writing, direct that the Housing Authority withhold the
agency shop fee and the initiation fee from the employee's salary,
in which case the employee's monthly salary shall be reduced by
an amount equal to the agency shop fee and the Housing Authority
shall remit said amount to Local #1.
7) Local #1 shall indemnify, defend, and save the Housing Authority
harmless against any and all claims, demands, suits, orders or judgments, or
other forms of liability that arise out of or by reason of this Local #1 security
section, or action taken or not taken by the Housing Authority under this Section.
This includes, but is not limited to, the Housing Authority's Attorneys' fees and
costs. The provisions of this subsection shall not be subject to the grievance
procedure.
8) The Housing Authority shall monthly furnish a list of all new hires within
the bargaining unit to Local #1.
9) In the event that employees in a bargaining unit represented by Local #1
vote to rescind "Agency Shop", the provisions of Sections 3.3 and 3.4 shall apply
to dues-paying members of Local #1.
3.3 Maintenance of Membership
All employees represented by Local #1 who are currently paying dues to Local
#1 and all employees in that unit who hereafter become members of Local #1
shall as a condition of continued employment pay dues to Local #1 for the
duration of this Memorandum of Understanding and each year thereafter so long
as Local #1 continues to represent the class to which the employee is assigned.
3.4 Withdrawal of Membership
By notifying the Housing Authority in writing between September 30, 2006 and
October 31, 2006 any employee assigned to a classification represented by
Local #1 may discontinue paying membership dues as of the payroll period
commencing November 1, 2006 and in lieu of such dues, shall pay fees in
accordance with Section 3.2 above.
3
Section 4. Discrimination/ Harassment/Americans with Disabilities Act (ADA)
4.1 There shall be no discrimination because of race, creed, color, national origin,
sex or Local #1 activities against any employee of the Employer or by anyone
employed by the Authority; and to the extent prohibited by applicable state and
federal law there shall be no discrimination because of age. There shall be no
discrimination against any handicapped person solely because of such handicap
unless that handicap prevents the person from meeting the minimum standards
established for the position.
The Employer and the Union recognize that the Authority has an obligation to
reasonably accommodate disabled employees. If by reason of the aforesaid
requirement the Authority contemplates actions to provide reasonable
accommodation to an individual employee in compliance with the ADA which are
in conflict with any provision of this Agreement, the Union will be advised of such
proposed accommodation. Upon request, the Authority will meet and confer with
the Union on the impact of such accommodation.
If the Authority and the Union do not reach agreement, the Authority may
implement the accommodation if required by law without further negotiations.
Nothing in this MOU shall preclude the Authority from taking actions necessary to
comply with the requirements of ADA.
4.2 Local #1 and the Authority agree to cooperate in pursuing the Authority's policy
and plan of affirmative action as required and approved by HUD.
4.3 The Authority does not tolerate harassment of employees at the workplace or in
any work-related situation.
Harassment is any treatment of an employee which 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 work environment. Such conduct includes but is not limited to unwelcome
sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature; arbitrary or capricious changes of assignments, or
display of a hostile attitude toward an employee by another employee or by a
supervisor which is not justified or necessary in the proper supervision of the
work of the employee.
All employees are required to comply with this policy. Should any employee
learn of or be advised of a possible infraction of this policy, he/she should
immediately report the incident to the Affirmative Action Officer.
An employee who witnesses or feels that he or she has been the object of
harassment should notify his or her supervisor or the Affirmative Action Officer.
The Authority will investigate all reports of harassment and will take appropriate
remedial action. The Authority considers harassment a serious offense, and any
employee who is reasonably believed to have violated this policy may be subject
to discipline, up to and including termination.
4
Section 5. No Strike and No Lockout Guarantee
5.1 No Strike
Local #1 and its officials will not, directly or indirectly, take part in any action or
strike against the operation of the Authority during the term of this Memorandum
of Understanding.
5.2 No Lockout
The Authority shall not conduct a lockout of its employees during the term of this
Memorandum of Understanding.
5.3 In the event an unauthorized work stoppage occurs, Local #1 shall, as soon as
possible and after written notification by the Authority, post notice at the facilities
that such action is unauthorized and promptly take steps to return its members to
work.
Section 6. Union Representation
6.1 The Employer recognizes and agrees to deal with the accredited Union Stewards
and Representatives of Local #1 in all matters relating to grievances and the
interpretation of this Memorandum of Understanding.
6.2 Shop Stewards
Local #1 may designate three (3) Shop Stewards for each unit. A Steward shall
be allowed reasonable time to investigate a specified grievance, provided it is in
his/her assigned work_ area, to attend meetings with management
representatives, to be present at hearings where matters within the scope of
representation are being considered and at such other times as may be
authorized by the Authority. Such authorization is subject to prior notification and
approval of the immediate supervisor. Supervisors shall not deny Stewards a
reasonable time except under extraordinary circumstances and in no case shall
denial be arbitrary or capricious.
6.3 Union Access
Local #1 representatives shall have access to all employees in the unit on an
individual basis during working hours. Representatives of Local #1 shall be
permitted to enter the premises of the Employer in which Local #1 has members
at any time during regular working hours to conduct business pertaining to the
scope of representation without interference with or interruption of the work effort.
6.4 The Employer agrees that upon appropriate request from Local #1 designating
the employee(s) and the date(s), the Employer will grant up to a maximum of
three (3) days' authorized leave with pay annually for the represented unit as a
whole. At least two (2) weeks' notice shall be given by Local #1 and work
schedules must not be unduly interrupted.
6.5 Use of In-House Mailing
Employees designated as Shop Stewards or official representatives of Local #1
5
shall be granted the use of the Employer's in-house mailing for Local #1
business.
6.6 Bulletin Boards
The employer shall provide Local #1 with space on bulletin boards in areas
where Local 1 has employees it represents for the purpose of posting
non-controversial Local #1 notices. Such notices may be posted by the Steward,
although not limited to the following notices, they may include:
1) Recreational and social events of Local #1
2) Local #1 meetings
3) Local #1 elections, appointments
4) Results of Local #1 elections
5) Other matters relating to the scope of representation
In the event a dispute arises concerning the appropriateness of material posted,
the Business Representative of Local #1 will be advised by the Executive
Director of the nature of the dispute and the notices will be removed from the
bulletin boards until the dispute is resolved.
Section 7. Seniority
7.1 Defined
Seniority is defined as the permanent date of hire and/or authorized absence as
provided for in this Memorandum of Understanding. Seniority shall not accrue
during periods of leave without pay after an absence of six (6) months.
Employees hired prior to the date of this Memorandum of Understanding shall
retain the seniority date of record on the date of this Memorandum of
Understanding.
7.2 Probation Period
All new employees hired after the Agreement is adopted, shall serve a nine (9)
month probationary period. The probationary period shall commence on the date
of hire and conclude exactly nine (9) months later. If this date occurs on a
Saturday or Sunday, the probation period shall end on the preceding Friday.
7.3 Release from Initial Probation
The employee may be released from employment at any time during the initial
probationary period without advance notice and without right of appeal or
hearing. All newly hired probationary employees shall receive written
performance evaluations at the end of the first three (3) months of employment,
at the end of six (6) months and after the first nine (9) months of employment. If
either of the first two (2) evaluations shows less than satisfactory performance,
the rater shall comment in writing on those specific matters raised. The rater
shall inform the employee in writing what improvements should be made to reach
a satisfactory level of performance in order to insure permanent status.
6
7.4 Release from Promotional Probation
An employee promoting to a higher paying classification within the bargaining
unit shall serve a probation period of six (6) months. Promotional probationary
employees shall be formally evaluated at three (3) months and at six (6) months.
Employees may be released from promotional probation without notice and
without right of appeal but shall be returned to the position and step formerly
held. Any employee who promotes and while on probation is terminated for
cause, shall be entitled to notice and appeal as provided in this Agreement.
During the probation period, the employee will be evaluated in accordance with
Section 31. Evaluation.
7.5 Probationary employees shall be granted access to the grievance procedures
except for probationary releases.
7.6 Any employee who has been on temporary status, including temporary time
worked at the HACCC while on the payroll of an outside agency, and is then
appointed to permanent status into same class shall be given credit for time
served towards their probationary period up to a maximum of six (6) months of
the nine (9) month probationary period, but shall receive all employee benefits
effective the date of the permanent appointment.
7.8 Employees transferred or promoted to other positions within the Authority, but
outside the jurisdiction of this Memorandum of Understanding, will retain, but not
accrue, their seniority in the event of subsequent transfer back to a position
covered by this Memorandum of Understanding. If the transfer or assigned work
out of class is temporary in nature, the employee will continue to accrue seniority
in his/her regular/permanent position.
7.9 The Authority shall prepare and maintain a seniority list which shall show the
names, classification title, seniority unit, and seniority date of hire of all
employees excluding management. Local #1 shall be given two (2) copies of the
list within thirty (30) calendar days after the date of this Memorandum of
Understanding, and thereafter a current list upon request.
A copy of this seniority unit list, including the same information, shall be posted
on each employee bulletin board. This list shall be available for inspection by the
employee and his/her Steward.
In the event that two (2) or more employees have the same seniority date (hire
date) and an incident arises which requires a seniority decision affecting those
employees, the respective seniority of such employees shall be determined on
an incident by incident basis.
For each incident, the names of affected employees will be placed in a lot, from
which one name will be drawn by management in the presence of affected
employees. The affected employee whose name is drawn will be deemed to
have seniority rights over the other affected employees for this incident only, and
any remaining ties shall be resolved by repeating the process.
7
7.10 The Authority may determine the required qualifications of employees for the
purpose of promotions, demotions, employment of new employees and in the
staffing of new projects or offices. In determining the employee's qualifications to
meet the requirements, the Authority will take into consideration:
a) The employee's knowledge of the duties to be performed and the
equipment to be used,
b) The employee's performance in his/her current assignment or
employment,
c) His/Her training, ability and experience, if any, in similar lines of work.
7.11 Loss of Seniority
Employees shall lose their seniority for the following reasons:
a) Discharge for just cause.
b) Resignation.
c) Failure to return to work when called from layoff, upon receipt of Certified
U. S. Mail mailed to the employee's last known address, and recalled
employee shall have ten (10) days to respond after mailing of notice.
d) Failure to return to work after expiration of a formal leave of absence
e) Retirement.
f) Layoff for a continuous period of one (1) year or term of employment,
whichever is longer.
g) Constructive Resignation.
Section 8. Layoff
8.1 Permanent employee unit members affected by layoff shall be given no less than
thirty (30) calendar days written notice of such action.
8.2 When one (1) or more employees performing in the same classification are to be
laid off for lack of work, reorganization, or lack of funds, the order of layoff shall
be as follows:
1) All temporary employees;
2) All Project (Development) Positions performing bargaining unit work;
3) All probationary employees;
4) All permanent employees in the inverse order of their seniority;
5) Employees affected in (4) above will be allowed to accept demotion to a
lower classification if they have previously held that lower classification for
a period of at least six (6) months, or can meet the qualifications for the
entry level position in any seniority unit, and have seniority over an
incumbent in that position or the position is vacant.
8.3 Employees "bumped" by the foregoing will, for purposes of this Section, be
8
treated as notified of layoff and the same rights will apply.
The employee may continue to bump into successive lower classes in which
he/she has served and for which he/she is qualified to avoid layoff.
Employees accepting demotion to a classification paid at a lower salary range
will have their salaries adjusted so that they occupy the same step in the new
lower range as they did in their previous range.
An employee may elect to be laid off in lieu of bumping. Accepting such layoff
does not affect the employee's reemployment rights under this Memorandum of
Understanding.
Seniority for permanent part-time employees shall be determined by converting
the employee's total hours to a full-time equivalency.
An employee may elect to job share in lieu of layoff. Local #1 and the Employer
will meet and confer in regard to implementing a job-sharing program.
Employees "bumped" and/or demoted as a result of a reorganization not
associated with lack of work or lack of funds situation shall maintain his/her
present salary and shall not receive any additional compensation until the salary
of the lower position he/she is filling is equal to his/her salary. This procedure is
known as "Y" rating.
8.4 The names of employees laid off shall be entered upon a reemployment list in
the inverse order that they were laid off and a copy submitted to Local 1. The
person ranking highest on the reemployment list for a particular classification
shall be offered the appointment when a permanent or permanent part-time or
temporary vacancy exists in that classification prior to public advertising.
8.5 When an employee was initially employed in an identifiable entry level position
within an existing specific family grouping of classifications, that employee shall
retain seniority for that entry level position even though the position has been
reclassified and/or the title changed, provided the employee meets minimum
qualifications required for the entry level position.
8.6 Employees who are laid off may fill any vacant position for which they meet the
minimum qualifications. Such an employee shall have preference over outside
applicants.
Section 9. Holidays
9.1 The following holidays shall be observed with pay for full-time and permanent
part-time employees:
New Year's Day January 1
Martin Luther King Jr. Day 3rd Monday in January
Presidents Day 3rd Monday in February
9
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veterans Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Friday following Thanksgiving
Christmas Day December 25
Every day declared by the governing body, by resolution, to be a holiday.
Employees shall be credited with two (2) hours per month for each month of
employment to be used as floating holiday time. Employees shall be allowed to
use such time in increments of no less than one (1) hour. On separation from
Authority service, an employee shall be paid for any unused floating holiday time
at the employee's current pay rate.
9.2 Local #1 and the Employer agree that by mutual consent any of the above
holidays can be observed on a date other than listed in Section 9.1.
9.3 When a holiday falls on a Sunday, the Monday following shall be observed as the
holiday. When a holiday falls on a Saturday, the preceding Friday will be
observed as the holiday.
9.4 If a legal holiday as set forth in Section 9.1 falls on a workday for a full-time
employee on an irregular workweek, such employee will be entitled to the
holiday. However, if a holiday falls on one of his/her days off, the employee will
be entitled to a day off and will observe the holiday on the last workday before
the holiday or first workday after the holiday.
9.5 Employees who work on a holiday shall be paid one and one-half (1-1/2) times
their regular rate for all hours worked in addition to their earned holiday payment.
Section 10. Vacation Leave
10.1 Vacation Allowance
Employees in permanent positions are entitled to vacation with pay. Accrual is
based upon straight-time hours of working time per calendar month of service
and begins on the date of appointment to a permanent position. Increased
accruals begin on the first of the month following the month in which the
employee qualifies. Accrual for portions of a month shall be in minimum amounts
of one (1) hour calculated on the same basis as for partial month compensation.
Vacation credits may not be taken during the first six (6) months of employment
except where sick leave has been exhausted; and none shall be allowed in
excess of actual accrual at the time vacation is taken.
10.2 Vacation Accrual Rates
Employees' vacation credits accrue and the maximum accumulation thereof is as
follows:
All permanent employees employed under the terms of this Memorandum of
10
Understanding shall be entitled to vacation pay subject to the following schedule:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-113 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-113 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
10.3 No employee who has been granted a leave without pay or unpaid military leave
shall accrue any vacation credit during the time of such leave, nor shall an
employee who is absent without pay accrue vacation credit during the absence.
10.4 Vacation Allowance for Separated Employees
On separation from Authority service, an employee shall be paid for any unused
vacation credits at the employee's then current pay rate.
10.5 Scheduling of Vacations
BY March 31 of each year a yearly vacation schedule shall be drawn up for that
year scheduling vacations on a departmental or project basis.
The vacation period shall be taken at a time mutually agreeable to the Employer
and the employee and on a seniority basis within the department or, project to
which the employee is regularly assigned.
10.6 Employees may elect to receive vacation pay off equal to 1/2 of his/her annual
vacation accrual. The employee may utilize the vacation payoff option 2 times
each calendar year. In no event shall an employee be paid in excess of 112 of the
annual accrual.
In order to be eligible for the above payoff the employee must have accrued the
amount of leave requested at the time of payoff. Annual leave balances will be
reduced by the number of hours purchased.
Section 11. Paid Sick Leave
11.1 Commencing with the second calendar month of employment, all full-time
permanent employees shall accumulate sick leave credit from the first day of
employment on the basis of eight (8) hours per month.
11.2 Sick leave credit earned but not used may be carried from year to year and upon
retirement, may be applied to longevity in the County Retirement Plan.
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11.3 Earned sick leave pay shall be granted only in cases of illness or accident of the
employee or of the immediate family. (Immediate family is defined as spouse,
son, daughter, or stepchildren within the employee's household, father, mother,
brother, sister, grandparents, grandchildren, father-in-law, mother-in-law,
daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepparents or domestic
partner of an employee.) A doctor's certificate or other reasonable proof of
illness may be required by the management for probable cause and may be
subject to verification by the Authority.
11.4 For the purpose of this Section, full pay shall mean pay for the regular daily
schedule of working hours for those days which the employee would have
worked had the disability not occurred, calculated at the employee's straight-time
rate.
11.5 The amount of sick pay allowance payable shall be reduced by any temporary
disability benefits or indemnity that the employee may become entitled to under
or by virtue of any federal, state or other statutory disability benefits. The sum of
the two payments will equal full sick allowance. Benefits derived from temporary
disability will be used to repurchase, on an hourly basis, charges against sick
leave.
11.6 An employee may use paid sick leave credits in cases of illness or injury to an
immediate family member living in the employee's home if there is a real need for
someone to render care and no one else is available therefore, and if alternate
arrangements for the care of the ill or injured person are immediately undertaken,
to be approved by the Executive Director or his designee. Up to thirty-two (32)
hoursY
er year of accumulated sick leave may be used by employees for
p
pre-scheduled medical and dental appointments of members of the employee's
immediate family (as defined in Section 11.3). Sick leave shall be charged in
one-quarter (1/4) hour increments.
11.7 Employees may, upon request, be paid for unused sick leave to a maximum of
forty (40) hours under the following conditions:
a) The employee must have a minimum balance of 200 hours of sick leave
on November 1 st of the year preceding payment.
b) The maximum amount of sick leave that can be used during the payment
year is 56 hours.
c) If an employee uses over 56 hours of sick leave during the year, he/she is
ineligible for payment in that year.
d) The maximum payment of unused sick leave credits for the year is 40
hours. An employee must notify the- Fiscal Department by November 5th
of the payment year of his/her intent to receive payment.
e) All unused sick leave credits as of November 1st of the payment year are
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accrued to the employee's sick leave account.
f) Sick leave credits are reduced by the number of hours for which he/she is
being paid up to a maximum of 40 hours.
g) Employees eligible for receiving payment of unused sick leave credits and
electing to receive said payment, will be paid on the first payday in
December of the year for which the employee qualified for payment.
Section 12. Workers' Compensation
Employees who leave work as a result of an on-the-job injury or illness will have
the balance of that day charged to sick leave providing the time is four (4) hours
or more. If less than four (4) hours remains in the scheduled work day, no time
will be charged to the sick leave account. Three (3) consecutive calendar days
following the last day worked constitutes a waiting period before Workers'
Compensation starts. The last day worked is the workday prior to the date of
injury. The time the employee was scheduled to work during the waiting period
will be charged to his/her leave account.
In order to qualify for Workers' Compensation, the employee must be under the
care of a physician.
Compensable temporary disability absence for the purpose of this section is any
absence due to work-connected disability which qualified for temporary disability
compensation under the Worker's Compensation Law set forth in the California
Labor Code. When any disability becomes permanent, the salary provided in this
subsection shall terminate.
Temporary compensation is payable for the first week of disability when the injury
or illness necessitates hospitalization.
1) A permanent or permanent part-time employee shall receive 86% of
his/her regular straight time wages after integration with temporary workers'
compensation disability payments during any period of compensable temporary
disability absence, not to exceed six (6) months from the start of temporary
disability. The six (6) month's pay limitation is per claim, not per incident. Ex: An
employee who takes Worker's Compensation Leave for five (5) months and
returns to work at a later date and becomes disabled again due to the original
injury is only entitled to another one (1) month of supplemental pay.
2) The employee shall notify the Fiscal Department of all payments received
by him/her from the Employer's Workers' Compensation carrier.
3) No charge or accruals will be made to leave accounts while the employee
is receiving temporary disability benefits for the first six (6) months. After six (6)
months of supplemental pay, the employee shall then utilize paid leave balances
to supplement temporary disability payments.
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4) Whenever an employee who has been injured on the job and has returned
to work is required by an attending physician to leave work for treatment during
working hours, the employee shall be allowed time off up to three (3) hours for
such treatment without loss of pay or benefits. This provision applies only to
injuries that have been accepted by the Housing Authority as job-connected
injuries and shall terminate three (3) months after return of employee to work.
Section 13. Jury Duty and Witness Duty
13.1 Jury Duty For purposes of this Section, jury duty shall be defined as any time an
employee is obligated to report to the court.
1. When called for jury duty, Authority employees, like other citizens, are
expected to discharge their jury duty responsibilities.
2. Employees shall advise their supervisor as soon as possible if scheduled
to appear for jury duty.
3. When an employee is summoned for jury duty selection or is selected as a
juror in a Municipal, Superior or Federal Court or Coroner's Jury,
employees may remain in a regular pay status if they waive all fees (other
than mileage) and the following shall apply:
a) If an employee elects to remain in a regular pay status and waive or
surrender all fees (other than mileage), the employee shall obtain
from the Clerk or jury Commissioner a certificate indicating the days
attended and noting that fees other than mileage are waived or
surrendered. The employee shall furnish the certificate to his/her
supervisor.
b) An employee who elects to retain all fees must take leave
(vacation, floating holiday, etc.) or leave without pay.
4. Employees are not permitted to engage in any employment occupation
before or after daily jury service that would affect their ability to properly
serve as jurors.
5. 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.
6. When an employee is required to serve on jury duty, the Authority 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.
13.2 Witness Duty Employees called upon as a witness or an expert witness in a
case arising in the course of their work may remain in their -regular pay status
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and turn over to the Authority all fees and expenses paid to them other than
mileage allowance or they may take vacation leave or leave without pay and
retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters
(e.g., accident suits and family relations) shall take vacation leave or leave
without pay and retain all witness fees paid to them.
Employees shall advise their department as soon as possible if scheduled to
appear for witness duty.
Section 14. Leaves of Absence Without Pay
14.1 Leaves and Duration
Upon written request, a Leave of Absence without pay may be granted to any
permanent employee with at least one (1) year of service for a period not to
exceed six (6) months, with prior approval of the Executive Director or designee
for the following reasons. Such leave may be extended beyond six (6) months at
the sole discretion of the Executive Director:
a) Illness or disability not covered by paid sick leave.
b) Pregnancy (in accordance with applicable law.)
c) Education which would relate to the employee's career with the Authority.
d) other acceptable reasons.
e) Family care.
14.2 Requests
Requests for Leave of Absence shall be submitted to the Executive Director and
shall state specifically the reason for the request, the date when it is desired to
begin and the probable date of return.
14.3 Family Medical Leave
Upon request to the Executive Director, in each calendar year any employee who
has permanent status shall be entitled to at least twelve (12) 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.
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The employee may be eligible for Paid Family Leave and should contact the
Human Resources Department for information. Employees shall be required to
use one (1) week of accrued leave prior to receiving Paid Family Medical Leave.
Pay for Family Medical Leave will be integrated with the employee's pay in the
same manner as State Disability Insurance.
Definitions For medical and family care leaves of absence under this Section,
the following definitions apply:
1. 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.
2. Parent: A biological, foster, or adoptive parent, a step-parent, legal
guardian, conservator, or other person standing in loco parentis to a child.
3. Souse: A partner in marriage as defined in California Civil Code Section
4100.
4. 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.
5. 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.
6. 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:
a) the date, if known, on which the serious health condition
commenced;
b) the probable duration of the condition;
c) an estimate of the amount of time which the employee needs to
render care or supervision;
d) a statement that the serious health condition warrants the
participation of a family member to provide care during period of
treatment or supervision;
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e) 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.
7. Certification for Family„Medical Leave: A written communication from a
health care provider of an employee with a serious health condition or
illness to the Employer, which need not identify the serious health
condition involved, but shall contain:
a) the date, if known, on which the serious health condition
commenced;
b) the probable duration of the condition;
c) a statement that the employee is unable to perform the functions of
the employee's job;
d) 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.
e) The employee may be asked to provide certification of the need for
family care leave or medical leave.
14.4 Additional FML Leave,
Additional period(s) of family care or medical leave may be granted by the
Executive Director.
14.5 Intermittent FML
The twelve (12) weeks entitlement may be in broken periods, intermittently on a
regular or irregular basis, or may include reduced work schedules depending on
the specific circumstances and situations surrounding the request for leave. The
twelve (12) weeks may include use of appropriate available paid leave accruals
or may be eligible for Paid Family Leave.
14.6 Dual Coverage
In the situation where husband and wife are both employed by the Authority, the
family care or medical leave entitlement based on the birth, adoption or foster
care of a child is limited to an aggregate for both employees together of twelve
(12) weeks during each calendar year period. Employees requesting family care
leave are required to advise their Executive Director when their spouse is also
employed by the Authority.
14.7 Reinstatement from Leave,
The Executive Director may assign employees on a temporary basis to perform
the duties of an employee who is on a Leave of Absence. Upon the expiration of
the leave of absence, the returning employee shall be reinstated to his/her former
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position and location at the same classification and pay provided that such a
position exists and any employee who was temporarily assigned to that position
shall revert to his/her former classification and location. If no comparable
position exists when the employee returns from Leave of Absence, he/she may
"bump" in accordance with Section 8 of this Memorandum of Understanding.
14.8 Leave Accrual while on Leave
Employees may not accrue annual or sick leave while on Leave of Absence
without pay; however, employees returning to work following a Leave of Absence
without pay shall retain their accumulated sick leave, vacation, and holiday leave
accrual. All accumulated vacation leave shall be used prior to being granted
Leave of Absence without pay. An employee shall not be required to use sick
leave accruals for Family Care Leave, but may elect to do so by mutual
agreement with the Employer.
14.9 Group Health Insurance Plan for Family Medical Leave
In accordance with the Family Medical Leave Act all premiums required under
the Authority's health and welfare program must be paid by the Employer during
the first twelve (12) weeks of approved leave taken for reasons specified in 14.3
A and B. For unpaid leaves granted in excess of twelve (12) weeks, the
employee is responsible for payment of said premiums in order to maintain
benefits.
14.10 Medical Clearance
For an employee granted a Leave of Absence for medical reasons, the Authority
may request said employee to complete satisfactorily an employment health
examination, at the expense of the Authority, before return to active employment.
14.11 Pregnancy Disability Leave
Insofar as pregnancy disability leave is used under this Section for Pregnancy
Disability, that time will not be considered a part of the twelve (12) week family
care leave period.
14.12 Group Health Insurance Plans (For other than Family Medical Leave)
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 Authority contribution by maintaining their employment in pay
status. However, in order to maintain such coverage, after all paid leave is
exhausted, employees are required to pay the entire premium to maintain their
group health plan coverage by paying the Authority directly.
14.13 Bereavement Leave
The Authority agrees that it will grant to all employees, upon notification of the
employee's supervisor, leave for up to five (5) days with pay at his/her regular
rate for the purpose of arranging for and/or attending the funeral in the event of a
death in the immediate family of such employee. It is understood that "immediate
family" shall mean spouse, father, mother, son, daughter, brother, sister,
grandparents, step parents or step children, grandchild, mother-in-law, father-in
law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, or any relative or
18
dependent residing in the home of the employee at the time of death. The
Employer may require that the employee provide proof of death and/or
relationship of the deceased.
Upon the approval of the Executive Director, accrued sick leave may be used to
attend the funeral of friends and distant relatives.
Leave in excess of five (5) days will be charged to the employee's accumulated
sick leave or annual leave account, or approved leave without pay.
Section 15. Rest and Clean-up Periods
15.1 All employees shall be granted and take a rest period of fifteen (15) minutes
during each half shift or four (4) hours of work. The rest periods shall be paid at
the employee's prevailing rate.
15.2 Maintenance employees and other employees, working in messy or dirty areas,
shall be allowed ten (10) minutes immediately prior to the end of each half of any
shift for the purpose of personal clean up. Those ten (10) minutes shall be paid
at the employee's prevailing rate.
15.3 When overtime is worked, employees shall have a rest period of fifteen (15)
minutes at the end of their regular shift and one every two (2) hours thereafter.
Section 16. Restoration of Service Credits
16.1 A separated employee in good standing who returns to active employment with
the Employer within two (2) years from date of separation shall have service
credits which were accrued and unused prior to his/her separation restored for
purposes of:
a) Vacation eligibility but not vacation scheduling
b) Sick leave eligibility
C) Service awards
When the separation was due to involuntary layoff, the above shall apply
provided the employee returns within his/her eligibility period.
Section 17. Days and Hours of Work
17.1 Normal Work Week. The normal work schedule for employees shall be the 9/80
work week as authorized in the provisions of Exhibit B. In the event the 9/80
work week is terminated, the work week shall revert to eight (8) hours per day
Monday through Friday.
17.2 Lunch Break. Each employee shall have an unpaid, duty-free lunch break of
thirty (30) minutes.
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17.3 Call Back. Any employee who is called back to duty shall be paid time and one-
half for the actual time worked. Such employee called back shall be paid a
minimum of two (2) hours at the appropriate rate for each call back.
Section 18. Health and Safety
18.1 The Authority shall make reasonable provisions to insure the safety and health of
each employee during the hours of their employment. Employees shall be
required to use all safety clothing and protective devices which will be made
available by the Authority and shall also be required to observe safety rules
promulgated for their protection. Each employee shall be expected to
immediately report any unsafe practice or condition of which they are aware to
their supervisor.
18.2 Safety goggles or shields, respirators and other safety equipment shall be
furnished by the Authority and used by employees where required by state or
federal safety standards and laws.
18.3 Gloves, rain suits, coveralls and rubber boots shall be furnished by the Authority
where it is deemed necessary by the Authority for protection of the employee or
his/her clothing.
18.4 A safety committee shall be established. Said committee shall concern itself with
reviewing work procedures and submitting its recommendations on safety
standards to the Senior Safety Committee. Said committee shall consist of at
least two (2) representatives appointed by Local #1 and two (2) representatives
of management which shall meet monthly.
18.5 Video Display Terminal (VDT) Users Eye Examination
Employees shall be eligible to receive an annual eye examination on Authority
time and at Authority expense in accordance with the following conditions:
1. Eligible employees must use a video display terminal at least an average
of two (2) hours per day as certified by their supervisor.
2. Eligible employees who wish an eye examination under this program
should request it through the Authority Administrator, who will arrange
for eye examinations.
3. Should prescription VDT glasses be prescribed for an employee
following an eye examination, the Authority agrees to provide, at no cost,
the basic coverage including a Ten Dollar ($10) frame and single vision
lenses. Employees may, through individual arrangement between the
employee and their doctor, and solely at the employee's expense,
include bifocal, trifocal or blended lenses and other care, services or
materials not covered by the plan.
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Section 19. Waqes and Classifications
19.1 Salary Schedules
Wages shall be paid in accordance with the salary schedule as set forth in
Exhibit"A" of this Memorandum of Understanding.
The first step in each range is the minimum rate and shall normally be the entry
(hiring or promotion) rate for the classifications. The Executive Director may
approve appointment at a higher step. The second step shall be paid after the
completion of nine (9) months of satisfactory service at the first step for new
employees and at the completion of six (6) months of satisfactory service for
promotional probation employees. The third step shall be paid at completion of
twelve (12) months of satisfactory service at the second step.
Permanent employees temporarily transferred to Development Positions shall
maintain their permanent position and shall be entitled to permanent employee
benefits as set forth in this Memorandum of Understanding. An employee
promoted or reclassified to a higher classification shall be paid in the new
position at least five percent (5%) above the salary rate he/she was receiving in
the position from which promoted or reclassified.
19.2 Salary Schedule for Clerical Employees
All employees shall receive salaries comparable to those received in the
comparable classes of Contra Costa County. This means that the employee's
salary for a class may be equal to one or more than or less than the comparable
class in Contra Costa County on the basis of equal job specifications or greater
or lesser job specifications respectively in the Employer's classifications.
Authority comparability shall be agreed upon by Local #1 and the Employer.
19.3 Job Classifications
The Employer shall meet and confer with Local #1 regarding salaries, minimum
qualifications and impact on employees prior to the creation of new job
classifications or changes in current job classifications.
Section 20. Employment
20.1 Permanent Positions
Permanent positions shall be those positions authorized by the governing board
in its annual operating budget and designated to be filled by the Executive
Director. Only those employees who have satisfactorily completed their
probationary period may be appointed to permanent status.
20.2 Temporary Positions
Temporary positions shall be those positions authorized by the governing board
for a duration not to exceed six (6) months. Employees hired for temporary
positions shall be considered temporary employees.
20.3 Project/ Development Positions
Project/Development positions shall be those positions authorized by the
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. ... ......... ....
governing board for special projects (housing development projects,
modernization projects, redevelopment projects and similar special projects).
Employees in Project/Development positions shall be eligible only for the
following benefits: Health and Dental Insurance, vacation, sick leave, holidays
and shall also be subject to the provisions of Section 3 of the Memorandum of
Understanding.
Project/Development position employees may be terminated at anytime without
regard to the provisions of this Memorandum of Understanding and without right
of appeal or hearing or recourse to the grievance procedure specified herein.
Any provision of this Memorandum of Understanding which pertains to seniority
is not applicable to Project/Development position employees.
20.4 Permanent Part-time Positions
An employee who is assigned to an authorized position and who works less than
forty (40) hours per week can be designated as a permanent part-time employee.
Such positions shall have an authorized number of hours. Employees filling such
positions shall receive benefits in accordance with the formula followed by Contra
Costa Authority for its permanent part-time employees. Positions filled by
permanent part-time employees shall be designated as X/40 positions, with X
being the number of hours worked per week.
20.5 Employees newly appointed to temporary positions or development positions
shall not be eligible for the Contra Costa Authority Employees' Retirement Plan.
20.6 The pay rate for temporary employees or part-time employees shall be at the first
step of the classification assigned to the position.
Section 21. Benefits and Retirement
21.1 The Employer agrees to maintain comparability with the County of Contra Costa
for its represented employees with respect to the provisions for such benefits:
a) Kaiser Foundation Health Plan
b) Delta Dental Plan
c) Contra Costa County Health Plan
d) Contra Costa County Employees' Retirement Plan, including contributions
to retirement - Employees of the Housing Authority are included in Tier 1.
Eligibility and benefits information may be obtained through the Human
Resources Department.
e) Life, accidental death and disability insurance. Life insurance is Fifteen
Thousand Dollars ($15,000.00).
f) I.R.C. 125 Plan — allows employees to elect to deduct child care costs and
22
unreim ursed medical costs from pay on a pre-tax basis in accordance
with the plan provisions and applicable law.
g) Military leave will be governed by existing laws and Authority Personnel
Policies.
The Authority will retain direct contracts with Kaiser, Contra Costa County Health
Plan, Delta Dental Service and Contra Costa County Employees' Retirement
Plan for said coverage.
21.2 Vision Plan
The Housing Authority will provide an employee reimbursement up to One
Hundred Thirty-five Dollars ($135.00) annually for the purchase of prescription
eye wear and/or frames for employees and dependents.
21.3 Effective Date of Plan
Commencing with the first day of the following month after the date of initial
employment, employees hired for permanent positions may become participating
members in those plans outlined in Section 21.1 above.
21.4 Long Term Disability and Life Insurance
Permanent and Permanent Part-time employees who regularly work thirty (30)
hours or more per week and who are eligible for theHousing, Authority's
retirement program through the Contra Costa County Employees Retirement
Association shall be eligible for Long Term Disability Insurance and Life
Insurance. Such insurance shall be provided by the Housing Authority and shall
be in accordance with the provisions of the Personnel Policy and Procedures
relating to Long Term Disability Insurance and Life Insurance.
21.5 Contribution Rates
The Authority shall contribute the following maximum amounts per month on the
following effective dates for the purpose of providing the remaining benefits in
this Section 21. If the maximum amount is not sufficient to provide such benefits,
any excess amount necessary shall be paid for by the employee through payroll
deduction:
Effective 1-1-02
Single Employee $227.17
Dual Coverage $409.20
Family Coverage $536.55
Effective 1-1-05
Effective January 1, 2005, the Authority agrees to pay Seventy Percent (70%) of
the combined dollar amount of the Kaiser monthly medical and dental premiums.
The Authority will contribute the same dollar contribution to employees who
select the CCHP medical plan option.
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Employer Contributions
Single Coverage $261.28
Dual Coverage $513.09
Family Coverage $742.80
Effective 1-1-06
Effective January 1, 2006, the Authority agrees to pay the increase in the Kaiser
medical and dental premiums up to a maximum of ten percent (10%). The
Authority will contribute the same dollar contribution to employees who select the
CCHP medical plan option.
Maximum Employer Contributions
Single Coverage $298.60
Dual Coverage $586.38
Family Coverage $848.91
21.6 Change in Plans
The right to change medical and/or dental plan contents and providers during the term
of the Agreement in an effort to provide comparable benefits at reduced costs shall be
by agreement by both parties. The Employer and the Union agree to review possible
alternatives through the Joint Labor Management Group.
Section 22. Overtime
22.1 Overtime Defined
Each hour worked in excess of eight (8) hours in a day or forty (40) hours in a
week shall be paid at one and one-half (1-1/2) times the employee's regular rate.
Hours paid for but not worked shall be considered in the computation as time
worked for the purpose of computing overtime. (i.e., jury duty, vacation, holiday,
sick leave, bereavement leave or any other paid leave).
22.2 Distribution of Overtime
The Authority agrees to distribute weekend overtime hours equally whenever
practical among employees in their respective classifications and departments on
a seniority basis. Notice for weekend scheduled overtime will be given by the
end of the shift on Thursday. Notice for daily scheduled overtime will be given at
least one (1) hour before the end of the employee's regular shift.
22.3 Compensato Time
The following provisions shall apply:
1. Employees may elect to accrue compensatory time off in lieu of overtime
pay. Eligible employees must notify their Department Head or his/her
designee of their intention to accrue compensatory time off or to receive
overtime pay.
2. Compensatory time off may be accrued at the overtime rate for actual
authorized overtime hours worked by the employee.
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3. Employees may not accrue a compensatory time off balance that
exceeds eighty (80) hours. Once the maximum balance has been
attained, authorized overtime hours will be paid at the overtime rate. If
the employee's balance falls below eighty (80) hours the employee may
again accrue compensatory time off for authorized overtime hours
worked until the employee's balance again reaches eighty (80) hours.
4. Accrued compensatory time off shall be carried over for use in the next
fiscal year; however, as provided in 3 above, accrued compensatory
time off balances may not exceed eighty (80) hours.
5. Employees may not use more than eighty (80) hours of compensatory
time off in any fiscal year period (April 1 - March 31).
6. The use of accrued compensatory time off shall be by mutual agreement
between the Department Head or his/her designee and the employee.
Compensatory time off shall not be taken when the employee will be
replaced by another employee who would be eligible to receive overtime
payment. This provision may be waived at the discretion of the
Department Head or his/her designee.
7. Since employees accrue compensatory time off at the rate of one and
one-half (1-1/2) hours for each hour of authorized overtime worked,
accrued compensatory time balances will be paid off accordingly
whenever:
a) The employee changes status and is no longer eligible for compensatory
time off;
b) The employee separates from Housing Authority service;
c) The employee retires.
Section 23. Grievance Procedure
23.1 It is the intent of the parties to this Memorandum of Understanding to anticipate
and diminish causes of grievances and to settle any which arise, informally at the
lowest practicable level of supervision and as fairly and promptly as possible.
Therefore, it is agreed that there should be time limits between the initiation of a
grievance and its occurrence, between steps of the grievance procedure and the
time in which each answer must be given. Any grievance not initiated, or
pursued by Local #1, the aggrieved employee, or the Employer, as the case may
be, within these time limits, will be considered settled on the basis of the last
timely demand or answer by the Employer as the case may be, unless the time is
extended by agreement of both parties. At each step of the grievance procedure,
the Employer shall make available any record relied upon to sustain the action
which gave rise to the grievance.
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23.2 Definition - Grievance
A grievance is any dispute between (a) the parties, or (b) the Employer and an
employee or employees with respect to the meaning, interpretation, application
or enforcement of this Memorandum of Understanding or any terms or provisions
thereof and the application of the Personnel Policy.
23.3 General
(a) Initial Presentation
The initial (or lowest level) presentation of a grievance shall be to the
immediate supervisor of the employee claiming to have a grievance, and it
may be made either orally or in writing. If made in writing, this written
grievance shall comply with paragraph (b)'s requirement for a formally
presented grievance.
(b) Formal Presentation
The formal presentation of a grievance shall be written and shall state the
circumstances over which the grievant claims to be aggrieved, how the
meaning, interpretation, application or enforcement of this Memorandum of
Understanding is affecting him/her to his/her detriment, and the redress
he/she seeks.
(c) Time Limit
Grievances must be filed within thirty (30) days of the incident or
occurrence about which the employee claims to have a grievance.
(d) Filing at Above First Step
Grievances may be filed at Step 2 or Step 3, provided both parties agree
that filing above Step 1 is appropriate.
23.4 Procedure
(a) Step 1
The grievance shall be presented to the immediate supervisor in accordance
with Section 24.3. The immediate supervisor shall have seven (7) working
days to respond. This response shall be reduced to writing.
(b) Step 2
If the grievance is not settled at Step 1, the grievant shall present his/her
grievance to his/her Department Head. The grievant shall have ten (10)
working days from the time he/she receives the immediate supervisor's
response to grieve to Step 2. The Department Head shall respond in writing
within ten (10) working days after hearing the grievance.
(c) Step
If the grievance is not settled at Step 2 above, it shall be presented to the
Executive Director or his/her designated representative within ten (10) working
days following delivery of the Department Head's response. The grievance
shall be presented along with all pertinent written material to date, and
26
testimony from witnesses where required. If the grieving employee or group of
employees wishes Local #1 representation in the presentation of the case
before the Executive Director, or his/her designated representative, such
representation shall consist of not more than two (2) representatives of Local
#1. The Executive Director shall reply to the grievance in writing to Local #1's
office within ten (10) working days of the date of presentation of the written
grievance.
(d) Step 4
A grievance which is not settled by the Executive Director may be appealed in
writing to an Adjustment Board. The written notice of appeal must be filed with
the Executive Director within ten (10) working days of the receipt of his/her
written reply.
The Adjustment Board shall be comprised of three (3) Union representatives,
no more than two (2) of whom shall be either an employee of the Authority or
an elected or appointed official of the Union presenting the grievance, and three
(3) representatives of the Authority, no more than (2) of whom shall be either an
employee of the Authority or a member of the staff of an organization employed
to represent the Authority in labor relations. The Adjustment Board shall meet
and render a decision within twenty (20) work days of receipt of the written
request . If the Authority fails to meet the timelines specified in Step 4 and the
Union demands in writing that an Adjustment Board be convened, the Authority
will convene an Adjustment Board within ten (10) work days of receipt of
request or the grievance will move to arbitration upon demand.
(e) Ster) 5
A grievance which is not settled by majority decision of the Adjustment Board
may be appealed in writing for final determination to an arbitrator. The written
notice of appeal must be filed with the Executive Director within ten (10)
working days of-receipt of the written decision of the Adjustment Board.
1 Arbitration
a) Selection
Within ten (10) working days after receipt of the notice of appeal, the
Executive Director and the grievant(s) shall proceed with the Executive
Director and Local #1 trying to select a mutually acceptable arbitrator
who agrees to serve.
If the parties cannot agree, a list of five (5) arbitrators will be drawn from
the California State Conciliation Service, American Arbitration
Association, or some other source mutually agreed upon, and each party
(beginning by lot) shall alternately strike one name from the list until one
name remains, who shall be the arbitrator if he agrees to serve. If he will
not serve, the process shall be repeated until an arbitrator is found. Not
withstanding the above an arbitrator shall be selected within thirty (30)
days.
27
I
b) Evidence
Neither party shall be permitted to assert in the arbitration proceedings
any fact or report or written stipulation or any evidence which has not
been submitted to the other party during the prior levels of the grievance
procedure. Should new evidence become available, the procedure shall
revert back to Step 4.
c) The Arbitration
The arbitrator shall promptly hold a hearing and shall issue his decision
not later than thirty (30) days from the date of the close of hearing, or, if
the oral hearings have been waived, from the date the first written
statements and arguments are submitted to him by the parties. His
decision shall be in writing and shall set forth his findings of fact,
reasoning and conclusions on the issues. It shall be submitted to the
Executive Director and to the grievant and shall be final and binding on
the parties.
2) Costs
The fees of the arbitrator (including any per diem expenses, travel and
subsistence expenses), the cost of any hearing room and the cost of
preparing the transcript of the hearing, if any, for the arbitrator shall be
borne equally by both parties. All other costs and expenses shall be
borne by the party incurring them.
23.5 Copies of the decision will be furnished to both parties. The arbitrator shall have
no authority to add to, delete from, or alter any provisions of this Memorandum of
Understanding, but shall limit his or her decision to the scope, application and
interpretation of the provisions of this Memorandum of Understanding and shall
make no decisions in violation of existing law. In case of a grievance involving
any money claim against the Employer, no award shall be made by the arbitrator
which shall allow any alleged accruals prior to the date when such grievance
shall have been presented to the Employer in writing, except in cases whereby
the employee or Local #1, due to lack of knowledge, could not know prior to that
date that there were grounds for a claim. In such cases, retroactive claims shall
be limited to a period of sixty (60) calendar days prior to the date the claim was
first filed in writing.
23.6 Time Limits
Grievances not appealed to the next higher step within the time limits as set forth
in the above procedure shall be considered settled on the basis of the last
answer and no further appeal may be made. The above time limits may be
extended by mutual written agreement.
Section 24. Disciplinary Actions
24.1 General Provisions
A permanent employee may be suspended, demoted or dismissed by the
Executive Director for cause.
28
1
24.2 Disciplinary steps to be used by the Employer are as follows:
1) Verbal reprimand
2) Written reprimand
3) Suspension
4) Demotion
5) Dismissal
The extent of the disciplinary action taken shall be commensurate with the
offense provided that the prior employment history of the employee may also be
considered pertinent. It shall be the Employers policy to use progressive
discipline.
24.3 Causes
The causes which shall be deemed sufficient for suspension, demotion, or
dismissal of permanent employees shall include but are not limited to the
following:
1) Unauthorized Absence without leave
2) Disorderly or immoral conduct
3) Incompetency or inefficiency
4) Insubordination
5) Use of alcoholic beverages or narcotics, or being under the influence of
either or both while on duty
6) Neglect of duty
7) Negligent or willful damage to the Employer's property, or waste of the
Employers supplies or equipment
8) Willful violation of a reasonable regulation regarding duties, conduct, or
performance of the employee
9) Misappropriation of the Employers funds or property
10) Violation of Housing Authority policy
11) Theft of Housing Authority or tenant property
12) Excessive tardiness
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13) Falsification of forms, records or reports including time cards or
employment records
24.4 Notice of Intent
The Executive Director or designee shall give written notice (Skelly Notice) of
his/her intent to take disciplinary action against any involved employee. Verbal
and written reprimands are not subject to this procedure. Such notice must be
served on the employee in person or by certified or registered mail prior to the
disciplinary action becoming effective. The Skelly notice must be served within
thirty (30) days after the occurrence or first knowledge of the action upon which
the disciplinary action is based and shall include:
a) Statement of the nature of the disciplinary actions
b) Effective date of the action to be taken
c) Statement of the cause thereof
d) Statement in ordinary language of the specific act or the omissions upon
which the cause is based
e) Statement that employee is entitled to review all written materials upon
which the manager based the decision
f) Statement advising the employee of his/her right to appeal from such
action and the right to representation
24.5 Skelly Hearing
After the Skelly notice has been issued, and prior to the disciplinary action being
initiated, the Executive Director shall conduct a Skelly hearing. At this hearing,
the employee and his/her representative shall be afforded the opportunity to
respond to the charges, either orally or in writing. The Executive Director may
reduce or modify the intended action as a result of the Skelly hearing.
24.6 Subsequent to the notice of action by the Executive Director, the employee may
appeal the disciplinary order in accordance with the Grievance Procedure of
Section 23. The appeal process shall be identical to that of the Grievance
Procedure of Section 23 of this Memorandum of Understanding. The appeal of
the Executive Director's decision shall begin at Step 4 of the Grievance
Procedure.
Section 25. Transfers
25.1 Voluntary Transfers for Permanent/Permanent Part Time Positions
Prior to filling a permanent or permanent-part time position vacancy, a voluntary
transfer shall be granted by the Employer if an employee wishes to transfer from
his/her current work site to the vacant work site provided the vacancy is within
the same classification. Voluntary transfers shall be granted in accordance with
the following procedures:
30
1) The Housing Authority shall post all vacancies for seven (7) workdays at
all locations. Notices shall include job classification, work site, hours and
days of work. Any employee desiring a transfer shall submit a written bid
request by the close of the posting period. The bid request shall list all
desired transfer locations in order of preference.
Any employee on leave may submit a written bid request and employees
about to take leave may submit a written bid request to the Human
Resources Department for positions that may become available while the
employee is on leave. The most senior eligible employee requesting the
transfer shall receive the transfer.
2) An employee is not eligible for transfer if he/she already transferred twice
within the last twelve (12) months. An employee is not eligible for transfer
if he/she has received an unsatisfactory performance evaluation during
the most recent evaluation period, except as may be approved by the
Executive Director or designee.
3) Newly hired employees shall be eligible to submit a bid request for a
transfer immediately upon completion of the probationary period.
4) Employees who promote into a new classification, shall be eligible to
submit a bid request for transfer in their new classification immediately
upon completion of the probationary period.
25.2 Involuntary Reassignment Procedure
Authority management, at its sole discretion, may determine from time to time
that involuntary reassignments of staff are required. Involuntary reassignments
are the reassignments of permanent employees in their existing classifications to
a new worksite or work schedule. Such decisions may result from inability to fill a
vacancy through the voluntary transfer procedure (Section 25.1) or from a
determination that excess staff are allocated to a certain site or work schedule.
An involuntary transfer may also result from an employee returning to work
following an occupational injury or illness and such employee has been
determined to be permanent and stationary pursuant to an ADA accommodation.
This policy shall not apply to temporary reassignments of less than eight (8)
weeks duration to cover such things as vacation relief, sick leave/workers'
compensation absence, workload adjustments, or special work assignments as
may be required by the Authority, or temporary short-term assignments to cover
vacant positions which could not be filled through the voluntary transfer policy
(Section 25.1).
Employees who are subject to temporary (less than eight (8) weeks involuntary
transfer shall be eligible for mileage reimbursement for their personal vehicle for
any additional commute miles caused by the involuntary transfer
31
If a temporary reassignment is expected to exceed eight (8) weeks in duration,
the Housing Authority shall either use the below listed procedure or will meet and
confer with the Union on a case by case basis regarding an alternative approach:
a. Management will identify the classifications and positions/work locations
from which reassignments are necessary.
b. Affected employees will be provided with a fist of the vacancies for which
they may apply. Volunteers will be considered first in accordance with 25.1.
C. If there are insufficient or no volunteers for each assignment, and
involuntary reassignments are still required, the least senior qualified affected
employee shall be reassigned to the vacant assignment identified by
management followed by the next least senior employee, in inverse order of
seniority until all necessary reassignments are completed. Qualified is defined
as a person possessing the necessary training or experience for their specific
assignment.
d. Seniority for involuntary reassignment purposes shall be defined as
seniority within classification. Nothing contained in this section shall prohibit the
Authority and the Union from making a mutually agreed upon alternative
arrangement.
Reassignments may not be utilized for disciplinary purposes.
25.3 Office Closures and Reorganization
Involuntary transfers that result from a decision of the Authority to reorganize or
to close an office shall be in accordance with the procedures outlined in 25.2
with the exception that mileage will not be paid.
Section 26. Promotional Vacancies
26.1 Permanent and Permanent Part-Time Positions
Once the provisions of 25.1 are met, all permanent and permanent part-time
position vacancies within the bargaining unit shall be posted on a promotional
basis only. The vacant notice shall be posted at all work sites on appropriate
bulletin boards for seven (7) work days.
A permanent/Permanent Part-Time position vacancy is defined as an opening
in a permanent or permanent part-time position which occurs as a result of a
promotion, demotion, termination or resignation of the incumbent, or which is a
newly budgeted and approved position for which there is no incumbent.
The posting shall state:
1) The site of the vacancy
2) The number of hours regularly assigned
3) The job classification and salary range
4) The immediate supervisor
32
5) Minimum qualifications
6) Closing date of posting
7) Type of selection process
During the posting period the vacancy shall not be permanently filled. Any
employee going on leave during the period of posting can request a copy of the
notice by providing the Employer with a self-addressed stamped envelope.
The vacancy shall first be filled from within the applicable bargaining unit prior
to it being offered to the other bargaining unit.
26.2 Positions shall be filled after consideration of the following:
1} All the provisions of Sections 25.1 and 26.1 have been met by the
Employer.
2) All candidates shall have been ranked in order of the . relative
qualifications for the job by written test, oral interview and performance tests or
any combination as called for by the Employer.
3) The Employer shall inform Local #1 what type of test will be
administered prior to the test by mailing a copy of the announcement.
26.3 Where merit and qualifications are equal preference in hiring for permanent and
permanent part-time promotional positions shall be given to the employee with
the greater amount of seniority with the Employer. In the event of a dispute
regarding the filling of a promotional position, the Local One Representative
shall have the right to review the qualification ranking sheet summary.
26.4 Only after all of the provisions mentioned above have been met, may the
Employer recruit individuals who are not current employees for the position.
Section 27. Filling of Temporary Positions
27.1 Temporary positions shall be filled at the sole discretion of the Employer.
Temporary positions may be filled by the Employer for a period not to exceed six
(6) months. The Employer may elect to use any one, or a combination, of the
three (3) options listed below to fill a temporary position.
(1) The Employer may enter into a temporary employment agreement with a
non-employee.
(2) The Employer may utilize the services of a private personnel services
agency.
(3) The Employer may assign an employee to work in a classification they do
not have status in on a temporary basis.
If the employer elects to use Option 3, volunteers shall be solicited from the
33
bargaining unit in accordance with Section 28.
27.2 Filling of Temporary Vacancies in Permanent Positions
Opportunities to fill temporary positions which are created as a result of a
temporary vacancy in a permanent position within the bargaining unit shall be
offered to bargaining unit members first in accordance with Sections 27.1(3) and
28.
Temporary vacancies shall be filled as soon as practical after the Authority is
advised as to the duration of an absence creating a temporary vacancy.
27.3 If the bargaining unit member is re-classified to fill the temporary vacancy in the
permanent position, any subsequent position vacancies created as a result of
this re-classification shall be filled at the sole discretion of the Employer in
accordance with Section 27.1.
Section 28. Working Out of Classification
28.1 The Executive Director may assign employees to work in a classification they do
not have status in on a temporary basis. When an employee is assigned work in
a higher classification he/she shall receive the salary for that classification for the
duration of the assignment. When an employee is assigned work in a lower
classification, he/she shall be paid at his/her present salary for the duration of the
assignment.
28.2 Assignments for ten (10) working days or less may be made by the Executive
Director or his/her designee. If an assignment is to be for a period of more than
ten (10) days, volunteers shall be solicited from the Unit. If there is more than
one volunteer, the most senior qualified employee shall receive the temporary
assignment. The employee must meet the minimum qualifications for the
position to which he/she is to be assigned. Temporary assignments shall not be
made for more than six (6) months. The Employer shall not make a series of
assignments of less than ten (10) working days to circumvent the intent of this
Section.
Section 29. Personnel Files
29.1 Access to Personnel Files
Materials in personnel files of employees which may serve as a basis for
affecting the status of their employment are to be made available for the
inspection of the employee involved.
1. Every employee shall have the right to inspect, examine, and obtain
copies of any materials in his/her employee personnel file by request to
the Executive Director or his/her designated representative.
2. Copies of all materials placed in the personnel file shall be provided to
the employee.
34
3. An employee shall have the right to enter his/her comments to any and
all materials in his/her personnel file.
29.2 Maintenance of Files
The personnel file of each employee shall be maintained at the Housing
Authority's central administration office. No adverse action shall be based upon
materials which are contained in the personnel file unless the materials had been
placed in the file at the time of the incident giving rise to such materials.
29.3 Examination of Files
An employee shall have the right to any reasonable time to examine and/or
obtain copies of any material from the employee's personnel file.
1. Such review shall take place during normal business hours, and the
employee shall upon approval of his/her supervisor, be released from
duty for a reasonable time for this purpose without salary deduction.
2. With specific written authorization from the employee, ' authorized
representatives shall also have the right, at any reasonable interval
during the regular business hours of the Housing Authority, to examine
and/or obtain copies of any material from the employee's personnel file.
29.4 Confiden
All personnel files shall be kept in confidence and shall be available for
inspection only to other employees designated by the Executive Director when
actually necessary in the proper administration of the Housing Authority's affairs
or the supervision of the employee.
29.5 Derogatory Material
All derogatory materia'I placed in an employee's file shall be signed and dated by
the preparer. The employee shall be notified prior to the material being placed in
the file, and shall be given the opportunity to initial and date same. Refusal to do
so shall be noted on the copy placed in the file. All derogatory materials except
suspensions or reductions in pay and, other than employee evaluations, shall be
removed from the employee's personnel file and destroyed after remaining in the
file for a period of three (3) years.
Section 30. Miscellaneous Pay Provisions
ons,
30.1 Bilingual Pay
A salary differential of Eighty Dollars ($80.00) per month shall be paid employees
utilizing bilingual proficiency as designated by the Executive Director or his/her
designee. Said differential shall be prorated for employees working less than
full-time and/or who are on an unpaid leave of absence for a portion of any given
month. Designation of positions for which bilingual proficiency is required is the
sole prerogative of the Employer. The procedure for determining competency
and qualifications for bilingual pay shall be comparable to that used by Contra
Costa County.
35
30.2 Mileaqe Reimbursement
The mileage allowance for use of personal vehicles on Authority business shall
9
be aid according to the rates allowed by the Internal Revenue Service and shall
p
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.
30.3 Training and Tuition Reimbursement
Guidelines for reimbursement of training, tuition and book expenses for
9
employeesfurtherin their professional education or career development are
provided in the Authority's Policy and Procedures Manual.
30.4 On-Call Pay
Maintenance employees covered by this Agreement, who have successfully
completed probation, may be assigned On-Call duties on an equal opportunity
p p Y . 9
basis. Employees so assigned, shall be required to carry a beeper and/or
cellular phone and respond within the specified time. Employees assigned On-
Call duties shall be permitted to take home an Authority vehicle or be paid
mileage for the use of the employee's personal vehicle while responding to calls
and shall be paid one (1) hour of pay for each week day and three (3) hours of
pay for Saturday, Sunday, 9/80 Friday off and holidays. While responding to
calls, employees shall be paid pursuant to 17.3 and applicable overtime
provisions of this Agreement. Specific procedures are contained in the
Maintenance Division's On-Call Procedures Policy Side Letter.
Section 31. Evaluation
31.1 Goal
The basic goal of the employee evaluation process is to help each employee
perform his/her present job more effectively to the mutual benefit of the
individual and the Employer.
31.2 Objectives
a) To provide a means of evaluating each employee's performance in the
specific context of his/her job.
b) To determine individual needs for improvement and development.
c) To secure continuing communication of individual development.
d) To provide a basis for giving recognition for praiseworthy service.
31.3 Procedure
a) The immediate supervisor has the major responsibility for the evaluation of
employees under his/her supervision.
b) Initial hire probationary employees shall be evaluated in accordance with
36
Section 7.3 of this Agreement.
c) Promotional probationary employees shall be formally evaluated three (3)
months and at six (6) months.
d) Permanent employees shall be evaluated once annually in accordance
with Housing Authority policy.
e) Evaluation forms shall be maintained in the employee's personnel file in
the Central Administration office and are available for the employee's
inspection. A copy of the completed forms shall be given to the employee.
f) Employees will have an opportunity to discuss evaluations with the
evaluator prior to the placement of the evaluation in the employee's
personnel file. Ratings reflecting below average performance shall include
specific recommendations for improvement and such ratings shall be
supported by appropriate prior documentation. The employee shall have
the right to respond in writing to an evaluation and such response shall be
attached to the evaluation and included in the personnel file.
Section 32. Voluntary Demotions
32.1 Definition
A voluntary demotion shall occur when an employee voluntarily vacates his/her
current class and fills a vacant position in a lower paying class for which that
employee meets the qualifications.
32.2 Reasons for Voluntary Demotions
An may employee take a voluntary demotion when a vacancy exists in a lower
Y
classification and the employee desires to demote.
32.3 Procedure for Voluntary Demotions
The procedure in Section 25 (Transfers) shall be followed. Employees seeking a
voluntary demotion under these circumstances shall be considered after
employees eligible for a transfer and after employees eligible for promotion under
Section 26.
Employees seeking a voluntary demotion in accordance with the above
procedure shall be placed in the lower classification at the same step level as
he/she occupied in the higher class.
Section 33. Clothing
33.1 Maintenance Employees
Employees assigned to the Maintenance Classification shall wear long pants,
HACCC provided shirts and appropriate foot gear while working.
a) Shirts
The Authority shall provide employees with eight (8) shirts with
37
Authority identification annually. (The shirts will be of one color
and worn at all times while on duty). The employee may choose
any combination of the following, not to exceed eight (8).
Long sleeve shirt
Short sleeve shirt
"T" shirt (of good quality cotton)
b) coveralls/overalls
The Employer will provide two (2) pair of regular coveralls/overalls
annually to maintenance employees. In addition, the Employer
will supply disposable coveralls as needed.
c) Jacket
The Authority will provide and replace as needed, a jacket with
HACCC identification, to be worn by employees during cold
weather.
d) Boot Allowance
The Authority will reimburse maintenance employees up to Two
Hundred and Fifty Dollars ($250.00) every two years for the
purchase of approved safety footwear. Safety footwear must be
worn while on duty and shall be leather, hard soled, non-slip with
heels and have steel or other safety toe and ankle protection.
33.2 Employees assigned to the Clerical Classifications shall wear appropriate office
attire (i.e., skirts, dresses, long pants or skorts).
Section 34. Catastrophic Leave
Permanent employees may be eligible to receive donations of paid leave other
than sick leave, to be included in the recipient employee's sick leave balance if
the employee or immediate family member has suffered a catastrophic illness or
injury which is defined as a critical medical condition considered to be terminal, a
long-term major physical impairment or disability.
A. The recipient employee, recipient employee's family or other person
designated in writing by the recipient employee shall submit a request in
writing to the Executive Director or designee.
B. The recipient employee shall not be eligible so long as she/he has paid
leaves available, however, the request may be initiated prior to the
anticipated date leave balance will be exhausted.
C. A medical verification including diagnosis and prognosis shall be provided
by the recipient employee.
D. A recipient employee is eligible to receive four hundred eighty (480) hours
of donated time per incident. Requests for exceptions to this limit may be
submitted to the Executive Director whose decision shall be final.
38
E. Donations shall be made in hourly increments, and are irrevocable. The
donor employee may donate vacation up to any amount so long as the
donor employee retains at least eighty (80) hours of vacation. Sick leave
may not be donated.
F. Time donated will be converted from the type of time donated to sick leave
and credited to the recipient employee's sick leave balance on an hour-for-
hour basis and shall be paid at the rate of pay of the recipient employee.
All sick leave provisions will apply.
G. Time donated in any pay period may be used in the following pay periods.
No retroactive donations will be permitted.
The determination of the employee's eligibility for Catastrophic Sick Leave
donation shall be at the Executive Director's sole discretion and shall be
final and non grievable.
Section 35. Miscellaneous Provisions
35.1 Personnel Policies
Where a specific provision contained in a section of this Memorandum of
Understanding conflicts with a specific provision contained in a section of the
Personnel Policies, the provision of this Memorandum of Understanding shall
prevail. Those provisions of the Personnel Policies which are not within the
scope of representation shall be considered in full force and effect. Those
provisions of the Personnel Policies within the scope of representation shall not
be changed, amended or otherwise invalidated without a prior meeting with Local
#1.
35.2 Temporary Employees
It is understood that the Authority may utilize temporary employees to provide
back up for vacancies in regular bargaining unit positions during the job
recruitment and employee selection process, when regular employees are on
leave or for certain peak workload periods. The Authority agrees to monitor the
usage in an effort to reduce any unnecessary or prolonged assignment of
temporary employees to perform bargaining unit work. Upon request of the
Union, the Authority will meet to review the numbers and assignments of
temporary employees.
35.3 Light Duty Policy
The light duty policy is attached as Exhibit D.
35.4 The Authority will provide sufficient sanitary rest room facilities for employees.
Employees will be expected and required to cooperate in maintaining sanitary
facilities for their use.
35.5 Constructive Resignation. Any employee who is absent without leave for five (5)
consecutive workdays, will be considered to have constructively resigned,
39
provided that the Employer shall send a Registered/Certified Notice of
Resignation to the Employee's last known address. The effective date of the
constructive resignation shall be five (5) consecutive workdays after the date the
notice was mailed.
35.6 Driver's License Requirement. Employees required to drive Authority vehicles as
part of their job shall maintain while actively employed by the Authority:
a) A current valid California driver's license; and
b) A driving record acceptable to the Authority's auto insurance carrier and
which will not cause the Authority to be required to pay excessive
insurance premiums.
35.7 Health Examination. The Housing Authority may require an employee to
undergo a physical examination if the Authority has a reasonable belief that the
employee's physical condition may prevent the employee from safely and
productively performing his/her job. A health examination shall be conducted by
a licensed physician, qualified in industrial medicine, and said examination may
include: complete case history, x-ray, laboratory tests and other pertinent medical
reports and tests. The cost for medical examination shall be paid by the
Authority.
Section 36. Scope of Agreement
Except as otherwise specifically provided herein, this Memorandum of
Understanding fully and completely incorporates the understanding of the parties
hereto and constitutes the sole and entire agreement between the parties in any
and all matters subject to meet and confer. Neither party shall, during the term of
this Memorandum of Understanding demand any change herein, provided that
nothing herein shall prohibit the parties from changing the terms of this
Memorandum of Understanding by mutual agreement.
use
AM
Section 37_ . Saving Clause
37.1 Should any part hereof or any provisions herein contained be rendered or
declared invalid by reason of any existing or subsequently enacted legislation or
by a decree of a court of competent jurisdiction, such invalidation of such part or
portion of this Agreement shall not invalidate any remaining portions which shall
continue in full force and effect. Local #1 and the Employer shall, within thirty
(30) days, meet and confer regarding the affected portion of this Memorandum of
Understanding. Any modification or changes in the Memorandum of
Understanding brought about by the above meeting and conferring shall be in
writing and signed by the parties hereto.
37.2 The waiver of performance of any obligations of the Sections of the
Memorandum of Understanding by either party at any time or for any period shall
not be construed as a waiver of the right of such parties to insist upon full
performance of such obligations thereafter.
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Section 38. Term
38.1 This Memorandum of Understanding shall become effective on November 1,
2004, and terminate on December 31, 2006.
38.2 Written notice of desire to negotiate amendments as an extension of this
Memorandum of Understanding or any new Memorandum of Understanding
must be given by either party at least sixty (60) days prior to the expiration date.
Negotiations, therefore, shall commence no less than thirty (30) days prior to the
expiration of said Memorandum of Understanding. If a notice is given, as
specified above, and complete agreement upon modifications or amendments to
this memorandum of Understanding has not been reached by the expiration date,
it may be temporarily extended by mutual agreement.
Dated this day of 2005
PUBLIC EMPLOYEES UNION, HOUSING AUTHORITY OF THE
LOCAL#1 COUNTY OF CONTRA COSTA
By By
Kathy Kyle Robert Mc Ewan
Executive Director
By
Dave Rieman
By
Kathy Sosa
By
Sandra Hamameh
By
Deanna Cipriani
By
Lavelle Nichols
By
Tilo Lopez
By
Stacey Allen
41
EXHIBIT A
REPRESENTED EMPLOYEES SALARIES
Current Salary Schedule:
HOUSING AUTHORITY of the COUNTY of CONTRA COSTA
SALARY SCHEDULES BY CLASSIFICATION
NON-EXEMPT EMPLOYEES
NUMB
mom
Housing Program
Specialist 3,737 /mo 3,922 /mo 4,119 /mo 4,323 /mo 4,535 /mo
Secreta 3,721 /mo 3,905 /mo 41097 Imo 41299 /mo 41513 /mo
Senior Housing Assistant 31359 Imo 39527 /mo 31703 Imo 3,888 /mo 41083 /mo
Senior Accounts Clerk 3,286 /mo 3,449 /mo 3,617 /mo 3,797 /mo 3,984 Imo
Housing Assistant 31199 /mo 31355 /mo 3,521 /mo 3,696 /mo 3,875 /mo
Junior Accounts Clerk 2,864 /mo 3,004 /mo 3,154 /mo 3,312 /mo 3,469 Imo
Senior Office Assistant 2,846 /mo 2,989 Imo 3,138 /mo 3,295 /mo 3,460 /mo
Office Assistant 11 2,711 /mo 2,842 /mo 21982 /mo 31126 Imo 3,285 /mo
Office Assistant 29418 /mo 21537 /mo 2,661 /mo 21792 /mo 2,928 Imo
Facili /Grounds Worker 2,174 /mo 2,281 /mo 2,393 Imo 2,510 /mo 2,633 Imo
Maintenance Mechanic A 3,209 /mo 3,326 /mo 31440 Imo
Maintenance Mechanic B 3,759 /mo 3,964 Imo 4,164 /mo
Lead Maintenance
Mechanic 41303 /mo 1 4,519 /mo 41744 /mo
Effective January 1, 2006, all employees shall receive a one and one-half percent
(1.5%) salary adjustment and such salaries shall be as follows:
HOUSING AUTHORITY of the COUNTY of CONTRA COSTA
SALARY SCHEDULES BY CLASSIFICATION
NON-EXEMPT EMPLOYEES
Housing Program Specialist 3,793 /mo 3,981 /mo 4,181 /mo 4,388 Imo 41603 /mo
Secreta 3,777 /mo 3,964 /mo 4,158 /mo 4,363 /mo 4,581 /mo
Senior Housing Assistant 3,409 /mo 3,580 /mo 3,759 Imo 3,946 Imo 41144 Imo
Senior Accounts Clerk 3,335 /mo 3,501 /mo 3,671 /mo 31854 /mo 49044 /mo
Housing Assistant 31247 /mo 3,405 /mo 39574 /mo 31751 /mo 39933 /mo
Junior Accounts Clerk 2,907 /mo 3,049 /mo 3,201 Imo 3,362 Imo 3,521 Imo
Senior Office Assistant 29889 /mo 3,034 Imo 3,185 /mo 3,344 /mo 3,512 Imo
Office Assistant 11 2,752 /mo 2,885 /mo 3,027 /mo 3,173 /mo 3,334 Imo
Office Assistant 2,454 /mo 2,575 Imo 2,701 Imo 2,834 Imo 2,972 /mo
Facility/Grounds Worker 2,207 /mo 2,315 /mo 2,429 Imo 2,548 /mo 2,672 Imo
Maintenance Mechanic A 3,257 /mo 3,376 /mo 3,492 /mo
Maintenance Mechanic B 3,815 /mo 4,023 /mo 4,226 Imo
Lead Maintenance
Mechanic 4,368 /mo 4,587 Imo 4,815 Imo
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EXHIBIT B
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
9180 WORK SCHEDULE PLAN
Effective the first full pay period one month following adoption of this agreement, all
employees of HACCC will be assigned the same weekly schedule with all employees
scheduled to be off on the same Friday. HACCC and the Union will meet prior to the
schedule changes to discuss and resolve any implementation details.
The following represents the terms and conditions of a 9/80 Work Schedule Plan, as
agreed to by the Housing Authority and Local 1.
TRANSITION The 9/80 Plan will have three optional time shifts: 7:00 a.m. - 4:30 p.m.,
7:30 a.m. - 5:00 p.m. or 8:00 a.m. - 5:30 p.m. Authority reserves the right to schedule
crews or work units at the same start and end times. Employer will meet and confer with
Union prior to changing existing work schedules.
Employees who are on a five-day eight hour schedule as of January 1, 2005 may
discuss hardship situations (e.g. child care) with managers. Any request for an
alternate daily schedule will be evaluated on a case-by-case basis.
All offices will be open Monday through Thursday from 8:00 a.m. to 4:30 p.m. during the
first week of the 9/80 schedule and will be closed on the Friday of the first week of the
schedule. All offices will be open from 8:00 a.m. to 4:30 p.m. Monday through Friday of
the second week of the schedule.
I. DURATION AND TERMINATION
The Housing Authority may, at its sole discretion, terminate the 9180 Plan after meeting
with Local 1 to discuss the reasons for the termination.
In the event the 9/80 plan is terminated, HACCC and the Union will meet and confer
regarding alternate schedules. Two (2) weeks advance notice of 9/80 plan termination
shall be given to the Union and affected employees.
II. Plan Participation
The 9/80 Plan consists of eight nine-hour days, one eight hour day and one scheduled
day off in the 9/80 two week cycle. The scheduled day off will be Friday and the eight
(8) hour day will be the other Friday.
111. WORKWEEK
The 9/80 workweek begins at 12.01 p.m. of the scheduled day off and ends with the
completion of the fourth work hour on the seventh day which is scheduled as the eight-
hour day in the 9/80 cycle.
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IV. FEDERAL AND STATE REGULATIONS
All applicable federal and state regulations pertaining to work hours shall be followed.
V. WORK EXPECTATIONS
Employees are urged to schedule doctor, dental and personal appointments on their
scheduled day off whenever possible.
Everyone must respect the working time of others. Employees arriving or leaving
should avoid distracting the employees who are working.
VI. SCHEDULING
Adequate daily and weekly coverage in the work site must be maintained and is the
responsibility of the appropriate supervisor. It is understood that an individual
p Y
employee's daily and weekly schedule may be changed due to the requirements of the
Department. If an employee requests or is required by the department to work on a
different daily or weekly schedule during that work week (only) to attend training,
meetings, meet work deadlines, appear in court or for personal reasons, it must be by
advance arrangement and with prior approval of the appropriate supervisor.
In addition, in the event coverage within a work site becomes temporarily reduced, an
employee's schedule may be temporarily changed by the appropriate supervisor. If the
work day modification is for more than five (5) business days, other than for vacation
coverage, the Supervisor shall notify the Union. The Supervisor will schedule a meeting
at the request of either party to discuss the extended schedule change.
Vacation requests will be closely reviewed by the appropriate supervisor and approved
in accordance with Section 10.5 of the Memorandum of Understanding.
VII. HOLIDAYS
If a holiday falls on a nine-hour work day, the employee will observe an 8 hour holiday.
The employee has the option to use one (1) hour of accrued leave time (excluding sick
leave) or leave without pay on the holiday or to work an extra hour in the week the
holiday is taken.
Should a holiday fall on a scheduled day off, the employee will take the preceding or
following work day off. All of Section 9, Holidays, of the Memorandum of
Understanding, apply.
VIII. SICK LEAVE AND VACATION
Participants in the 9/80 plan may not use sick leave on their scheduled day off.
Sick leave or vacation time will be charged on an hour-for-hour basis; i.e., if the
employee takes leave on a scheduled nine-hour day, he/she shall be charged nine
44
hours of leave time.
IX. JURY DUTY AND VOLUNTARY TRAINING
Participants will not receive overtime or compensatory time credit for jury duty or
voluntary training on their scheduled day off.
X. OVERTIME
Overtime shall be defined as authorized time worked which exceeds the employee's
normal 9180 work schedule. Such authorized overtime shall be compensated on the
basis set forth in the Memorandum of Understanding.
Adjusted hours that occur within a work week are not considered as overtime.
XI. BEREAVEMENT LEAVE
Employees on the 9/80 plan who utilize bereavement leave shall be entitled to five (5)
days leave. However, a maximum of forty hours paid bereavement leave shall be
granted within the five (5) days granted. Employees shall be required to supplement the
bereavement leave pursuant to Section X above.
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EXHIBIT C
SIDE LETTER OF AGREEMENTS TO MEMORANDUM OF UNDERSTANDING
These understandings shall be incorporated into the Memorandum of Understanding
between the parties by this side letter.
1. SDI and Workers' Compensation
Employees receiving Workers' Compensation or State Disability Insurance
Benefits and who are "buying back" paid leave time (either sick or annual
leave) shall have the amounts rounded to the nearest whole number.
2. Joint Labor Management Committee
a. The parties agree to continue the Joint Labor Management Committee.
The Committee utilizes the Interest Based Bargaining methodology to
collaborate on issues both within and outside the Scope of Bargaining as
defined by the Myers-Milias Brown Act. Recommendations from the
Committee will be forwarded to the Executive Director for review and
final decision.
b. The Joint Labor Management Committee shall schedule meetings every
other month, for the purpose of discussing issues of mutual concern
such as Federal Funding and financial updates, contracting out for
maintenance and other services, potential retiree and employee medical
cost reductions and improving communication. Participants in the
committee will include key Union and Management staff.
C. The Joint Labor Management Committee will meet to identify the
employee training needs necessary to develop the competencies
needed for anticipated changes in the delivery of services or to
consolidate jobs and functions in response to reduced revenues. That
parties may consider development of training modules and staff
development plans to encourage current employees to develop new
skills and to promote to other jobs within the Authority.
If the Executive Director agrees to implement a Joint Labor Management
Committee recommendation, the Authority agrees to meet and confer
with the Union on those matters that fall within the scope of
Representation.
3. Domestic Partner Medical Dental and Vision Coverage
The HACCC's medical and dental plans offered to employees permit Domestic
Partner coverage effective January 1, 2002. The definition of Domestic Partner
and the forms required for participation shall be the same as those utilized by
the County of Contra Costa.
In addition, the HACCC agrees to allow employees to utilize the vision care
monies specified in Section 21.2 for Domestic Partners.
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EXHIBIT D
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
MODIFIED WORK/LIMITED DUTY PROGRAM
MODIFIED WORK/LIMITED DUTY PROGRAM
I. POLICY STATEMENT
The Housing Authority of the County of Contra Costa (HACCC) supports the intent of
the California Workers' Compensation Laws, which seek to return each employee who
has sustained a work-related injury or illness to suitable, gainful employment as soon as
possible, while treating each employee with dignity and respect.
The HACCC Modified Work/Limited Duty Program is an early return-to-work program for
those employees who have sustained a compensable work-related injury or illness.
This program will enable employees, whose medical providers have released them to
return to work, with temporary restrictions, to return to the job site in a modified
capacity, remain productive and earn their full rate of pay for those hours worked.
II. PURPOSE
The purpose of the program is to return an injured or ill employee to the usual and
customary job as soon as possible. This program will allow the injured or ill employee
to return to the job site as soon as is medically feasible and to work at needed
temporary tasks, during recuperation. The tasks assigned will be selected to
accommodate the employee's medical restriction(s), balancing the medical needs of the
employee with the functional needs of the organization, while allowing the employee to
earn a normal rate of pay.
The HACCC Modified Work/Limited Duty Program is a temporary accommodation of
assigned tasks to assist the employee return to work during recuperation. It is not
meant to be a permanent accommodation. It is not a job. The HACCC Modified..
Work/Limited Duty Program is designed to promote and speed recuperation. It is
designed to fill the interim time period between the injury and full recuperation. The
HACCC will accommodate as many Limited Duty employees as is operationally feasible
but may not be able to provide for every and/or all injuries or illnesses. Accommodation
of Modified Work/Limited Duty for qualifying employees shall be that the first employee
released for"light duty" will be the first provided.
III. PARTICIPATION
In order to participate in the HACCC Modified Work/Limited Duty Program, the
employee must obtain a verification of treatment from the medical provider and present
it to their supervisor for immediate forwarding to Human Resources or the Department
Head or designee.
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The verification of treatment form must:
A. be signed by a California-licensed medical provider;
B. state that the employee has been released to return-to-work with
restrictions;
C. specify the work restrictions;
D. state the physical capabilities of the employee;
F. state the anticipated duration of work-related restrictions; and
F. indicate date of the next scheduled visit to the medical provider.
With this information, the supervisor will meet within 2 business days with the
appropriate Department Head or designee or Human Resources to determine if the
Authority can accommodate the recuperating employee within his/her own department
and work site. If not, attempts will be made to locate tasks at the work site closest and
which may accommodate the employee's work restrictions. Final plans shall be
documented and sent to Human Resources.
IV. LENGTH OF PARTICIPATION
An eligible employee may receive temporary accommodation through participation in
the HACCC Modified Work/Limited Duty Program for the length of recuperation, as long
as:
A. The employee is cooperative, continues specified restrictions/treatment, and
follows HACCC Modified Work/Limited Duty Program guidelines.
B. The employee's work restrictions can be accommodated by the employee's
facility or other Housing Authority facility.
C. Full recuperation is expected and recuperation continues to progress.
D. The employee continues to meet the HACCC program participation guidelines.
E. The employee successfully meets such employment requirements as attendance
and quality of work, etc.
The work assigned to the HACCC Modified Work/Limited Duty Program participant will
be tasks, which are needed by the facility.
V. HACCC MODIFIED WORK/LIMITED DUTY PROGRAM ADMINISTRATION
A "Review Committee" consisting of Human Resources (a non-voting member of the
Committee), three (3) Public Employees Union Local One representatives and three (3)
management representatives will serve as a committee to assist in the implementation
and review of the HACCC Modified Work/Limited Duty Program.
A. All Housing Authority departments and sites shall participate in the HACCC
Modified Work/Limited Duty program. The Program Administrator is the Human
Resources & Training Officer.
B. Every reasonable accommodation for an injured employee in his/her existing job
will be considered prior to assigning modified work. Such accommodations may
include equipment or work station modifications.
C. If an employee is not able to perform her/his customary and usual job, the
48
employee will be assigned to temporary modified work within the same unit and
classification based upon a physician's statement concerning her/his ability to
work if such a placement is available. The placement shall be as closely aligned
to the employee's current work schedule and location as possible.
D. An employee will be assigned limited responsibilities within the same
classification and site first. If there are no light duty tasks available at the
employee's usual job site or in the employee's usual classification, another site,
department and job classification in which appropriate limited duty is available
may be utilized.
E. If limited duty within prescribed medical limitations is offered, but the employee
refuses it, the HACCC will be entitled to restrict such leave, continuing pay and
disability benefits as permitted by law and by governing terms of employment.
Any restriction of sick leave will be subject to mediation by the Review
Committee. All such decisions are subject to the worker's compensation appeals
process.
F. Payment for limited duty shall be at the pay and benefits of the employee's
regular position. Limited duty work of less than full time shall provide pro-rata
pay and benefits based on time worked.
G. Participation in the limited duty program may extend up to one year.
V1. NON-DISCRIMINATION IN JOB ASSIGNMENTS
Modified work tasks will be assigned on an equal basis to all employees without
discrimination. The essential factor to consider in developing and assigning tasks is the
employee's ability to perform the tasks assigned within the doctor's work restrictions.
Vil. NON-COMPLIANCE
Employees on limited duty are expected to comply with the doctor's work restrictions
and the physician's approved modified work plan.
Employees participating in limited duty are subject to the same work expectations
regarding performance, attendance, quality of work, etc., as employees who are not
participating in a limited duty program. Work expectations will comply with doctors work
restrictions.
If an employee fails to follow the physician approved modified work plan or meet work
expectations, she/he may be subject to the same disciplinary procedures outlined in the
MOU as employees who are not participating in the light duty program.
V111. EMPLOYEE-SUPERVISOR INVOLVEMENT/ PHYSICIAN APPROVAL
A. The treating physician shall specify the work restrictions on the employee's
release to return to work. The employee and the supervisor will be involved in
monitoring the limited duty tasks included in a modified work/limited duty work
plan.
B. HACCC Modified Work/Limited Duty Program assignments may be changed
once an employee has begun a limited duty assignment. These changes are to
be consistent with the physician's report and are designed to address
49
unexpected medical issues which may surface after the initial start of the limited
duty assignment. The limited duty assignment shall be monitored by the Human
Resources & Training Officer and/or the Department Head.
A Department Head with any available light duty jobs shall provide a brief description of
p
those to the Human Resources & Training Officer to use in the event of a request for
accommodation.
IX. COMPLAINT PROCEDURE
A. PURPOSE
The purpose of the complaint procedure is to provide a process where problems with
the limited duty program can be mediated in a constructive manner.
Issues that may include, but not be limited to, a complaint:
1. Failure of a department to provide limited duty when such duty is feasibly available
or failure to comply with other provisions of this policy
2. Reassignment or removal from a limited duty assignment based on political or
religious or union activities, or race, color, national origin, sex, age, handicap or
sexual orientation.
Any restriction of sick leave, continuing pay or disability benefits associated with the
limited duty pro ram will be referred to the appropriate department head for resolution
g
through discussion with the Business Agent for Local One on behalf of an affected
employee. If not resolved at this level, a review committee will be convened to hear the
complaint. It will consist of three union representatives including the Business Agent, a
Housing Authority represented employee, and another union representative. The
Housing Authority will be represented by Human Resources, a supervisorial Housing
Authority employee and one other management employee at the Assistant Director level
or above. Nothing contained in this section shall prohibit the Authority and the Union
from making a mutually agreed upon alternative arrangement.
The Housing Authority will be entitled to restrict sick leave, continuing pay, and disability
benefits as permitted by law, the MOU, or by other governing terms of employment.
B. PROCEDURE:
1. The complaint must be in writing and filed with the Human Resources & Training
Officer and a copy sent by the employee to the union. The letter or memo must
describe the specific complaint and the relief requested.
2. Within ten (10) days of receipt of the written complaint, members of the Review
Committee will be contacted to schedule a meeting. The agency and the employee
may appear personally, produce evidence, have union representation, or seek other
than union representation.
The Committee will provide a recommendation to the Executive Director for decision
50
and implementation and the employee will receive copies of that decision.
C. APPEAL RIGHTS
In the event that the review Committee cannot reach a majority decision, the
complainant may take the appeal to Step 3 of Section 23 "Grievance Procedure" of the
MOU
X. WAIVER
The waiver of performance of any obligations of the sections of this HACCC Modified
Work/Limited Duty Program shall not be construed as a waiver of the right of such
parties to insist upon full performance of such obligations thereafter.
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EXHIBIT E
SAME-SITE REASSIGNMENTS &
SAME-SITE WORKLOAD REASSIGNMENTS MADE BY THE HACCC
FOR EMPLOYEES COVERED BY
LOCAL ONE MEMORANDUM OF UNDERSTANDING
These procedures cover worksites where there are multiple workgroups that have the
same classification in more than one workgroup. At the present time, the only office
where this situation exists is the Housing Choice Voucher Service Center at 1805
Arnold Drive, Martinez CA. These procedures will cover two situations where
reassignment opportunities may arise, as follows:
1. When a permanent vacancy occurs at a worksite for a covered position:
a. The HACCC will post the reassignment opportunity created by this
vacancy (i.e. the vacancy will leave a position vacant at a given work
group) for seven (7) workdays within the worksite. Any employee on leave
may submit a written request to Human Resources for vacancies that may
become available while the employee is on leave.
b. Concurrently with the above period, the HACCC will post the vacancy
agency wide as provided under Section 25.1 of the MOU (Voluntary
Transfer Procedure). This posting will list the site and classification of the
vacancy (no notice of the specific workgroup will be included on the bid).
c. If both reassignment requests under 1.a. are received and transfer
requests under 1.b. are received, the HACCC will give priority to the
reassignment requests within the same worksite over transfer requests
from other worksites.
d. If there are multiple requests for reassignment within the same worksite,
the HACCC will make the reassignment based upon the length of service,
skills, abilities, and performance of the employees who have requested
the reassignment. If there are multiple requests from equally qualified
employees, the employee with the greatest seniority will be awarded the
reassignment.
2. When the HACCC determines the need to reassign employees within the same
classification and site due to workload consideration.
a. The HACCC will determine from which workgroup employees will be
reassigned and to which workgroup employees will be reassigned.
b. The HACCC will first solicit volunteers from the workgroup from which the
employees will be reassigned. Those in that workgroup will have five (5)
workdays to volunteer. Volunteers must submit their request in writing to
Human Resources.
c. If no one volunteers, the HACCC will designate the employee to be
reassigned. HACCC will make the reassignment based upon the length of
service, skills, abilities, and performance of the employees in the
workgroup.
52
d. If there are multiple volunteers, HACCC will make the reassignment based
upon the length of service, skills, abilities, and performance of the
employees who have requested the reassignment. If there are multiple
requests from equally qualified employees, the employee with the greatest
seniority will be awarded the reassignment.
e. If there is only one volunteer, the HACCC will reassign that person unless
that person is ineligible as indicated below.
f. An employee is involuntarily reassigned, will have first priority to return to
his/her previous workgroup when a vacancy occurs within his/her previous
workgroup. If more than one employee has been involuntarily reassigned
from the same team and more than one wants to return to his/her previous
workgroup, the priority will be given the employee with the greater length
of service.
g
An employee is not eligible to request a same site reassignment if:
L the employee has received a reassignment under this procedure
two times or more within the previous 12 months, or,
ii. the employee has performed unsatisfactorily during the past 12
month period.
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EXHIBIT F
MAINTENANCE DIVISION'S ON CALL PROCEDURES POLICY
On Call duty is any time other than time when a maintenance employee is actually on
regular duty. When assigned On Call duty, the employee is required to stand ready to
report for duty when contacted by page or phone call.
On Call hours are from the end of the regularly scheduled work day to the beginning of
the next regularly scheduled shift on week days and twenty-four (24) hours on week-
ends and holidays.
Maintenance employees who have successfully completed probation shall be eligible to
volunteer for On Call duty. The Housing Authority will semi-annually establish a
schedule of On Call assignments. Employees may switch weekly assignments among
themselves provided management is notified in writing at least seven (7) days in
advance of the change. The On Call rotation shall remain voluntary, provided at least
fifteen (15) employees are available. The Housing Authority will meet with the Union
should the number of volunteers fall below fifteen (15) and prior to making, by inverse
order of seniority, the rotation assignment mandatory.
Each On Call duty rotation shall consist of no less than two (2) maintenance employees.
Each On Call duty rotation shall be one (1) week in duration. Each maintenance
employee on rotation shall carry a beeper and/or cellular phone, provided by the
Housing Authority.
Maintenance employees on rotation shall return a page from the Housing Authority
within thirty (30) minutes, or phone call within fifteen (15) minutes.
Employees serving On Call rotation may take home a Housing Authority truck for the
duration of the assignment or may utilize their personal vehicle and be paid mileage for
all calls. Each site will have a designated On Call vehicle in good working condition.
To ensure safety, an employee serving On Call may call the other On Call employee or
call a Supervisor for further direction. If necessary, the On Call employee may call in
another maintenance employee to assist. Any employee who becomes ill while
assigned On Call duties must contact his/her supervisor. The supervisor will provide for
coverage. All employees on the On Call list will receive site specific orientation, training
and general instructions regarding the criteria for immediate versus next day service call
response. Housing Authority management and the Union shall develop this training.
The Housing Authority management and On Call employee shall inventory and equip
the On Call trucks as necessary.
The Housing Authority management shall make reasonable accommodations for vehicle
exchange at each rotation.
Each work site office shop shall have a lock box for code, gate key and entry key.
Housing Authority management shall arrange for code, gate key and entry key.
These provisions will be reviewed regularly by the Union and Management.
54
The parties will meet on an as needed basis and at the request of either party to assess
the need for change in these procedures.
Changes may be made to this side letter during the term of this agreement, subject to
meet and confer obligations.
A month's notice will he provided to employees and the Union prior to changing the
existing vehicle policy.
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EXHIBIT G
Housing Authority of the County of Contra Costa
Maintenance Mechanic Pay Level B Qualifications
Purpose
1.1 In order to promote longevity, consistency, and compensatory equality among
the Maintenance Mechanic classification, the Housing Authority shall administer
a non-competitive test for Maintenance Mechanics up-grade to the higher (Level
13) pay scale. This advancement shall be made in accordance with the Side
Letter of Agreement, New Maintenance Mechanic Classification.
Qualifications
2.1 A Maintenance Mechanic is eligible for up-grade to Level B after 36 months of
consistently acceptable service (as demonstrated by annual performance
evaluations) at pay scale Level A. A Maintenance Mechanic may make a written
request of the Executive Director (or the designee), within six months of that
eligibility, to be tested for the Level B pay scale.
2.2 The eligibility shall be considered completed oh the first day of the month
following 36 months of unbroken service. The Housing Authority will schedule
and administer the pay scale up-grade test upon receipt of the Maintenance
Mechanics request for testing, annually during the month of January. The pay
scale increase shall become effective on February 1" following passage of the
exam or the first date of eligibility if eligibility has not been reached on the day of
the exam.
2.3 The Housing Authority may at its sole option, elect to administer the test to a
Maintenance Mechanic up to six months prior to her/ his eligibility date in order
to test multiple candidates at one time. The Housing Authority will notify those
candidates of its intent to consolidate the test in order to meet the requirements
of this paragraph. The effective date for pay scale increases for mechanics that
test early shall he at the required first date of eligibility. Although the Pay Level
may change, the employee does not need to complete a probation period as the
Job Classification will remain as "Maintenance Mechanic". The Anniversary date
will correspond with the Pay Level increase, either February 1 st or the first of the
month following the date of eligibility. Thus annual evaluations and subsequent
increases will be given annually by this date.
2.4 Should a candidate fail the skills test, the candidate may request and take the
exam the following year during the month of January.
Testing
3.1 The test shall consist of a practical test-and 'on the job' demonstration of certain
skills. The practical test and demonstrated skills shall be consistent with and
inclusive of the "Illustrative Tasks" and "Knowledge, Skills, and Abilities'p portion
of the Maintenance Mechanic job description.
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3.2 The practical test shall consist of those abilities that are readily verifiable in a
controlled setting. The test shall be on a "Pass / Fail" basis. The total score of the
skills components shall be cumulative in order to receive a passing score. 75% is
the passing score for each skills component and for the cumulative score. A-
minimum of 60% of the individual skills components must be passed. The
Housing Authority will notify a Maintenance Mechanic of her/his score within five
working days of the completed test. The Housing Authority will not disclose the
score results of the test but will notify unsuccessful applicants of the areas which
did not receive a passing score.
3.2.1 The `on the job' demonstrated skills portion of the test shall consist of the
Maintenance Mechanics ability to complete designated skills that are impractical
or unreasonable to test for in a controlled setting. These skills shall be consistent
with the agency's requirements of a Maintenance Mechanic. Evidence of the
demonstrated skills may consist of completed work orders, supervisory
verification, or other documentable acknowledgments. The candidate must
complete all the requirements of the demonstrated skills,
3.3.2 The Maintenance Mechanic may request notification of the required
demonstrated skills up to twelve months prior to her/his anniversary date. The
Maintenance Mechanic supervisor shall make reasonable accommodations with
the Maintenance Mechanic to ensure completion of the demonstrated skills
review prior to the practical test date. The demonstrated skills may include the
following: plumbing stoppages; water heater installation; toilet installation; use
and care of tools; spray painting; cabinet refinishing; tenant relations; work
safety; and other areas of the "Illustrative Tasks" and "Knowledge, Skills, and
Abilities" portion of the Maintenance Mechanic job description.
57